>>> FORMER PRESINT TRUMP AND HIS ALLIES ARE GIVING --
EVOLVING AND SOMETIM CONFLICTING DEFENSES ABOUT THE
FBI SEARCH AT MAR-A-LAGO. WHAT'S THE TRUTH?
HERE NOW, CNN FACT-CHECKER, DANIEL DALE.
GREAT TO HAVE YOU HERE. LET'S JUST START WITH ONE OF THE
THINGS TRUMP HIMSELF SAID. HE SAID ESSENTIALLY BARACK OBAMA
DID THE SAME THING. HE SAID, QUOTE, PRESIDENT BARACK
OBAMA KEPT 33 MILLION PAGES OF DOCUMENTS.
HOW MANY OF THEM CLASSIFIED. HOW MANY OF THEM PERTAINED TO
NUCLEAR. WORD IS, LOTS.
WHAT'S THE TRUTH HERE, DANIEL? >> THERE'S NO TRUTH TO THAT.
YOU DON'T HAVE TO TAKE MY WORD FOR IT BECAUSE THE NATIONAL
ARCHIVES AND RECORDS ADMINISTRATION ISSUED A
STATEMENT TOTALLY DE BUNKING THIS.
THEY SAID THE NATIONAL ARCHIVES RECORDS ADMINISTRATION MAINTAIN
EXCLUSIVE LEGAL AND PHYSICAL CUSTODY OF THE OBAMA ERA
DOCUMENTS. THEY WERE THE ONES WHO TOOK 31
MILLION DOCUMENTS TO THE CHICAGO AREA, TO THEIR OWN FACILITY.
NOT OBAMA'S HOUSE. AND THEY MADE CLEAR THAT THE
CLASSIFIED DOCUMENTS WERE SENT TO ANOTHER FACILITY.
SO, BASICALLY, NOTHING TRUMP SAID IN THAT TRUTH SOCIAL POST
WAS FACTUALLY ACCURATE. >> AND TRUMP IS ALSO SAYING THEY
COULD HAVE HAD THESE DOCUMENTS, ALL THEY HAD TO DO WAS ASK.
DID THEY ASK? >> NOT ONLY DID THE DEPARTMENT
OF JUSTICE ASK, BUT THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION HAD BEEN ASKING FOR MONTHS BEFORE THAT.
IT'S NOT LIKE THE DOJ, FBI JUST SHOWED UP WITH A SEARCH WARRANT.
THIS ISSUE DATES BACK TO 2021. IT'S BEEN AN ONGOING SAGA WITH A
LOT OF COMMUNICATION BACK AND FORTH.
THE DOJ ALSO SHOWED UP WITH A GRAND JURY SUBPOENA IN JUNE
AFTER WHICH TRUMP LAWYER SIGNED A DOCUMENT CLAIMING THAT THERE
WERE NO MORE CLASSIFIED DOCUMENTS AT MAR-A-LAGO.
ACCORDING TO DOJ AND THE FBI, THAT WAS NOT TRUE.
>> THERE ARE SOME WITHIN TRUMP WORLD TRYING TO SHIFT BLAME TO
THE GSA, GENERAL SERVICES ADMINISTRATION.
WHAT ABOUT THAT, DANIEL? >> IT'S HARD TO KNOW WHAT
HAPPENED BEHIND THE SCENES. THE CLAIM IS THAT THE GSA PUT
SOME WRONG STUFF IN BOXES BY MISTAKE.
IT'S THEIR FAULT. I DON'T KNOW WHO PUT WHAT IN
BOXES BUT THE GSA ISSUED A STATEMENT SAYING WE CONTRACT TO
WRAP UP THE THINGS THAT THE PRESIDENT SAYS ARE NECESSARY TO
WIND DOWN HIS OFFICE, BUT IT IS THE SOLE RESPONSIBILITY OF THE
PRESIDENT AND HIS STAFF AS TO DECIDING WHAT ACTUALLY GOES IN
THOSE BOXES. IT'S NOT US THAT MAKES A
DECISION ABOUT WHAT TO PACK UP AND WHAT NOT TO.
>> LASTLY, WHAT ABOUT THIS CLAIM BY DONALD TRUMP THIS ALL THE
WHITE HOUSE DOCUMENTS HE BROUGHT WITH HIM TO MAR-A-LAGO HAVE BEEN
DECLASSIFIED? >> YOU'VE BEEN TALKING ABOUT
THIS EARLIER ON THE SHOW. I'D SAY A FEW THINGS.
NUMBER ONE, TRUMP AND HIS TEAM PRESENTED NO EVIDENCE THERE WAS
ACTUALLY SOME SORT OF DECLASSIFICATION ORDER.
I CAN TELL YOU MULTIPLE FORMER ADMINISTRATION OFFICIALS,
INCLUDING FORMER NATIONAL SECURITY ADVISER JOHN BOLTON,
SAID THEY NEVER HEARD ANYTHING LIKE THAT.
NUMBER TWO AS A PREVIOUS GUEST DISCUSSED, IT'S UNCLEAR WHETHER
SUCH A BROAD ORDER LIKE EVERYTHING I TAKE HOME WOULD BE
DECLASSIFIED WOULD BE CONSIDERED LEGITIMATE BY THE COURTS OR
OTHER GOVERNMENT AUTHORITIES. I THINK THERE'S ANOTHER
IMPORTANT POINT. THAT IS THE THREE STATUTES, THE
THREE LAWS MENTIONED IN THAT SEARCH WARRANT, DO NOT HINGE ON
WHETHER THE DOCUMENTS SOMEONE POSSESSESINGS ALLEGEDLY
IMPROPERLY, WERE ACTUALLY CLASSIFIED.
THIS ISSUE OF CLASSIFICATION IS IMPORTANT FOR VARIOUS REASONS
BUT IT MAY NOT BE THE DECIDING FACTOR IN TERMS OF WHETHER, SAY,
FORMER PRESIDENT TRUMP GETS CHARGED WITH SOMETHING.
>> SUPER HELPFUL. THANK YOU FOR JOINING US.
THIS MORNING. INTO THE RECEIPTS WHAT EXACTLY DO WE KNOW FROM THE
DOCUMENTS WE HAVE NOW SEEN? HERE NOW CNN SENIOR LEGAL
ANALYST AND FORMER FEDERAL PROSECUTOR ELIE HONIG.
GREAT TO SEE YOU. WHAT DO WE KNOW ABOUT WHAT THE
FBI SEARCH FOUND? >> IT'S ONLY SEVEN PAGES LONG.
AS WE DISCUSSED LAST WEEK, IT CERTAINLY DOESN'T ANSWER OUR
QUESTIONS BUT IT GIVES US CRUCIAL INSIGHTS INTO THE
MAR-A-LAGO SEARCH. WHENEVER YOU DO A SEARCH AS A
PROSECUTOR, YOU HAVE TO TELL THE JUDGE WHERE YOU'RE GOING TO
SEARCH. THEY DID NOT IN THIS CASE SAY WE
WANT TO LOOK AT ALL MAR-A-LAGO. THEY FOCUSED ON THE OFFICE OF
THE DONALD TRUMP, THE 45th PRESIDENT AND THE WORKING AREAS
TRUMP HAD ACCESS TO. NOW, THEY DO NOT SPECIFY THE
SAFE DONALD TRUMP SAYS WAS OPENED UP.
BUT IT DOESN'T MATTER BECAUSE THE SAFE, AS LONG AS IT'S IN ONE
OF THESE AREAS, THAT'S FAIR PLAY.
THERE'S NOTHING SPECIAL LEGALLY ABOUT A SAFE.
IT'S A LOCKED CABINET. YOU CAN'T KEEP THINGS FROM THE
FBI BY PUTTING IT BEHIND A LOCK. WE ALSO HAVE A BETTER SENSE OF
WHAT ITEMS THE FBI TOOK OUT OF MAR-A-LAGO BECAUSE WE'VE SEEN
THIS RECEIPT FOR PROPERTY, WHICH IS JUST THAT.
THERE ARE ABOUT 33 ITEMS AND SUBITEMS LAID OUT IN GENERAL.
A LOT OF THEM JUST SAY GENERICALLY BOX.
BOX LABELED THIS OR THAT. DOC
BOX OF DOCUMENTS. THIS IS NOT THE FBI TRYING TO BE
OPAQUE OR HIDE ANYTHING. THEY MAKE THIS LIST ON THE SPOT.
THEY HAVEN'T HAD A CHANCE TO GO THROUGH IT.
THE MOST IMPORTANT THING IN THIS SET OF BOXES IS SOME INCLUDED
CLASSIFIED, TSI DOCUMENTS. TOP SECRET SCI, SECURE
COMPARTMENTED DOCUMENTS. THEY FOUND DOCUMENTS MARKED THAT
IN MAR-A-LAGO. KEEP THAT IN MIND WHEN WE HEAR
OF THE NEW LETTER. FINALLY, WE DO KNOW A LAWYER FOR
DONALD TRUMP, CHRISTINA BOBB WAS AT MAR-A-LAGO AND RECEIVED THIS
DOCUMENT BECAUSE SHE SIGNED IT 6:19 P.M.
SHE WAS THERE FOR THE SEARCH, ON THE DAY OF THE SEARCH, AND THEY
GAVE HER THIS RECEIPT. WHAT'S NOT SEEN?
>> THE MAIN THING NOT SEEN IN THE BOXES IS THE AFFIDAVIT WHERE
THE DOJ LAYS OUT THE NARRATIVE OF PROBABLE CAUSE APPROVED BY A
FEDERAL MAGISTRATE. DONALD TRUMP DOES NOT HAVE THAT,
ONLY THE PROSECUTORS AND THE COURT HAS IT UNDER SEAL.
>> YOU TALK ABOUT THE LAWS THAT DOJ SAID THEY HAD PROBABLE CAUSE
TO THINK MIGHT HAVE BEEN BROKEN. >> YEAH, A COUPLE OF REALLY
IMPORTANT QUALIFICATIONS BEFORE WE GET INTO THIS.
THIS IS PROBABLE CAUSE, A LOWER STANDARD THAN BEYOND A
REASONABLE DOUBT WHICH YOU WOULD NEED TO CHARGE AND CONVICT
SOMEBODY. THESE CRIMES ARE NOT ALLEGED AS
TO ANY PARTICULAR PERSON. THE DOJ HAS NOT ALLEGED DONALD J
TRUMP COMMITTED THESE CRIMES, JUST THAT THESE CRIMES WERE
COMMITTED. THE HERE ARE THE STATUTES.
SECTION 793, THE THING DRAWN SO MUCH ATTENTION IS IT IS PART OF
THE ESPIONAGE ACT. IT IS.
THAT'S A BIG WORD. IT MAKES PEOPLE THINK OF
CINEMATIC MOVIE CRAFT, JAMES BOND OR JASON BOURN.
THIS SPECIFIC STATUTE APPLIES TO THE MISHANDLING OF DEFENSE
INFORMATION. KNOWING OR BELIEVING IT COULD
HARM NATIONAL SECURITY. IT'S NOT CLOAK AND DAGGER BUT
IMPORTANT FOR NATIONAL SECURITY. THE SECOND ONE IS DESTRUCTION OR
CONCEALMENT OF FEDERAL GOVERNMENT DOCUMENTS.
ON THE FACE OF IT SAYS A PERSON CONVICTED COULD BE BARRED FROM
HOLDING PUBLIC OFFICE. WE DON'T KNOW IF THAT'S
CONSTITUTION. .
FINALLY OBSTRUCTION, WILLFULLY TAMPERING WITH DOCUMENTS OR
KEEPING THEM AWAY FROM INVESTIGATORS.
ALL THREE OF THESE, NONE HAVE ANYTHING TO DO WITH WHETHER
DOCUMENTS WERE CLASSIFIED OR DECLASSIFIED.
>> WHAT'S NEXT? >> COULD BE NOTHING.
TECHNICALLY WE WON'T SEE ANY FURTHER ACTION ON THIS CASE ON
THE LEGAL DOCKET UNLESS AND UNTIL DOJ BRINGS CRIMINAL
CHARGES AGAINST ANY PERSON. IF THEY DO THAT, THEN THIS
AFFIDAVIT, THE BIG DOCUMENT WILL GO TO THAT PERSON SO THEY CAN
CHALLENGE THE SEARCH. IF NOT, WE MAY NOT LEARN A WHOLE
LOT THROUGH THE FORMAL LEGAL CHANNELS.
>> I HAVE TO LET YOU GO. SOME MEMBERS OF CONGRESS CALLING
TO SEE SOME OF THESE DOCUMENTS THAT DOJ -- HAVE YOU EVER HEARD
OF INVESTIGATORS SHOWING DOCUMENTS TO POLITICIANS IN THE
MIDDLE OF AN INVESTIGATION? >> I HAVE NEVER HEARD OF THAT
AND AS A PROSECUTOR I WOULD HAVE FOUGHT THAT TO MY LAST BREATH.
IT'S DISASTROUS TO A CRIMINAL INVESTIGATION TO OPEN IT UP TO CONGRESS