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Newly unsealed documents from the FBI raid on Mar-a-Lago put Trump in even worse legal peril, experts say

Trump courthouse
Trump supporters waved flags outside a legal hearing in West Palm Beach, Florida, on August 18, 2022, which considered the unsealing of documents from the FBI search of Mar-a-Lago.CHANDAN KHANNA/AFP via Getty Images
  • New legal documents were unsealed Thursday by a federal judge in the wake of the Mar-a-Lago raid.

  • They show new details about the possible crimes the FBI was investigating with the search.

  • They hinted at ways of prosecuting Trump that do not rest on whether documents he kept are classified.

Former President Donald Trump has offered a shifting array of defenses in response to the August 8 FBI search of his Mar-a-Lago resort in Florida, which uncovered a trove of secret documents.

Among them is the claim that he declassified all of the documents while in office under the president's sweeping powers over national secrets.

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But procedural documents unsealed Thursday by federal judge Bruce Reinhart, including the cover sheet of the warrant used in the search, revealed that this defense may not be as effective as Trump hoped, legal experts say.

One implication of the new information is that even if Trump is right about the documents being declassified, he still could have broken the law, Lawrence Tribe, a Harvard constitutional law scholar, tweeted.

Prior to Thursday, the only information about the laws agents believed Trump may have broken came from the warrant itself, which was unsealed last Friday.

It listed broad federal statutes Trump may have violated, including the Espionage Act. More specific information was found in Thursday's documents.

They showed that the FBI believes that Trump may be guilty of the willful retention of national defense information, concealment or removal of government records, and obstruction of federal investigation.

Bradley P. Moss, a national security attorney, told Insider that the new documents "clarify but ultimately do not change much" of what we previously knew.