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Don Lemon Tonight

diligent search for records responsive to the grand jury subpoenas. in the storage room or lawn, fbi agents found 76 documents bearing classification markings. all the classified documents seized in the august 8th search heaven segregated from the rest of the seized documents and are being separately maintained and stored in accordance with the appropriate procedures for handling and storing classified information. the fbi in a matter of hours recovered twice as many documents with classification markings as a diligent search that the former presidents counsel and other representatives had weeks to perform calls into serious question the representation is made in the certification and cast doubt on the extent of the cooperation in this matter is here is pointing out. that is serious, phil mudd. it is hidden, boy, i'm trying to take a breath here. because i misinterpreted this from the start, i guess, after 30 years of national security, i was still naive.

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Andrea Mitchell Reports

the nature of the material seized. while i would like to see a hint of course and we may well see the number of top-secret, the number of sensitive, compartmented documents and then confidential and then secret, you know, i'm hopeful there will be at least a hint. i don't think it's likely. but there could be a hint that, hey. in the top-secret realm this got into national defense or this involved plans for war. i doubt that's going to happen but that's in the high end of expectation. i think we'll see a lot of blacked out lines with regard to that portion of the probable cause statement. >> let's talk from your experience about how unprecedented it is to release this kind of affidavit before charges, before a case has proceeded. >> yeah, so it is not -- unprecedented is a little strong but extremely unusual especially early in the investigation,

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Andrea Mitchell Reports

could negatively affect the secret service. clearly it has to do with mow mar-a-lago is secured. namely the fbi agent who signed off on it, where these documents were believed to be was not at all the type of facility that should house these type of documents. another thing i noted in the search warrant is that on the initial 15 boxes that were provided to the national archives, they noted how kind of day-to-day notes and memos, the types of things former president trump might write out or pass to his aides and other top government officials, when you look at those things included in the boxes, among them, then, were these highly classified top secret-type pieces of information that were just mixed in. in other words, there was really no system for delineating what might be day-to-day notes, notes

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Andrea Mitchell Reports

involved in personal review of these documents. but the important thing here is to be willing to look at the materials that are released today in an unredacted form because this is obviously a serious effort by the justice department to be thoughtful about its legal obligation in a situation like this to balance the public's interest, the public's right to know against the need to protect the integrity of what continues to be an ongoing investigation at this point from all appearances. those are two very hard sorts of principles to balance in a situation like this. we will certainly learn more if this motion providing doj's reasons for what it kept sealed and what it unsealed is an accurate predictor of just how much information we're about to see. i would still expect heavy redactions in the affidavit itself and we should all try to not be unhappy about those redactions because they will reflect the work that doj is

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Andrea Mitchell Reports

general and the former fbi director for counterintelligence so we have the team all assembled. one thing that most likely -- what are the things we most likely will learn, not sources and methods. some of the classifications potentially. we already know some of this from reporting how top-secret some of these things were, special access documents. but perhaps we'll learn the time frame. how long it has taken for the national archives to get what they were legitimately seeking from any president, all presidents up until now from the former president when he left the white house and how many attempts at cooperation there were to de bunk the narrative from trump world that there was no cooperation and this was a completely unexpected, unwarranted, and illegal search? >> absolutely. one thing just to point out is magistrate judge reinhart did issue the order unsealing the necessary documents and then

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Andrea Mitchell Reports

and patel implied it was misleading because potus de classified the material. this idea that donald trump de classified a bunch of documents found at mar-a-lago before he left office. that is actually cited directly in this affidavit as sort of a reason for supporting the reason that they needed to actually go and get these documents at mar-a-lago because it didn't seem like something they were necessarily buying as an excuse. while we got a lot of redacted pages in here, kash patel pops up in this breitbart story from may as one of the reasons for supporting their reasoning for going in to get those documents. >> let me explain who kash patel is. originally he was working for house intelligence when it was run by republicans by devin nunez, then he ended up in the trump nsc, then at the director of national intelligence office and he finally ended up in the

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Andrea Mitchell Reports

to that? why didn't something voluntary or a subpoena, why didn't that all work? but there is a second way in which that is relevant and that is to a potential criminal case because that really goes to establishing the criminal intent that this wasn't an accident. that there were repeated efforts that were rebuffed and while some documents were returned not all documents were returned. so really strong evidence of intent could come out of what happened during that period and that we may momentarily learn more about. >> joyce vance, what are you looking for when these, when the computers get back up to speed and we see what the judge has ordered to be unsealed? >> well, it is interesting, andrea. there are confusing notations on the pacer system andrew has just noted has crashed. that is the court system where lawyers every day file their pleadings in court and judges

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Andrea Mitchell Reports

kind of characteristics of the personalities. who do they think? even the parts of we have just reveals that the fbi, the justice department think that donald trump is a liar. so if you look at paragraph 25, for example, they talk about how the archivist on february 18th of this year said to trump, hey, we found some classified documents here and identified concerns. that's a formal letter sent by the archivist. later that day, trump's account tweets out saying they, quote, did not find anything, they were given upon request presidential records in an ordinary and routine process as part of the preservation of my legacy. you know, those two things are fundamentally inconsistent with one another, and i think what the affidavit is trying to do is to say don't trust this guy. you can't believe him. >> what's extraordinary is, as you point out, that's laid out

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Andrea Mitchell Reports

that. of that 21 pages by my quick count here are redacted in part or in full. so there is a lot of information here about this ongoing federal criminal investigation the potential subjects of which we still don't know. not surprisin. we weren't going to find that out today, but we still don't have a lot of information as to why this investigation is occurring. you and others have well laid out here the potential ramifications with respect to national security in these documents. i think there's several other things that were unsealed subtle of today's actions, specifically federal prosecutors' arguments for these documents to be released in redacted form if they were to release it as well. one thing i think i do want to point out is that there's a footnote in one of those documents i just referenced that said the court has noted the disclosure of certain information pertaining to physical aspects of the premises

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Andrea Mitchell Reports

to this with frank about the risks to personal safety but what about the potential risks to national security in terms of these documents having been not under seal, lock, and key, in the basement or in a closet at mar-a-lago for upwards of a year? >> that's right, andrea. i had a top-secret clearance and i know a number of people on the panel have had the very same thing. when you have that kind of clearance you are constantly briefed on the significance and importance of the documents that may come into your possession and how they should never leave certain areas, certain protected areas. here is something else, andrea, that i think former president trump and his lawyers ought to be paying very careful attention to even though it is unlikely to be released in this affidavit. first, this is an ongoing investigation. in other words, it didn't stop at the moment that the documents, these sensitive and classified documents were retrieved. this investigation is ongoing.

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