![]() Since the 1988 Supreme Court decision in Department of the Navy v. Declassification, presidential powers and regulations The day-to-day oversight of the government-wide classification system is handled by the Information Security Oversight Office (ISOO), a component of the National Archives. Generally, the president and the United States National Security Council set information security policy such as the sharing and classification of information. The Code of Federal Regulations contains rules for classified material as 32 CFR 2001. presidents have used the constitutional and statutory powers of the president of the United States to create classification systems through executive orders. See also: Classified information in the United States and Special access programīeginning in 1940, U.S. The maximum penalty is 20 years in prison. § 1519, enacted as part of the Sarbanes–Oxley Act, criminalizes the act of destroying or concealing documents or records, regardless of their relevance to national security, "with the intent to impede, obstruct or influence the investigation or proper administration of any matter" within the jurisdiction of any federal department or agency.The maximum penalty is 10 years in prison. § 2071 criminalizes the theft or destruction of government records, regardless of their relevance to national security.As noted by the Congressional Research Service, the "affidavit supporting the warrant focuses on subsection (e), which applies when an individual is in unauthorized possession of certain national defense information". The Espionage Act was passed before the development of the modern classification system of the United States government, and thus does not refer to the classification status of the documents unclassified "national defense information" would still be covered under the Espionage Act. § 793, enacted as part of the Espionage Act of 1917, makes the unauthorized retention or disclosure of documents related to national defense, which could be used to harm the United States or aid a foreign adversary, a crime.The search warrant and accompanying affidavit listed three federal criminal statutes as the basis of the investigation: " 18 U.S.C. See also: Espionage Act of 1917 and Sarbanes–Oxley Act On July 27, a new version of the indictment (superseding the old) added three counts against Trump. Trump pleaded not guilty to all 37 charges. On June 13, 2023, Trump surrendered to federal custody and was arrested, booked, processed, and arraigned in the U.S. ![]() On June 8, 2023, Trump was indicted on federal charges related to the documents. Months later, at least two more documents with classified markings were uncovered at Trump locations. Of these documents, 337 were classified: 197 handed over in January 2022, 38 turned over under subpoena in June 2022, and 102 seized in the August search of Mar-a-Lago. They included nuclear-related information and FBI, CIA, and NSA information about national security interests. Over 13,000 government documents were recovered. The Justice Department said the classified documents at Mar-a-Lago were likely "concealed and removed" to block investigation. Surveillance footage subpoenaed by the Justice Department in June 2022 showed boxes were moved in and out of a storage room at some point. ![]() In 2021, NARA tried to recover material, and Trump went through the material in his possession at the end of that year. Later, courts released the affidavit with redactions, giving the public a window into the FBI's goals in this search and what the FBI seized. illegal removal or destruction of federal government records (without respect to cause).destroying or concealing records "with the intent to impede obstruct or influence" federal government activity.violations of the Espionage Act regarding unauthorized retention of national defense information.The order, unsealed a few days after the search, showed that the FBI obtained the search warrant as part of an investigation into Trump relating to three federal criminal statutes: Attorney General Merrick Garland and approved by Magistrate Judge Bruce Reinhart, following a criminal referral by the National Archives and Records Administration (NARA). The search warrant application was authorized by U.S. president Donald Trump in Palm Beach, Florida. On August 8, 2022, the Federal Bureau of Investigation (FBI) executed a search warrant at Mar-a-Lago, the residence of former U.S.
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