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Andrea Mitchell Reports

basis to go in but the brief that was unredacted says these concerns are particularly compelling in this case and then says, unfortunately, as explained in the affidavit, and then it's blacked out on page 9. but it's clear that the affidavit from this gave compelling reasons for obstruction in this particular case, that it wasn't just an abstract concern. so that is just confirming in this brief and what we surmised from the statutory site in the search warrant that was previously disclosed on section 1519, of the federal criminal statutes, which as i mentioned is the obstruction statute. that is at least one hint. >> andrew, just picking up on this, on page 6 i've just noticed it says under witness intimidation, if witnesses' identities are exposed they

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Katy Tur Reports

looking at for donald trump. but there's also a separate statute that makes it a crime for someone who did not have authorization who possessed documents. i could see that charge, a conspiracy charge if there was an agreement to keep these documents long past the time they should have had them. i can see an aiding and abetting type of theory of complicity here. also in that search warrant we saw a reference to the obstruction statute, 18 usc 1519, which is about concealing documents. anyone who assisted in that could be in trouble. if it simply requires knowledge, a valet who moved one box from this run to that room because donald trump asked him to, that wouldn't be enough. the classification isn't so much what matters as national defense documents, presidential records, government records, knowing that they belong to the united states of america and helping donald trump to illegally retain them. any of those people could be on the hook. >> barbara and david, you're

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Early Start With Christine Romans and Laura Jarrett

jeopardy itself because she apparently signed the document sent to the doj saying that there are no more classified documents in the possession of donald trump at mar-a-lago. that could put her in the crosshairs of doj under section 1519 obstruction. and so things are not going well for their legal team and i think because of the delay, they have lost this argument. they could have made the argument at the beginning, but by waiting this long, the horse is already out of the barn. >> but isn't this whole request more about i guess feeding a narrative? i mean, the former president is trying to feed this narrative, isn't he, that he is being maligned by an fbi and department of justice that is out to get him and has been since the russia investigation. >> i think you're right, it is more of a political strategy than a legal one. because they are feeding their right wing base. saying hey, we want transparency, remember that, but inside of court, they didn't ask for the affidavit to be released. so this is the same type of

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Deadline White House

fbi building with an assault weapon who was shot to death by the fbi. just talk about the tinter box in which any judge or government official working on this case is having to operate. >> yeah, well, you're exactly right. in fact, the judge today in his written opinion points out that one of the charges that he found that was probable cause to believe there would be evidence of dealt with obstruction of justice 1519. so he is well aware of that evidence. he's also well aware that he personally has received death threats and there are reports that he couldn't attend religious services because of those threats. he's very aware of that, but this is something that doj and the court keeps their heads down, and i think there's no way that donald trump will do well in the court and as you said,

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Katy Tur Reports

this a dig deal? yeah, it's a really big deal. the department of justice often says in search warrant applications we can't allow the warrant to be unsealed because it would create an incentive to destroy documents. on the other hand, it's stark to see that in writing with respect to any former president. now, on the other hand -- go ahead. >> no, no, no, you go ahead. i want to hear your on the other hand. >> on the other hand, this is a person where the basis for the warrant, one of the three statuary bases for the warrant, is 18 u.s.c. 1519. that's not solely about the removal of government or classified documents. that's about the concealment, destruction, mutilation, alteration of those documents. so when you're going in and your predicate for the warrant already is that you believe somebody has messed with these documents in some way, shape or form. it's not that unusual to say unsealing the warrant would

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Katy Tur Reports

>> yeah. one of the things reported is boxes going in and out. so that's the kind of thing they could have seen. i think this is part of the reason that you saw in the search warrant the reference to section 1519 of the criminal statute. that is an obstruction statute. and that is the kind of thing that the department could have been very focused on false statements and false representations being made to them that everything had been returned. only to find, you know, in the search, that that was not true. and that kind of crime, i can tell you when i was in the department. that is the kind of crime that really gets people in the department up in arms. it goes to undermining the integrity of the criminal investigation. and that's the kind of thing that has to be deterred if you're in this case, in any case, if you're going to actually have a rule of law.

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The Mehdi Hasan Show

national archives and records administration, which put out a statement saying that they maintained, quote, exclusive legal and physical custody of president obama's records. 33 pages of unclassified records, which they say they moved to the chicago area, not obama. and, yet the disgraced did obama lie it has been repeated by trump and trump world since friday afternoon. they have no shame. no problem and is the humiliating themselves on behalf of trump. at the start of the week, therefore comparing the former presidents retention of classified documents in mar-a-lago. it was a trivial thing, these were knows people quickening's -- on friday, we finally saw the search warrant. along with the laws that trump was being investigated for breaking, all from title 18 of the united states code, mainly section 793, or the espionage act, that covers the unlawful retention of defense related information that could harm the united states. section 1519, which controls

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Meet the Press

search warrant. talk to me about them, because the whole issue of whether he declassified or didn't declassify really is immaterial to those three laws that they cited. >> yeah. that's absolutely right. i do think it is worth noting that with respect to the espionage act, although it is technically immaterial, it does require it to be national defense information, and there is an argument that the classification system is what fills in the -- and provides gloss to what that means. so that's probably from donald trump's perspective one where if the documents were in fact declassified, that's a large if, where he would have the best argument to argue that that statute shouldn't be charged. but the other two statutes don't require in any way that the documents be classified, and the most surprising statute that we saw listed is the 1519 obstruction statute. that potentially could be quite

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Jose Diaz-Balart Reports

alien to -- it's totally unprecedented. we've just never seen it before. >> "the new york times" also reports a trump lawyer signed a document in june saying there were no more classified documents at mar-a-lago. what do we know about that situation? >> well, i think that that adds another layer to trump's legal problems and potentially to his lawyers' legal problems. that's a certification that they made to the department of justice. if these lawyers knowingly lied to the fbi and to the department of justice, that's potentially false statements and obstruction of justice by the lawyers. now, if they did that unknowingly, if they truly believed that, then at that point they've been lied to by their client and they are going to need to distance themselves from their client, and trump will be on the hook for that. so this is why we see that 1519 charge in the justification for the search warrant, because it appears that they were already aware that some

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MSNBC Prime

federal prosecutors showed probable cause that section 1519, that deals with, quote, the destruction, alteration or falsification of records and federal investigations was violated. what violation of that law means, the knowing destruction, concealment, cover-up or making of a false entry with respect to any record, with the intent to impede, obstruct or influence any federal investigation. with sure does make the reporting that donald trump routinely ripped up and flush documents down the toilet more interesting. we also learned's heyday with the fbi was looking for and had probable cause to believe resided at the presidents club. this is from the same attachment b, property to be seized. here is why federal authorities searched mar-a-lago for. quote any physical documents with classification markings along with any containers or boxes in which such documents

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