Rosalind Evans
A high-ranking former White House official has confirmed in a special counsel probe that former President Donald Trump was aware of and often adhered to the appropriate procedures for declassifying documents while in office, according to a report by CNN.
The official, who provided counsel on declassification during the Obama and Trump administrations, is the only known witness to have been interviewed by both teams investigating the conduct of Trump and current President Joe Biden regarding classified materials.
This individual, who chose to remain anonymous, reported distinct differences in the lines of questioning between the two investigations. The Trump case was more concentrated on firsthand experiences with the former president, particularly conversations about correct declassification procedures, while the Biden investigation focused more on the logistics of moving boxes into Biden’s Delaware home as his vice-presidential tenure concluded.
During the interviews, this official stated that Trump was aware of and sometimes adhered to correct declassification procedures while in office, challenging claims that Trump had carte blanche to declassify anything he brought to his Mar-a-Lago residence.
The Department of Justice has recently indicated to Trump’s legal representatives that the former president is a target in the ongoing classified documents investigation, a potential sign of impending indictment.
The official shared details of their involvement with Trump and his senior advisors to properly declassify specific documents, including a 2018 congressional memo about the Russia investigation. After a meeting with Trump, then-National Security Council lawyer John Eisenberg tasked the official with utilizing their “declassification tools.”
The official further revealed the identities of former Trump officials who directly discussed declassification with the former president while in office. The list includes Eisenberg, former White House counsel Don McGahn, and former White House chief of staff John Kelly.
CNN had previously reported that the National Archives was readying to provide exceptional counsel Jack Smith with additional evidence demonstrating that Trump and his advisors were knowledgeable about proper declassification procedures during his presidency. Federal prosecutors have since obtained an audio recording of Trump admitting to retaining a classified Pentagon document on a potential attack on Iran.
Claims of a “standing order” by Trump to declassify any documents he took from the Oval Office have been denied by 18 of his former high-ranking officials, including Kelly. However, Trump, at a recent town hall, stated that such materials were “automatically declassified” upon removal.
Despite these claims, there is no proof that Trump followed the correct declassification protocol, and his legal team still needs to confirm whether Trump declassified the documents he retained.
The special counsel has received grand jury testimony from several former high-ranking Trump officials, detailing their conversations about the declassification process with Trump. Those testified include former chief of staff Mark Meadows, former national security adviser Robert O’Brien, and former acting Director of National Intelligence Richard Grenell.
Meanwhile, according to sources, the Biden probe continues under the oversight of special counsel Robert Hur, who is not currently using a grand jury. To date, Hur has contacted one witness, ex-Biden aide Kathy Chung, in contrast to Smith’s team, who has interviewed numerous witnesses and presented several before grand juries.
The investigation into handling classified documents by former Vice President Mike Pence concluded without the appointment of a special counsel.
These ongoing investigations into handling classified documents by Trump and Biden are a significant part of the scrutiny surrounding both presidencies. The testimony from the former White House official provides a new dimension to the narrative, suggesting that Trump was aware of, and at times followed, the proper declassification process during his presidency. The potential legal implications for Trump and how they may affect his political future remain to be seen.
