Despite the fact that every single leak to the press about the scope of the warrant claimed that two crimes were listed, “mishandling classified information” and the Presidential Records Act, those leaks were all false. The former was a transparent attempt to avoid saying the word “Espionage” and the latter is not listed on the warrant as a crime being investigated at all
One likely (though not the only) explanation for the two receipts has to do with the venue in which Trump’s suspected crimes were committed and therefore the ultimate destination of the seized materials, with the SSA receipt [the receipt listing fewer boxes and more documents] materials being sent to DC as evidence of 18 USC 1519 and the CLASS receipt [the receipt that has received all the attention so far] materials being kept in Miami as evidence of multiple violations of the Espionage Act that occurred at Mar-a-Lago.
If Trump took notes with his Sharpie on a cocktail napkin during a phone call directly with Mohammed bin Salman, for example, it would not include classification marks, but it might be highly classified.
the final bullet describing the scope of the search (and back to my working hypothesis for the two different receipts, that the SSA receipt covers evidence of obstructive acts committed in DC). It authorizes the seizure of evidence of the destruction of records.
This language comes right out of the obstruction statute, though leaves out the reference to “investigation or proper administration:”Any evidence of the knowing alteration, destruction, or concealment of any government and/or Presidential Records, or of any documents with classification markings.
. . . remarkably, Trump’s leakers were hiding this part of the warrant even more aggressively [than “Espionage”]. In the entire week of post-search coverage, there was never a hint that obstruction was on the warrant, too. The “Expert Explainers” gaming out what crimes might be on the warrant completely missed obstruction. I did too.
Oh. And if Trump were found to have obstructed an investigation into conspiracy by destroying evidence, it might extend the statute of limitations on that conspiracy.
I wrote a long thread yesterday about how Trump epically ****ed up by giving DOJ grave reasons to come search his home. DOJ would never have searched Mar-a-Lago for materials Trump withheld in violation of the PRA. They probably would never have searched MAL for evidence he withheld regarding January 6. But Trump kept refusing to turn over classified information DOJ knew he had, some of it reportedly incredibly sensitive. Trump dared Merrick Garland to come get those classified documents. And in so doing, Donald J. Trump gave the FBI urgent reason to come into his home to seize — along with at least 11 boxes containing classified documents — the evidence about January 6 and other investigations that is so sensitive Trump tried to destroy it before refusing to turn it over to the Archives.