Trump demanded to get ‘my boxes’ back from feds as indictment loomed

Ex-president has claimed ownership over classified documents found at Mar-a-Lago citing the Presidential Records Act

Ariana Baio
Thursday 29 June 2023 22:38 BST
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As Donald Trump’s lawyers began preparing for a federal indictment, the ex-president was allegedly still hoping to get the documents and boxes seized from Mar-a-Lago back, according to a report.

Mr Trump referred to the classified material as “my boxes” and “my documents” and asked his lawyers to retrieve the material, sources with direct knowledge of the matter told Rolling Stone.

The Independent has reached out to Mr Trump for comment.

Throughout special counsel Jack Smith’s investigation into Mr Trump’s alleged mishandling of the material and after his indictment, the ex-president has maintained his innocence and claimed ownership over the documents under the Presidential Records Act.

“Under the Presidential Records Act — which is civil, not criminal — I had every right to have these documents,” Mr Trump said in a speech at his New Jersey golf club following his arraignment on federal charges.

Last year, the Federal Bureau of Investigation (FBI) seized multiple boxes of documents, of which 21 were labelled “Top Secret” and some contained information related to nuclear weaponry of the United States

Mr Trump was indicted on 37 counts related to willful retention of national defence information, conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheme to conceal and making false statements and representations.

The FBI forcibly seized the classified material after discovering Mr Trump had allegedly not turned over documents from his time in office.

“In addition to having every right under the Presidential Records Act, is that these boxes were containing all types of personal belongings — many, many things, shirts and shoes, everything,” Mr Trump added.

Under the Presidential Records Act, Mr Trump was required to turn over all records to the National Archives or go through the proper steps to dispose of records that no longer held administrative, historical, informational or evidentiary value.

To do so, Mr Trump would have had to seek the views of the Archivist of the United States.

Over and over again on Truth Social and in speeches, Mr Trump has cited this law, incorrectly, to assert his ownership.

Even in the indictment, which was unsealed earlier this month, one of Mr Trump’s attorneys testified to federal investigators that the former president did not want to hand over the classified material when the federal government requested it.

The attorney alleged that Mr Trump told him “I don’t want anybody looking through my boxes” and allegedly suggested they “just don’t respond at all” to investigators requesting Mr Trump return the boxes.

Mr Trump was arraigned on his indictment earlier this month in Miami, Florida.

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