Some of the “top secret” documents seized from Donald Trump’s Mar-a-Lago estate had such a specific security classification that FBI agents and federal prosecutors had to get special clearance just to view them, the Justice Department’s latest filing says.
A photo of some of the materials recovered from Trump’s “45 office” at the Florida property showed whited-out documents with colored cover sheets indicating their classified status — including “top secret” and “secret.”
Some of the documents featured in the image, which was included in the department’s filing late Tuesday, also had the less familiar designation “TS/SCI” — an abbreviation for sensitive compartmented information.
“The classification levels ranged from CONFIDENTIAL to TOP SECRET information, and certain documents included additional sensitive compartments that signify very limited distribution,” the DOJ said in its filing.
“In some instances, even the FBI counterintelligence personnel and DOJ attorneys conducting the review required additional clearances before they were permitted to review certain documents.”
Some documents taken from former President Donald Trump’s Mar-a-Lago residence during the FBI raid were labeled “Top Secret.” Robert MeceaHere’s a breakdown of what the security classifications are:
Top Secret
This is highest level of classification and refers to information that could cause “exceptionally grave damage to the national security” if released.
Information that could be classified top secret includes nuclear codes or details provided by a sensitive human source — aka a spy.
The president and agency heads are among the few who are able to officially classify material as top secret.
Secret
This classification refers to information that would potentially cause “serious” damage to national security if it were made public.
Confidential
This is the lowest category of classified information currently in use. The unauthorized release of such material could be expected to cause some damage to national security.
The documents seized in the raid with color-coded borders indicating their classified status. Department of Justice via APSensitive compartmented information
Some of the documents seized in the raid were marked TS/SCI, which refers to top secret sensitive compartmented information.
This is not considered a separate classification level, but instead can refer to a single program or the way the information was collected, for example intercepted communications by intelligence sources.
Not everyone with top secret clearance can have access to TS/SCI documents.
In total, more than 100 documents with classification markings were uncovered in the boxloads of materials the FBI seized during the Aug. 8 raid — more than double the amount recovered during a June search of the property, federal prosecutors said.
Trump – and, or, members of his team – could potentially face obstruction of justice charges for allegedly concealing classified documents, experts and the DOJ’s filing suggests.
The filing alleges that government records were concealed and removed from a storage room at Trump’s Mar-a-Lago estate — and that the FBI were misled about the continued presence of classified materials there in the months before the Aug. 8 raid.
FBI agents and federal prosecutors had to get special clearance to view some of the documents kept at Mar-a-Lago. REUTERS/Marco Bello/File PhotoThe crime of obstruction is broad but one specific law — Section 1519 — relates to someone who “knowingly conceals any document with the intent to obstruct” a federal probe, Georgia State University legal expert Clark Cunningham told The Conversation Wednesday.
Section 1519 is referenced in the FBI’s search warrant and the heavily-redacted affidavit unsealed last week.
A conviction for obstruction of a federal investigation can bring up to 20 years in prison.
In addition to obstruction, the FBI’s search warrant was approved based on concerns there were violations of the Espionage Act and concealment of documents. Violations of the Espionage Act can result in up to 10 years in prison, while concealment of documents can bring up to three years in prison.
The DOJ hasn’t yet publicly disclosed who they believe is guilty of possible, if any, crimes – whether it’s Trump or members of his team.
Frederick Fleitz, who worked for the CIA for 19 years and as White House National Security Council chief of staff under Trump, slammed the photo included in the DOJ’s filing as a “PR stunt”, telling The Post there was no way to know whether the documents really are classified.
“When I’ve been in government, frequently we would use cover sheets that exceeded the classification of the document that it was attached to,” Fleitz said.
“Even if those are the actual classification of the document, we don’t know that they’re still classified. Sometimes documents — because of a change of events — they’re no longer sensitive.”
He added, “We don’t know what they are. I mean, are they phone lists? If documents are taken that are highly classified that have to be returned, that might be the case. But I don’t know that. I don’t know what these are.”
But Kel McClanahan, an attorney who reps clients embroiled in classified documents matters, said it may not even matter if the documents are classified or not because it could still count as “national defense information” — which is punishable under the Espionage Act.
“Everybody talks about him declassifying information. The Espionage Act does not deal with classified information. It deals with this thing called national defense information, which is not classified,” McClanahan said.
“(Trump) can declassify all he wants. It doesn’t change the fact that it’s NDI.”






