An affidavit supporting the August search of the former President Trump's Florida estate was made public on Friday. The U.S. Justice Department released a heavily redacted copy of the 32-page document. Among other things, it says 15 boxes of material taken from Mar-a-Lago in a previous search had contained classified material. National security attorney Mark Zaid joins John Yang to discuss.
Notice: Transcripts are machine and human generated and lightly edited for accuracy. They may contain errors.
Amna Nawaz: As we reported, the Justice Department released part of the reasoning behind this month's FBI search of Mar-a-Lago. John Yang has a closer look now at what the redacted affidavit does and doesn't reveal about the investigation.
John Yang: Amna, the 32-page document contains some new details about what triggered the FBI search. The National Archives had been asking President Trump about missing presidential papers since May 2021, just four months after he left office. Among the papers he returned in January, 184 classified documents, loose and mixed in with other papers. But there were also plenty of pages like this, 11 pages entirely blacked out, 13 others partly blacked out. We're joined again by attorney Mark Zaid, who focuses on national security issues. Mark, we talked last night before this release. As you read the redacted version of this affidavit today, what was the most significant information to you?
Mark Zaid, National Security Attorney: Well, one thing, I agree. This was what we expected it to look like, which is unusual, because we never pre-indictment get these types of documents. But what jumped out to me as the most important were the designations of some of the markings that had previously been stated. We knew from the receipt of property documents that were seized by the FBI that there was what was called SCI, sensitive compartmented information. We usually hear that with TS/SCI, top secret information. But we received information about additional what we call SAP, Special Access Programs, and type of designations, special intelligence, or S.I., HUMINT, or human-controlled system, HCS. This is human intelligence. FISA, Foreign Intelligence Surveillance Act, documents or information that came as a result of a warrant authorized by the special FISA court. This is some of the most sensitive information that exists in the U.S. government, and I dare say could even potentially put lives at risk.
John Yang: As you read this document, do you think that there's any indication that this is headed toward a criminal prosecution, whether of Trump or someone else, or are they just satisfied to get these documents secured again?
Mark Zaid: Well, the first thing is, as part of the documents that were filed by the Justice Department, along with releasing the affidavit was an indication that they are still in their infancy of investigating what took place, especially in the aftermath. Look, if this were just about — let's say if we went back a few months, and this was only about receiving and retrieving the documents, and there was no allegations of obstruction, or possibly lying to federal authorities, I think it would have ended. But because of what led to this affidavit being submitted to the magistrate judge in the first place, actual allegations of obstruction and possible destruction of documents, I think we are more likely to look towards possible criminality. Now, who that applies to is completely still unclear. There's nothing in what we received today that would indicate that President Trump individually is more or less likely to be prosecuted. But I dare say I think someone — we don't know who — is probably a little bit more nervous today.
John Yang: As you and I both mentioned, a lot of pages were blacked out, a lot of things were redacted. Given where they were and sort of what preceded those sections, is there any way to glean what might be behind those black lines?
Mark Zaid: I think it's pretty obvious, for a large part of it, it refers to the source of information that the FBI relied on, human sources, informants. Now, who that might be, we have no idea. There is no indication to try and figure that out, if it was a Secret Service agent, a staffer, a former White House official, I dare say even a lawyer for Trump who could be fulfilling their ethical duty if they came about information where they knew individuals were lying to the FBI. I think the key trigger is the — are the dates. When — in May, when the back-and-forth with the Archives came about following the 15 boxes, which had moved — increased from 12 a few months earlier, something new happened that gave the FBI and the Department of Justice evidence to show that what they were being told by the lawyers wasn't true. And that's what led to the seizure of the documents on — in August.
John Yang: You talked about the markings on these documents, the — some of the most sensitive information. What sorts of topics — given your experience, what sorts of topics would have these markings?
Mark Zaid: And, look, I get cleared up to these levels rarely, but sometimes, in some of my cases. These are incredibly protected areas. So, FISA, Foreign Intelligence Surveillance Court, right, this is the court that authorizes warrants and surveillance of foreign agents and Americans who are potentially spying for foreign powers. The HUMINT information are some — are assets, human intelligence, assets that we might have around the world operating to help protect us, where their very identity or identifying information could cause their lives to be lost or their family, depending on where they might be. Now, of course, we do not know — and I don't want to suggest otherwise — that the documents that have these markings reveal something that could be devastating, but — substantively. But, by their markings, that is what it is meant to signify. And we may never find out, quite frankly, what was in these documents. But, at some point in time, if prosecution does move forward, we will have a better idea, at least based on the documents that they cite to in the indictment.