Defense & National Security — Classified docs seized from Trump home in January

by Jordan Williams - 08/23/22 6:12 PM ET

Documents related to the search warrant for former President Donald Trump’s Mar-a-Lago estate in Palm Beach, Fla., are photographed Thursday, Aug. 18, 2022. U.S. Magistrate Judge Bruce Reinhart agreed to make public documents, including the warrant’s cover sheet, the Justice Department’s motion to seal the documents and the judge’s order requiring them to be sealed. (AP Photo/Jon Elswick)

The National Archives released correspondence on Tuesday revealing that the Justice Department seized at least 700 pages of classified documents from former President Trump’s Florida home in January.

We’ll break down the correspondence. Plus, we’ll talk about the Department of Defense turning down a second request from D.C. Mayor Muriel Bowser to deploy the city’s National Guard to help with migrants being bussed into the city.

This is Defense & National Security, your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. For The Hill, I’m Jordan Williams. A friend forward this newsletter to you? Subscribe here.

DOJ seized 700 pages of classified docs from Trump

The Justice Department seized at least 700 pages of classified materials when it first recovered documents from former President Trump’s Florida home in January, according to a letter released by the National Archives on Tuesday.

An exchange between the custodians for presidential records and Trump’s attorneys, released after it was first obtained by a conservative news outlet, indicated the former president’s legal team spent months attempting to block the FBI and the intelligence community from reviewing the documents to assess the potential national security fallout.

What was in the exchange? The exchange revealed that among the materials were those at “the highest levels of classification, including Special Access Program (SAP) materials.”

The letter from the National Archives, sent in May, also reiterated a warning first relayed by the Justice Department a month before.

“Access to the materials is not only necessary for purposes of our ongoing criminal investigation, but the Executive Branch must also conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps,” Debra Steidel Wall, acting archivist of the United States, wrote in relaying a message from the Justice Department’s National Security Division.

Inside the boxes: The letter offers new insights into the volume of documents that may have been stored at Mar-a-Lago, illuminating what was among the 15 boxes taken by Archives earlier this year.

Authorities separately seized another 11 sets of classified documents during an August search of Trump’s home.

The New York Times reported Monday that the government has recovered at least 300 classified documents from Mar-a-Lago since Trump left office.

Why this matters: Wall’s correspondence came at a key time in the government’s battle to get the documents. The day after the May 10 letter informed the Trump legal team they’d be turning over the documents to the FBI, the Justice Department issued a subpoena seeking remaining classified materials stored at Mar-a-Lago.

The letter is also a wholesale rejection of any executive privilege claims from Trump.

Second DC bid for help with migrants rejected

The Department of Defense on Monday denied a second request from Mayor Muriel Bowser (D) to deploy the D.C. National Guard and use the D.C. Armory to help with migrants being bused into the city from Texas and Arizona.

In a letter reviewed by The Hill, Pentagon Executive Secretary Kelly Bulliner Holly said deploying the Guard would be “inappropriate to the task, regardless of the duration or number of personnel involved.”

The Pentagon’s logic: In turning down the request again, Holly reaffirmed the agency’s concerns about how deploying Guard troops would impact its readiness and reiterated that nongovernmental organizations were assisting with migrants. In the event that local organizations can’t meet requirements, Holly said D.C. could apply directly to the Federal Emergency Management Agency for emergency funding.

As for use of the D.C. Armory, Holly said its design and suitability “rules it out as an option,” as it is not air conditioned and has to undergo “substantial remediation” for a number of issues.

The back and forth: The D.C. mayor initially asked for help in July as Texas Gov. Greg Abbott (R) and Arizona Gov. Doug Ducey (R) bussed thousands of migrants into the city to protest President Biden’s border policies.

The Pentagon initially turned down Bowser’s request to deploy Guard troops earlier in August, citing concerns that doing so would negatively impact the Guard’s readiness.

Bowser later renewed her request for the National Guard and Armory on Aug. 11, saying that the Guard would work with the D.C. government to help establish and manage “respite sites,” which would support migrants as they travel to their final destination, outside of the District.

The mayor also said that assistance would begin on Monday and be reevaluated in December.

The mayor’s response: In response to the denial, Bowser said on Twitter that the city will “move forward with our planning to ensure that when people are coming through DC on their way to their final destination that we have a humane setting for them.”

Bowser said the city would “continue working with federal partners and local NGOs on the best way to set up systems that allow us to manage an ongoing humanitarian crisis.”

“As we do that, we remain focused on working with District agencies and local providers to ensure our local systems can continue to function and that we can continue to meet the very real and significant needs of D.C. residents,” she added.

Read the story here.

1 in 3 veterans say they’ve been arrested

About one-third of veterans have reported being arrested at least once in their lives, according to a criminal justice think tank.

The Council on Criminal Justice said in a release Tuesday that the most recent national survey revealed that 180,000 veterans were in U.S. prisons and jails. Data showed a significant disparity between the percentage of veterans and nonveterans who have been arrested in their lifetimes, with fewer than one-fifth of nonveterans reporting ever having been arrested.

What contributes to the problem? The think tank stated that combat-related risk factors, inconsistent diversion mechanisms and ineffective procedures to identify veterans upon arrest contribute to the incarceration of former service members.

Veterans who did not receive an honorable discharge may be prevented from receiving benefits like access to mental health care and substance abuse treatment, and are more likely to have interactions with the criminal justice system.

The Council on Criminal Justice release noted that many veterans do not receive the care and support they need to address their circumstances after they leave the system, reducing the chances of successfully reentering society.

What comes next? The council announced Tuesday that it is forming a national commission to investigate incarcerated veterans and create recommendations for policy changes that promote safety, health and justice.

The commission will conduct research and gather testimony to evaluate the extent of veterans’ involvement in the criminal justice system, risk factors and what strategies could prevent veterans from becoming involved in the system.

Read the full story here.

ON TAP FOR TOMORROW

The Potomac Officers’ Club will host the “7th Annual Army Summit” at 7 a.m.
The Cybersecurity & Infrastructure Security Agency will continue the 2022 Chemical Security Summit at 8 a.m.
The National Defense Industrial Association will host the “NDIA International Division Attaché Roundtable Series” at 10 a.m.
The Wilson Center will host a discussion on “Ripples of War: Six Months Since Russia’s Invasion into Ukraine” at 10 a.m.
The Mitchell Institute for Aerospace Studies will host the “Nuclear Deterrence and Missile Defense Forum with RADM Scott W. Pappano” at 10 a.m.
The Center for Strategic & International Studies will hold a discussion on “The Future of Army Vertical Lift” at 1 p.m.
The Atlantic Council will host a discussion on “State of the Space Industrial Base 2022: Advancing prosperity, sustainability, and US leadership in outer space” at 2 p.m.