Primary Documents

January 14, 2021: John Solomon Podcast bragging of detailed knowledge of what Russian investigation materials would be released in the coming days) described having newly obtained a January 20, 2021 Mark Meadows memo to DOJ instructing them to declassify documents from the Russian investigation.

On December 30, 2020, DOJ provided Trump a binder of material from the Russian investigation.

On January 8, 2021, Mike Ellis attempted to retain a compartmented NSA report for White House archives, initially refusing efforts to return it.

January 19, 2021: Trump letter to Archivist of the United States David Ferriero, FPOTUS designating (among others) Pasquale (Pat) Cipollone and Patrick Philbin as his representatives with the NARA

January 19, 2021: Trump order declassifying Russian investigation documents

January 20, 2021: Mark Meadows memo on declassification

October 18, 2021: Trump lawsuit attempting to enjoin the Archives from complying with January 6 Committee subpoena

October 21, 2021: DOD IG report on Mike Ellis appointment, including discussion of his efforts to take sensitive NSA documents in January 2021

November 10, 2021: Judge Tanya Chutkan opinion denying Trump’s motion for an injunction against NARA

December 9, 2021: DC Circuit order upholding Judge Chutkan’s decision releasing Trump records to the January 6 Committee

January 19, 2022: SCOTUS order upholding Chutkan’s decision

On January 31, 2022, NARA completed an initial inventory of the retrieved documents. It discovered over 100 documents with classification markings, comprising more than 700 pages. Some include the highest levels of classification, including Special Access Program (SAP) material.

February 18, 2022: NARA to Carolyn Maloney

April 11, 2022: FBI letterhead memorandum asks NARA for access to Trump documents

April 12, 2022: NARA informs Trump of access request

April 29, 2022: NSD to Evan Corcoran letter laying out NatSec urgency (not public)

April 29, 2022: Evan Corcoran letter to NARA asking for further delay (not public)

May 1, 2022: Evan Corcoran letter to NARA asking for further delay (not public)

May 5, 2022: Evan Corcoran asks for access to the Trump records for representatives (not public)

May 5, 2022: Kash Patel claims Trump mass declassified

May 10, 2022: Steidel Wall to Corcoran advising him she would give FBI access starting May 12

May 11, 2022: Subpoena

May 11, 2022: Bratt to Corocran Subpoena Letter

May 25, 2022: Corcoran to Bratt Letter (non-public, referenced here)

May 25, 2022: Corcoran to Bratt Letter laying out why Trump can’t be criminally investigated

June 3, 2022: Bobb Certification

June 19, 2022: Trump letter to NARA making Kash Patel and John Solomon representatives

June 22, 2022: Kash Patel announces he has been named Trump’s representative at NARA

July 20, 2022: John Solomon claims to have recently received Mark Meadows memo declassifying RU materials

August 5, 2022: Sealed search warrant affidavit (unsealed August 26); less redacted version (unsealed September 13)

August 5, 2022: Warrant Application Cover Sheet

August 8, 2022: Search Warrant and Receipts

August 18, 2022: Unseal Additional Documents

August 22, 2022: Motion for Special Master

August 25, 2022: List of Redactions

August 25, 2022: Proposed Redactions filing

August 29, 2022: First Emergency Request for Grand Jury Information; Order

August 29, 2022: Notice of Receipt of Preliminary Order

August 30, 2022: Government Response to Special Master Request

August 30, 2022: Exhibits to Government Response, including letter from Debra Steidel Wall to Evan Corcoran

August 30, 2022: More Detailed Inventory

September 1, 2022: Transcript of Hearing before Judge Aileen Cannon

September 5, 2022: Cannon opinion in which she leaks details about substance of privilege review

September 8, 2022: DOJ motion to unseal Privilege Statuts Report

September 8, 2022: FBI Assistant Director of CI Alan Kohler Declaration

September 8, 2022: Motion for Stay of Injunction on Investigating Classified Documents

September 8, 2022: Motion to Unseal Privileged Status Report

September 9, 2022: Common plan for Special Master; Trump Special Master plan; Government Special Master plan

September 12, 2022: Trump response on motion for stay

September 13, 2022: DOJ reply on motion for stay

September 15, 2022: Cannon opinion denying stay; Cannon’s order of appointment; Raymond Dearie declaration

September 16, 2022: DOJ motion for a stay

September 19, 2022: DOJ topics for initial Dearie conference; Trump topics for initial Dearie conference

September 20, 2022: Trump 11th Circuit response; DOJ 11th Circuit reply

September 21, 2022: 11th Circuit opinion granting stay

September 22, 2022: Cannon order removing documents marked as classified from Seized Materials covered by her order; Dearie proposed work plan

September 23, 2022: Protective order; amended case management plan; motion for extension of time

September 26, 2022: Sworn affidavit with more detailed inventory; Julie Edelstein

emptywheel Posts

(from Peterr) Three Questions at the Start of an Intelligence Review

Just Following Orders: Raymond Dearie’s Strict Compliance with Aileen Cannon’s Orders

Cause the Harm, and Then Say Nothing: Trump Has Had Aileen Cannon’s Proof of His Injury for a Week and Said Nothing

Granting Stay, 11th Circuit Scolds Aileen Cannon for Ignoring Executive Assertions on National Security

DOJ Raises Prospect that Trump Continues to Obstruct Investigation, Including of Empty Folders

Trump Sweeps Evidence of Obstruction under the Appellate Rug

Don’t Analyze Trump Legal Filings Based on the Law, Analyze Them Based on Power

Trump Wants Two Weeks to Review 64 Documents; DOJ Expects Review of 500 Documents a Day

“The Rule of Law is not assured:” The Cascading Constitutional Crisis Judge Aileen Cannon Deliberately Created

In Motion for a Stay, DOJ Raises Prospect that Trump Leaked Classified Documents

Trust: In Bid for Stay, DOJ Likened Trump to Catastrophic Intelligence Compromise

Aileen Cannon’s Special Master Is Designed to Preempt Decisions Reserved for a Jury

Judge Aileen Cannon Deems Grand Jury Subpoenas Toilet Paper

Aileen Cannon Orders Government to Share Classified Information with Trump’s Counsel

Evan Corcoran’s Two May 25 Stall Letters

Yes, Trump Was Taking Notes on Classified Documents

“A Coat Rack with Suit Jackets, as Well as Interior Décor Items Such as Wall Art and Frames”

Carolyn Maloney Provides NARA Cause to Assert Standing

Donald Trump Agrees He Is Living By Barack Obama’s Rules

The Full-Fitton: Trump’s Funny Math with the Federal Records Act

In Bid to Keep Executive from Accessing Executive Branch Documents, Trump Confesses to Obstruction

18 USC 793(g): Aileen Cannon’s Order Would Not Forestall Flipping Trump’s Custodian of Records

DOJ Has at Least One Card Left to Play: Congress’ Instinct for Self-Preservation

Trump Proposes a New Plan to Steal Classified Documents

Perfect Specimen: Government Records about the Mazars Lawsuit and Trump’s COVID Treatment Would Be Government Records

A Likely Looming Battle in the Stolen Document Case: Classified White House Counsel Documents

The Tactics of DOJ’s Request for a Partial Stay of Judge Cannon’s Order

Team Trump Knows Details of the Investigation that Jay Bratt Does Not — and Trump’s Already Leaking Them

NARA May Have Pre-Existing Legal Obligations with Respect to Documents Covered by Aileen Cannon’s Order

Aileen Cannon Prioritized Donald Trump’s Reputation over CIA Assets’ Lives

Judge Aileen Cannon’s Funny Ideas about Being Owned

Aileen Cannon Calls an Investigation into “What’s Literally a Stolen Diary” … “Politicized”

Judge Aileen Cannon Thinks 64 Tax and Medical Records No Investigator Has Read are More Important than 11,282 Stolen Government Documents

Evan Corcoran Keeps Arguing that Evan Corcoran Didn’t Do a Diligent Search

The FBI Seized No Boxes with Press Clippings that Postdate November 2020

Beryl Howell Says the Surveillance Video Subpoena Was June 24, Not June 22

Return to Sender: DOJ Seized Evidence that Up to 90 Highly Sensitive Documents May Have Disappeared

No One Puts Roger Stone in a Box

(from Peterr) That Bratt-I-Am, That Bratt-I-Am, I Do Not Like That Bratt-I-Am

How DOJ Continues to Build Its Case that Trump Improperly Retained National Defense Information

Christina Bobb Claimed No Copies of the Stolen Classified Documents Had Been Made

Trump Stored Some of the Nation’s Most Sensitive Secrets with His Framed Time Magazine Cover

“The President Was … Working in a Filing Room”

One Big Potentially Pending Question: What Happens to Trump’s Impeachment 1.0 Papers?

Key Details about Evan Corcoran that Evan Corcoran Did Not Disclose to Judge Aileen Cannon

Six Days: Trump’s Second Whack Filing Is Too Late

Did Kash Patel Already Confess to Illegally Disseminating Carter Page FISA Information?

The Elements of the Offense for an 18 USC 793e Prosecution

Trump Had Human, Signals, and FISA Intelligence in an Insecure Room at Mar-a-Lago for a Year

Magistrate Judge Bruce Reinhart Accepts DOJ’s Proposed Redactions

Christina Bobb, Custodian of Records and Coup Conspirator

The Day After Paul Sperry Claimed Trump Had Been Hiding January 6 Documents, DOJ Subpoenaed the Archives Again

A Roger Stone Pardon for MacronLeaks Isn’t As Crazy as It Sounds

Mastering Obstruction: Two of Trump’s Attorneys May Be Witnesses or Suspects

Archives Letter Demonstrates Import of Past Kash Patel Claim of Declassification

Trump’s Reneges on Promised Significant Fourth Amendment Filing

Next Steps in the Trump Stolen Documents Investigation

Maggie Haberman: Heads It’s Only Obstruction, Tails It’s Not Obstruction

The French President May Be Contained Inside the Roger Stone Clemency

Which of the Many Investigations Trump Has Obstructed Is DOJ Investigating?

The Known and Likely Content of Trump’s Search Warrant

The ABCs (and Provisions e, f, and g) of the Espionage Act

Trump’s Latest Tirade Proves Any Temporary Restraining Order May Come Too Late

How Trump’s Search Worked, with Nifty Graphic

Pat Philbin Knows Why the Bodies Are Buried

Trump’s Timid (Non-Legal) Complaints about Attorney-Client Privilege

18 USC 793e in the Time of Shadow Brokers and Donald Trump

[from Rayne] Other Possible Classified Materials in Trump’s Safe

Trump’s Stolen Documents

John Solomon and Kash Patel May Be Implicated in the FBI’s Trump-Related Espionage Act Investigation

[from Peterr] Merrick Garland Preaches to an Overseas Audience

Three Ways Merrick Garland and DOJ Spoke of Trump as if He Might Be Indicted

The Legal and Political Significance of Nuclear Document[s] Trump Is Suspected to Have Stolen

Merrick Garland Calls Trump’s Bluff

Trump Keeps Using the Word “Cooperate.” I Do Not Think That Word Means What Trump Wants the Press To Think It Means

[from Rayne] Expected Response is Expected: Trump and Right-Wing DARVO

DOJ’s June Mar-a-Lago Trip Helps Prove 18 USC 793e

The Likely Content of a Trump Search Affidavit

All Republican Gang of Eight Members Condone Large-Scale Theft of Classified Information, Press Yawns

Some Likely Exacerbating Factors that Would Contribute to a Trump Search

FBI Executes a Search Warrant at 1100 S Ocean Blvd, Palm Beach, FL 33480

Statutory Background

18 USC 793: Espionage Act

18 USC 2071: Removal of Government Documents

18 USC 1519: Obstruction

44 USC 2201ff: Presidential Records Act

32 CFR Parts 2001 and 2003: Rules on storage of classified information

Other links

Existing legal requests for Trump materials from the Archives

  • A series of subpoenas from the January 6 Committee that the Supreme Court has already ruled has precedence over any claims of privilege made by Trump
  • Two subpoenas from DOJ’s team investigating January 6, one obtained in May, covering everything NARA has provided to the J6C, and a second one served on NARA on August 17; these subpoenas would also be covered under SCOTUS’ ruling rejecting Trump’s privilege claims
  • Discovery in Tom Barrack’s case, whose trial starts on September 19 (DOJ informed Barrack they had requested Trump White House materials from NARA on April 5)
  • A subpoena from Peter Strzok in his lawsuit over his firing and privacy act violations

Other Key Reports

August 13, 2022: Fox News Report identifying which receipt includes items identified as potentially privileged onsite

August 23, 2022: WaPo Report on document turnover, including description of Trump packing himself

September 6, 2022: WaPo Report reporting seizure of material on foreign nation’s nuclear capabilities

September 16, 2022: WaPo report that, on September 21, Pat Philbin told NARA that Mark Meadows told him the boxes were full of clippings.

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