Washington(CNN) The National Archives announced former president Donald Trump is set to hand over to special counsel Jack Smith 16 records that show Trump and his top advisers had knowledge of the proper declassification process while he was president, according to multiple sources.
In a May 16 letter obtained by CNN, acting Archivist Debra Steidel Wall wrote to Trump, “The 16 records in question all reflect communications involving close advisers to the president, some of which addressed to you personally, as to whether, why, and how you express the classification. certain classified records.”
The 16 presidential records, which were subpoenaed earlier this year, could provide critical evidence establishing the former president’s knowledge of the declassification process, a key part of the criminal investigation into Trump’s mismanagement. of classified documents.
The records could also provide insight into Trump’s intentions and whether he deliberately ignored what he knew were clearly established protocols, according to a source familiar with recent testimony given by the grand jury of former Trump officials.
Trump and his allies have insisted that as president, Trump does not have to follow a specific process to declassify documents. In a CNN town hall last week Trump repeated the claim that only by removing classified documents from the White House did he declare it. “And, in fact, they’re automatically declassified when I take them out,” Trump said.
According to the letter, Trump tried to block the special counsel from accessing the 16 records by asserting a claim of “constitutional privilege.” But in his letter, Wall rejected that claim, saying that the special counsel’s office represented that it was “willing to show specifically in a court, why it is likely that the 16 records contained which is evidence vital to the grand jury’s investigation. .”
The special counsel also told the Archive that the evidence was “impractical to obtain from another source.”
The letter goes on to say that the records will be turned over by May 24, 2023 “unless otherwise prohibited by an intervening court order.”
A source close to Trump’s legal team told CNN that the former president received several letters like this from the Archives during the course of the investigation.
The Trump team could challenge it in court, this person said, but previously acknowledged that the Archives provided the documents before the Trump team had a chance to challenge the release in court.
Trump’s legal team would not disclose what was in the 16 records, but the source said the former president’s attempt to block the special counsel from accessing them “is more of a strategic fight about constitutional and presidential protections rather than withholding evidence from the special counsel.”
The special counsel’s office and the Archives declined to comment.
Jim Trusty, a lawyer for Trump on the classified documents case, told CNN that the former president relied on his constitutional authority to bring the documents to Mar-a-Lago.
“At the end of his presidency, he relied on the authority of the constitution as commander-in-chief, which was to get the documents and bring them to Mar-a-Lago while he was president at the time, and effectively declassify and personalize them,” Trusty told CNN’s Sara Sidner of the former president. “He talks about declassifying them, but he doesn’t have to.”
Last year, after the FBI obtained classified and top secret documents from Trump’s Mar-a-Lago resort, the former president and his allies admitted that Trump had a “standing order” to declassify the documents. document that he took from the Oval Office to the White House residence.
But 18 former Trump administration officials said they never heard of any orders issued during their time working for Trump, telling CNN the claim was “ridiculous.” ridiculous,” and a “complete fiction.”
NARA’s letter to Trump comes amid a flurry of activity by Smith’s team, including grand jury appearances by former national security officials who testified they told Trump there was a process for a president to announce the material, according to a source familiar with the matter.
The 16 records may help federal investigators overcome a significant hurdle in a potential prosecution of the former president. While presidents have the ultimate authority to declassify, the limits of that authority have not been tested by the courts.
That means the various claims by Trump and his allies that he declassified material without going through the standard process cannot be completely dismissed by the Justice Department.
In his letter, Wall said that NARA began searching for relevant records after receiving a subpoena from Smith’s team on January 23, 2023. The Archives found 104 unclassified documents that suit the demands of federal prosecutors.
When informed that NARA intended to hand over the documents to the grand jury, Trump’s legal team raised privilege concerns over 81 of the records. The Biden White House was also notified but told NARA that the incumbent president would not assert the privilege to block records from being shared with the grand jury.
The special counsel was also given access to other records that were not challenged by the Trump team.
Ultimately, the special counsel identified 16 records in question in connection with the grand jury investigation.
In a CNN town hall last week, Trump misrepresented the Presidential Records Act, falsely claiming he was “authorized” to obtain documents when he left office.
In fact, the Presidential Records Act provides that when a president leaves office, the National Archives becomes the legal custodian of the presidential records, which belong to the public.
“I had every right to under the Presidential Records Act,” Trump said when CNN’s Kaitlan Collins asked why he took documents when he left the White House. “You have the Presidential Records Act. I was there and I took what I took and it was declassified,” he added.
This story has been updated with additional details.
