108-640: Florida Politics is a news site for politics in the state of Florida. It is operated by Peter Schorsch, who opened the site in 2013 and employs 17 freelance journalists. The site broke the news of the FBI search of Mar-a-Lago . Pete Schorsch and his critics have described the site as operating a form of pay to play , giving favorable coverage in exchange for advertising dollars. Schorsch has called it "combination journalism". It also received money from Florida Power & Light via their lobbying firm, Matrix LLC. FBI search of Mar-a-Lago On August 8, 2022,
216-550: A "dress rehearsal". On May 11, the DOJ subpoenaed Trump for "any and all documents or writings in the custody or control of Donald J. Trump and/or the Office of Donald J. Trump bearing classification markings". Corcoran met with Trump at Mar-a-Lago and began taking detailed notes (including voice memos) of several weeks of conversations in which he explained to Trump that he would indeed have to turn over all such documents or else risk
324-425: A 20-year-employee of Mar-a-Lago who ran the car service, for an Escalade so he could help load Trump's luggage onto a plane as Trump and his family departed for New Jersey. Butler lent him the car. Nauta and de Oliveira loaded boxes onto the plane. Butler assisted them, as handling Trump's luggage was normally part of his job; he did not know the boxes contained anything unusual. Later that day, investigators from
432-518: A check to presidential military power through its control over military spending and regulation. Presidents have historically initiated the process for going to war, but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt 's military move into Panama in 1903, the Korean War , the Vietnam War , and
540-481: A constitutional amendment could give the president line-item veto power. When a bill is presented for signature, the president may also issue a signing statement with expressions of their opinion on the constitutionality of a bill's provisions. The president may even declare them unenforceable but the Supreme Court has yet to address this issue. Congress may override vetoes with a two-thirds vote in both
648-685: A criminal referral to the Department of Justice (DOJ). Tom Fitton , president of activist group Judicial Watch , advised Trump in February 2022 not to give any more records to NARA. As justification, Fitton cited a 2012 case in which a federal judge said that NARA had no authority to designate materials as "presidential records" nor did it have the right to seize materials. That case concerned audio tapes of historian Taylor Branch privately interviewing his friend, Bill Clinton , during Clinton's presidency. Though NARA had previously said
756-502: A disgruntled office seeker, Congress instituted a merit-based civil service in which positions are filled on a nonpartisan basis. The Office of Personnel Management now oversees the staffing of 2.8 million federal jobs in the federal bureaucracy . In 2020, the Trump administration attempted to partially override this change via Executive Order, creating the job classification of Schedule F appointments . The Biden administration removed
864-459: A few days after the search, showed that the FBI obtained the search warrant as part of an investigation into Trump relating to three federal criminal statutes: Later, courts released the affidavit with redactions, giving the public a window into the FBI's goals in this search and what the FBI seized. In 2021, NARA tried to recover material, and Trump went through the material in his possession at
972-509: A formal petition. The petition shall be addressed to the president of the United States and shall be submitted to the pardon attorney, Department of Justice, Washington, D.C. 20530, except for petitions relating to military offenses. A person accepting the pardon through execution of a formal petition must, however, acknowledge that the crime did take place. The president can only grant pardons for federal offenses. The president maintains
1080-537: A former Trump administration official, and journalist John Solomon as "representatives for access to Presidential records of my administration." On June 22, the DOJ emailed a draft of the grand jury's subpoena to one of Trump's attorneys. It asked the Trump Organization for surveillance footage of the Mar-a-Lago storage room. On June 23, Trump called de Oliveira. The following day, the FBI served
1188-602: A former lawyer in Trump's White House counsel's office to send them the Kim letters via FedEx . On June 24, boxes in the Mar-a-Lago Lake Room were moved to the storage room. On November 21, 2021, a White House employee flew to Mar-a-Lago and advised Trump: "Whatever you have, give everything back. Let them come here and get everything. Don't give them a noble reason to indict you, because they will." In an FBI interview
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#17327880009731296-636: A general warrant permitting search and seizure of persons and property; suspend production of the Federal Register ; and censor news reports. The Brennan Center found that 56 PEADs were in effect as of 2018. Executive privilege gives the president the ability to withhold information from the public, Congress, and the courts in national security and diplomatic affairs. George Washington first claimed privilege when Congress requested to see Chief Justice John Jay 's notes from an unpopular treaty negotiation with Great Britain. While not enshrined in
1404-402: A half-hour in the storage room and removed one box, according to the grand jury's allegations. Over the following days, at Trump's direction, Nauta removed about 64 boxes from the storage room and brought them to Trump's residence: three boxes on May 24, about 50 on May 30, and about 11 on June 1. When questioned by the FBI, at first Nauta denied any knowledge of the classified documents, but in
1512-467: A major stumbling block for presidents who wish to shape the federal judiciary in a particular ideological stance. As head of the executive branch , the president appoints the top officials for nearly all federal agencies. These positions are listed in the Plum Book which outlines more than 7,000 appointive positions in the government. Many of these appointments are made by the president. The president
1620-488: A new version of the indictment (superseding the old) added three counts against Trump. The Presidential Records Act ( 44 U.S.C. ch. 22 ) establishes that presidential records belong to the United States and must be surrendered to the Archivist of the United States at the end of a president's term of office (or second term of office, if consecutive). Unauthorized removal and retention of classified information of
1728-415: A president can heavily influence and redirect the nation's political agenda and reshape its public policies. As early as 1999, Terry M. Moe and William G. Howell suggested that presidential capacity to pursue objectives unilaterally, rather than through Congress, "virtually defines what is distinctively modern about the modern American presidency." This shift can be linked to other changes, in particular
1836-538: A prolific source of legislative proposals. The communication is usually in the form of a message or letter from a member of the president's Cabinet, the head of an independent agency, or the president himself, transmitting a draft of a proposed bill to the speaker of the House of Representatives and the president of the Senate. The president may personally propose legislation in annual and special messages to Congress including
1944-493: A search warrant against Trump because, while he had turned over some classified documents to federal authorities, agents suspected he was unlawfully withholding other classified information. The warrant was obtained by the Justice Department's National Security Division at the request of NARA to collect material that Trump had potentially not turned over to NARA. The New York Times reported: "Two people briefed on
2052-429: A second interview he admitted his and Trump's involvement. Photos of him moving boxes on June 1 have since been made public. On June 2, Corcoran was scheduled to arrive in the afternoon to review the boxes in the storage room. At midday, before Corcoran's arrival, Mar-a-Lago maintenance chief Carlos de Oliveira together with Nauta moved about 30 boxes into the storage room, as shown on security footage. Corcoran
2160-414: A year later, this person said they had believed that Trump would return the boxes to NARA. NARA and Trump's lawyers continued to negotiate. Between November 2021 and January 2022, Trump allegedly had his employees bring boxes out of the storage room and into his residence so he could review their contents. Trump did not request that they retrieve any specific boxes, nor any specific number of boxes, per
2268-748: Is also free to appoint a new agency head of ten agencies. For example, it is not unusual for the CIA 's director or NASA 's administrator to be changed by the president. Other agencies that deal with federal regulation such as the Federal Reserve Board or the Securities and Exchange Commission have set terms that will often outlast presidential terms. For example, governors of the Federal Reserve serve for fourteen years to ensure agency independence. The president also appoints members to
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#17327880009732376-539: Is consensus that a sitting president has broad Constitutional powers to classify (and declassify) information. However, there are procedures for doing so. Following former President Trump's claims that the documents found at Mar-a-Lago had been declassified, the Congressional Research Service issued a policy paper in August 2022 highlighting relevant regulations: per 32 CFR 2001.25 ,
2484-567: Is consensus that the framers of the Constitution intended Congress to declare war and the president to direct the war; Alexander Hamilton said that the president, although lacking the power to declare war, would have "the direction of war when authorized or begun", further explaining in Federalist No. 69 that "The President is to be commander-in-chief of the army and navy of the United States. ... It would amount to nothing more than
2592-556: Is if the president invokes the Insurrection Act of 1807 to quell civil turmoils, rebellions and insurrections. The president can – with certain limitations – call into federal service all or individual units of the National Guards and naval militias of the states to either supplement regular forces, assist state governments in the case of rebellion or insurrection, or to enforce federal law when such enforcement
2700-544: Is impracticable by normal means. Additionally, the president also maintains direct control over the District of Columbia National Guard . As opposed to military forces, militia units can operate on American soil. In times of war or national emergency, the Congress may grant the president broader powers to manage the national economy and protect the security of the United States, but these powers were not expressly granted by
2808-595: Is the federal official that is primarily responsible for the relations of the United States with foreign nations. The president appoints ambassadors, ministers, and consuls (subject to confirmation by the Senate) and receives foreign ambassadors and other public officials. With the secretary of state , the president manages all official contacts with foreign governments. On occasion, the president may personally participate in summit conferences where heads of state meet for direct consultation. For example, President Wilson led
2916-612: The Federal Bureau of Investigation (FBI) executed a search warrant at Mar-a-Lago , the residence of former U.S. president Donald Trump in Palm Beach, Florida . The search warrant application was authorized by U.S. Attorney General Merrick Garland and approved by Magistrate Judge Bruce Reinhart, following a criminal referral by the National Archives and Records Administration (NARA). The order, unsealed
3024-501: The Federal Sentencing Guidelines are considered too severe. This power can check the legislative and judicial branches by altering punishment for crimes. Presidents can issue blanket amnesty to forgive entire groups of people. For example, President Jimmy Carter granted amnesty to Vietnam draft dodgers who had fled to Canada . Presidents can also issue temporary suspensions of prosecution or punishment in
3132-513: The House and the Senate . The process has traditionally been difficult and relatively rare. The threat of a presidential veto has usually provided sufficient pressure for Congress to modify a bill so the president would be willing to sign it. Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch. In modern times, the " executive communication " has become
3240-537: The Office of the Pardon Attorney in the U.S. Department of Justice to review all requests for pardons. The president can also commute a sentence which, in effect, changes the punishment to time served. While the guilty party may be released from custody or not have to serve out a prison term, all other punishments still apply. Most pardons are issued as oversight of the judicial branch, especially in cases where
3348-540: The Plame affair , Libby was ultimately not charged for releasing classified information. Steven Aftergood , a critic of U.S. government secrecy policy, said the case "highlights the fact that the president purports to, or does, stand outside of the classification system". Federal regulations require that "any person who has knowledge that classified information has been or may have been lost, possibly compromised or disclosed to an unauthorized person(s) shall immediately report
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3456-638: The Presentment Clause . The power was available to all presidents and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to large-scale power exercises by President Nixon. The act also created the Congressional Budget Office as a legislative counterpoint to the Office of Management and Budget. Executive orders are subject to judicial review and interpretation . Nonetheless, acting independently,
3564-553: The Vietnam War , which some historians have sharply criticized. The Iraqi invasion of Kuwait in 1990 and the ensuing Gulf War in 1991 saw George H. W. Bush assemble and lead one of the largest military coalitions of nations in modern times. Confronting a major constitutional issue of murky legislation that left the wars in Korea and Vietnam without official declarations of war, Congress quickly authorized sweeping war-making powers for Bush. The leadership of George W. Bush during
3672-686: The War in Afghanistan and Iraq War achieved mixed results. In the aftermath of the September 11 attacks by al-Qaeda , the subsequent War on Terror that followed, and the 2003 invasion of Iraq due to Iraq's alleged sponsorship of terrorism and possession of weapons of mass destruction, the speed at which the Taliban and Ba'ath Party governments in both Kabul and Baghdad were toppled by an overwhelming superiority of American and allied forces defied
3780-636: The White House Office . The 2011 report listed 454 employees. Article II of the United States Constitution gives the president the power of clemency . The two most commonly used clemency powers are those of pardon and commutation . A pardon is an official forgiveness for an acknowledged crime. Once a pardon is issued, all punishment for the crime is waived. A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute
3888-592: The deployment of troops , unilaterally launch nuclear weapons , and form military policy with the Department of Defense and Homeland Security . However, the constitutional ability to declare war is vested only in Congress. Article II of the U.S. Constitution expressly designates the president as: Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into
3996-553: The president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress , implied powers , and also a great deal of soft power that is attached to the presidency. The Constitution explicitly assigns the president the power to sign or veto legislation , command the armed forces , ask for the written opinion of their Cabinet , convene or adjourn Congress , grant reprieves and pardons , and receive ambassadors. The president shall take care that
4104-423: The 15 boxes, Trump dictated a statement that "everything" requested by NARA had been returned, and he told Cannon to send a similar statement to NARA. Cannon declined because he was not sure it was true, and a different statement was released three days later, saying that "[t]he papers were given easily and without conflict and on a very friendly basis". On February 7, 2022, NARA put out a news release acknowledging
4212-523: The 1949 amendments to the same act, created the Department of Defense and the services (Army, Navy, Marine Corps and Air Force) became subject to the "authority, direction and control" of the secretary of defense . The present-day operational command of the Armed Forces is delegated from the president to the Department of Defense and is normally exercised through its secretary. The chairman of
4320-577: The American delegation to the Paris Peace Conference in 1919 after World War I ; President Franklin D. Roosevelt met with Allied leaders during World War II ; and every president sits down with world leaders to discuss economic and political issues and to reach agreements. Through the Department of State and the Department of Defense , the president is responsible for the protection of Americans abroad and of foreign nationals in
4428-436: The August search of Mar-a-Lago. Months later, at least two more documents with classified markings were uncovered at Trump locations. On June 8, 2023, Trump was indicted on federal charges related to the documents. On June 13, 2023, Trump surrendered to federal custody and was arrested, booked, processed, and arraigned in the U.S. District Court of South Florida. Trump pleaded not guilty to all 37 charges. On July 27,
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4536-491: The Commander in Chief". Harry S. Truman believed in a high amount of civilian leadership of the military, making many tactical and policy decisions based on the recommendations of his advisors—including the decision to use atomic weapons on Japan , to commit American forces in the Korean War , and to terminate Douglas MacArthur from his command. Lyndon B. Johnson kept a very tight personal control of operations during
4644-585: The Constitution, Washington's action created the precedent for privilege. When Richard Nixon tried to use executive privilege as a reason for not turning over subpoenaed audio tapes to a special prosecutor in the Watergate scandal, the Supreme Court ruled in United States v. Nixon that privilege was not absolute. The Court reasoned that the judiciary's interest in the "fair administration of criminal justice" outweighed President Nixon's interest in keeping
4752-502: The Constitution. Within the executive branch itself, the president has broad powers to manage national affairs and the priorities of the government. The president can unilaterally issue a variety of rules, regulations, and instructions, whose impact and visibility vary widely. Memoranda and other informal orders may not be published. National security directives may be classified. Public proclamations and international agreements are more easily tracked, as are executive orders , which have
4860-472: The DOJ and the FBI came to Mar-a-Lago to retrieve the subpoenaed material. They met with Trump's attorneys, one of whom gave the agents 38 classified documents with HCS, SI and FISA markings in "a single Redweld envelope, double-wrapped in tape". Trump's custodian of records, Christina Bobb , gave the DOJ a signed declaration that had been drafted by Corcoran, attesting that all classified material had been returned (though Trump's team may have been aware this
4968-508: The FBI agents "carried out the search in a relatively low-key manner" and intentionally did not wear the usual navy-blue agency jackets. FBI agents searched a storage unit in the basement, where they broke through the newly installed padlock. They further searched what was called Trump's "45 Office," where they opened a "hotel-style" safe containing "nothing of consequence", and finally Trump's residence. Classified documents were also recovered from unsecured locations, and were found outside of
5076-459: The FBI search from New York remotely via a live video feed transmitted from Mar-a-Lago's system of security cameras. Trump and his attorneys refused the FBI's requests to turn off the cameras. Eric Trump later said that his family would release the footage "at the right time". FBI agents conducted the search using " taint teams " to ensure that no privileged correspondence between Trump and his lawyers were removed. The New York Times reported
5184-581: The FBI searching Mar-a-Lago. Trump's advisers also repeatedly urged him to fully comply, and Trump eventually told them he had done so and did not want to discuss it further. On May 12, the DOJ issued a grand jury subpoena to the National Archives for the classified documents they had provided to the House select committee investigating the January 6 United States Capitol attack . On May 22, Walt Nauta , Trump's personal assistant , spent
5292-461: The FBI was investigating Trump for suspected violations of three Title 18 federal laws – Section 793 (a part of the Espionage Act of 1917 ); Section 1519 (part of the fiscal oversight Sarbanes–Oxley Act ); and Section 2071. Trump had not been charged with any crime. If charged and convicted under the third law, Trump would be "disqualified from holding any office under
5400-598: The Framers implied these powers because the structural design of the Executive Branch enables it to act faster than the Legislative Branch. Because the Constitution remains silent on the issue, the courts cannot grant the Executive Branch these powers when it tries to wield them. The courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to
5508-507: The Joint Chiefs of Staff and the combatant commands assist with operations as outlined in the presidentially-approved Unified Command Plan (UCP). The exact degree of authority that the Constitution grants to the president as commander-in-chief has been the subject of much debate throughout American history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority. There
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#17327880009735616-561: The Lake Room. In February 2021, the National Archives and Records Administration (NARA), the federal agency that preserves government records, asked Trump to return presidential documents. By May 2021, NARA realized they were missing the correspondence sent from North Korean dictator Kim Jong-un to Trump. They also knew they were missing other presidential documents like the altered Hurricane Dorian map . NARA contacted Trump's representatives. On May 6, NARA emailed Trump's lawyers with
5724-513: The Secret Service of the search a few hours in advance. The Secret Service facilitated the FBI's access to Mar-a-Lago, but did not participate in the search. Trump's son, Eric , said on Fox News that he received a call about the search and informed his father shortly thereafter. Two of Trump's lawyers, Christina Bobb and Lindsey Halligan , were present for the search but were not allowed inside. Trump and his family watched most of
5832-581: The United States diplomatic corps . Many, but not all, of these positions at the highest levels are appointed by the president with the advice and consent of the United States Senate . The president also nominates persons to fill federal judicial vacancies, including federal judges , such as members of the United States courts of appeals and the U.S. Supreme Court . These nominations require Senate confirmation, and this can provide
5940-570: The United States government is a criminal offense under U.S. federal law; it has been a felony since the enactment of the FISA Amendments Reauthorization Act of 2017 , which was signed into law by President Donald Trump in January 2018 and increased the maximum term of imprisonment for this offense from one year to five years. The search warrant and accompanying affidavit listed three federal criminal statutes as
6048-486: The United States". However, a number of legal scholars have questioned the constitutionality of that provision in the statute. Federal magistrate judge Bruce Reinhart of the U.S. District Court for the Southern District of Florida approved the warrant on August 5, 2022. Reinhart, who had previously been a federal prosecutor for a decade, was misidentified by some sources as being a Trump appointee, but
6156-478: The United States. The president decides whether to recognize new nations and new governments, and negotiate treaties with other nations, which become binding on the United States when approved by two-thirds of the Senate. The president may also negotiate executive agreements with foreign powers that are not subject to Senate confirmation. The Constitution does not expressly grant the president additional powers in times of national emergency. Some scholars think that
6264-550: The White House, he brought government documents with him. "From January through March 15, 2021," the grand jury alleged, "some of Trump's boxes were stored in The Mar-a-Lago Club's White and Gold Ballroom, in which events and gatherings took place. Trump's boxes were for a time stacked on the ballroom's stage". In March, they were moved to a "business center". In April, they were moved to a "bathroom and shower" in
6372-445: The White House. Of course the FBI had probable cause to go in looking for more". On August 8, 2022, at 8:39 am, FBI agents searched Trump's residence at Mar-a-Lago for the material specified in a warrant, including classified material. The material pertained to special access programs according to The New York Times and – according to The Washington Post – nuclear weapons . The FBI notified
6480-498: The acting Archivist of the United States , wrote to Trump's attorney Evan Corcoran to reiterate that Trump had taken hundreds of pages of classified materials with him, including highly classified Special access programs materials, and that their extended negotiations over alleged executive privilege was delaying investigations and threat assessments already underway. She said that based on legal counsel she had decided not to honor their request for further delays. An ally of Trump made
6588-511: The actual Service of the United States U.S. ranks have their roots in British military traditions, with the president possessing ultimate authority, but no rank, maintaining a civilian status. Before 1947, the president was the only common superior of the Army (under the secretary of war ) and the Navy and Marine Corps (under the secretary of the navy ). The National Security Act of 1947 , and
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#17327880009736696-451: The annual State of the Union address and joint sessions of Congress. If Congress has adjourned without acting on proposals, the president may call a special session of the Congress. Beyond these official powers, the U.S. president, as a leader of his political party and the United States government, holds great sway over public opinion whereby they may influence legislation. To improve
6804-407: The basis of the investigation: " 18 U.S.C. §§ 793 , 2071 , [and] 1519 ". The Sections cited are: Beginning in 1940, U.S. presidents have used the constitutional and statutory powers of the president of the United States to create classification systems through executive orders . The Code of Federal Regulations contains rules for classified material as 32 CFR 2001 . Generally,
6912-600: The bill to Congress with a veto message suggesting changes (unless Congress is out of session, in which case the president may rely on a pocket veto ). Presidents are required to approve all of a bill or none of it; selective vetoes have been prohibited. In 1996, Congress gave President Bill Clinton a line-item veto over parts of a bill that required spending federal funds. The Supreme Court , in Clinton v. New York City , found Clinton's veto of pork-barrel appropriations for New York City to be unconstitutional because only
7020-529: The binding force of law upon federal agencies but do not require approval of the United States Congress. Early examples of unilateral directives to enact politically controversial policies include George Washington 's Proclamation of Neutrality (1793), Andrew Jackson 's Nullification Proclamation (1832), and Abraham Lincoln 's Emancipation Proclamation (1862). The Budget and Accounting Act of 1921 put additional responsibilities on
7128-459: The boards of directors for government-owned corporations , such as Amtrak . The president can also make a recess appointment if a position needs to be filled while Congress is not in session. In the past, presidents could appoint members of the United States civil service . This use of the spoils system allowed presidents to reward political supporters with jobs. Following the assassination of President James Garfield by Charles J. Guiteau ,
7236-508: The circumstances to an official designated for this purpose." Regulations also require notification of the Director of the ISOO if the specific classified information could attract "significant public attention", if the information in question is voluminous, or if a key vulnerability has been exposed. The Department of Justice is also to be consulted if criminality is suspected. When Trump left
7344-483: The classification prior to its full implementation. The president must also appoint his staff of aides, advisers, and assistants. These individuals are political appointments and are not subject to review by the Senate. All members of the staff serve "at the pleasure of the President". Since 1995, the president has been required to submit an annual report to Congress listing the name and salary of every employee of
7452-421: The classified documents that investigators believe remained at Mar-a-Lago indicated that they were so sensitive in nature, and related to national security, that the Justice Department had to act". However, Attorney General Merrick Garland had contemplated for weeks whether to approve the application for the search warrant, after many meetings between senior DOJ and FBI officials. The search warrant showed that
7560-454: The declassification process requires markings "uniformly and conspicuously applied to leave no doubt about the declassified status of the information and who authorized the declassification". In 2003, Scooter Libby , former chief of staff to Vice President Dick Cheney , claimed to have received a direct but unrecorded disclosure order from President George W. Bush and Cheney to leak classified information to reporters. In what became known as
7668-418: The documents surrendered at this time; a military document marked "TOP SECRET//NOFORN" was in Trump's possession until January 17, 2022, and Trump was eventually charged with possessing it. Trump attorney Alex Cannon helped to transfer these 15 boxes to NARA. The documents were stored in a sensitive compartmented information facility (SCIF) while DOJ officials considered how to proceed. After transferring
7776-669: The end of Trump's term. The boxes included documents from the CIA, the FBI, and the National Security Agency on a variety of topics of national security interest. Archivists and federal agents determined that 184 unique documents (totaling 700 pages) had classification markings, of which 25 documents were marked " top secret ", 92 " secret " and 67 " confidential ". This material included: The document about Iran that he showed off at Bedminster in July 2021 may have been among
7884-651: The end of that year. Surveillance footage subpoenaed by the Justice Department in June 2022 showed boxes were moved in and out of a storage room at some point. The Justice Department said the classified documents at Mar-a-Lago were likely "concealed and removed" to block investigation. Over 13,000 government documents were recovered. They included nuclear-related information and FBI, CIA , and NSA information about national security interests. Of these documents, 337 were classified: 197 handed over in January 2022, 38 turned over under subpoena in June 2022, and 102 seized in
7992-511: The evidence secret. Later President Bill Clinton lost in federal court when he tried to assert privilege in the Lewinsky affair . The Supreme Court affirmed this in Clinton v. Jones , which denied the use of privilege in cases of civil suits. Because of the vast array of presidential roles and responsibilities, coupled with a conspicuous presence on the national and international scene, political analysts have tended to place great emphasis on
8100-399: The form of respites . This power is most commonly used to delay federal sentences of execution. Pardons can be controversial when they appear to be politically motivated. President George W. Bush commuted the sentence of White House staffer Lewis "Scooter" Libby and President Donald Trump commuted the sentence of and later pardoned Roger Stone . Under the Constitution, the president
8208-621: The invasions of Grenada in 1983 and Panama in 1989. The amount of military detail handled personally by the president in wartime has varied dramatically. George Washington , the first U.S. president, firmly established military subordination under civilian authority . In 1794, Washington used his constitutional powers to assemble 12,000 militiamen to quell the Whiskey Rebellion —a conflict in western Pennsylvania involving armed farmers and distillers who refused to pay excise tax on spirits. According to historian Joseph Ellis , this
8316-404: The laws are faithfully executed and the president has the power to appoint and remove executive officers. The president may make treaties , which need to be ratified by two-thirds of the Senate , and is accorded those foreign-affairs functions not otherwise granted to Congress or shared with the Senate. Thus, the president can control the formation and communication of foreign policy and can direct
8424-492: The letter public on August 22. When NARA provided the FBI with access to the records it retrieved, the FBI provided copies to individual agencies of the US Intelligence Community to conduct classification reviews and determine whether their disclosure could put at risk sensitive sources. Trump's team, anticipating a subpoena, practiced moving documents. Some officials have referred to this behavior as
8532-421: The locked storage room. In accordance with the usual procedure for executing search warrants, the FBI provided Trump's counsel with a copy of the warrant and a detailed three-page manifest, called a property receipt, which listed the inventory of seized records. The FBI agents concluded the search at 4:33 p.m. and a receipt for property was provided to Trump's Attorney at 6:19 p.m. before agents left
8640-557: The materials recovered from Mar-a-Lago with the House Oversight Committee . The FBI interviewed Trump administration officials and aides at Mar-a-Lago about the handling of presidential records, including former White House Counsel Pat Cipollone and his former deputy Patrick Philbin. On April 12, 2022, NARA said it would let the FBI access the documents retrieved from Mar-a-Lago. Trump's lawyers sought to delay this outcome. On May 10, Debra Steidel Wall ,
8748-642: The nation's diplomatic corps. The president may also appoint Article III judges and some officers with the advice and consent of the U.S. Senate. In the condition of a Senate recess, the president may make a temporary appointment . The president is the commander-in-chief of the United States Armed Forces as well as all federalized United States Militia and may exercise supreme operational command and control over them. The president has, in this capacity, plenary power to launch, direct and supervise military operations , order or authorize
8856-558: The other extreme, Woodrow Wilson paid very little attention to operational military details of World War I and had very little contact with the War Department or with General John J. Pershing , who had a high degree of autonomy as commander of the armies in France. As president during World War II , Franklin D. Roosevelt worked closely with his generals and admirals, and assigned Admiral William D. Leahy as "Chief of Staff to
8964-419: The polarization of political parties, increasing tendencies for congressional dysfunction, and the delegation of authority to the executive branch to implement legislative provisions. The president has several options when presented with a bill from Congress. If the president agrees with the bill, he can sign it into law within ten days of receipt. If the president opposes the bill, he can veto it and return
9072-558: The position in fact is one filled by the courts themselves. Reviewing and approving search warrants is a typical duty of federal magistrate judges. Legal experts noted that, given the high profile of the operation, the application for a search warrant (granted on probable cause) would have been first scrupulously scrutinized by federal authorities. Will Hurd , a former CIA agent and former Texas Republican congressman, said: "Trump and his lawyers admitted to and then handed over presidential documents improperly taken from and stored outside
9180-428: The positions were in fact already statutorily designated as "combatant commander" (CCDR). On 24 October 2002, Defense Secretary Donald H. Rumsfeld announced his decision that the use of the commander-in-chief title would thereafter be reserved for the president only. As the purpose of a military is to combat foreign invaders and adversaries, U.S. troops cannot be deployed on U.S. soil. The only exception to this rule,
9288-413: The predictions of many military experts. However, insufficient post-war planning and strategy by Bush and his advisors to rebuild those nations were costly. During the 20th century, certain regional commanders came to be called "commander-in-chief". Before 2002, combatant commanders were referred to as commanders-in-chief on a daily basis (e.g. Commander in Chief of U.S. Central Command ), even though
9396-484: The presidency for the preparation of the United States federal budget , although Congress was required to approve it. The act required the Office of Management and Budget to assist the president with the preparation of the budget. Previous presidents had the privilege of impounding funds as they saw fit, however the United States Supreme Court revoked the privilege in 1998 as a violation of
9504-652: The president and the United States National Security Council set information security policy such as the sharing and classification of information. The day-to-day oversight of the government-wide classification system is handled by the Information Security Oversight Office (ISOO), a component of the National Archives. Since the 1988 Supreme Court decision in Department of the Navy v. Egan , there
9612-763: The president deems they are engaged in insurrection. According to research conducted by the Brennan Center at New York University Law School , administrations since Eisenhower have drafted secret Presidential Emergency Action Documents (PEADs) that assert what one government document described as "extraordinary presidential authority in response to extraordinary situations." These secret powers appear to be exempt from congressional oversight. PEADs undergo periodic revision, and although their current contents were not known as of 2020, previous PEADs included emergency powers to detain "alien enemies" and other "dangerous persons"; invoke various forms of martial law; authorize
9720-445: The president the authority to unilaterally seize private property without Congressional legislation. President Nixon claimed in 1976 that the powers of the president to decide the constitutionality of government actions concerning national security was absolute and exclusive: "if the President does it, that means it is not illegal". Congressional legislation gives the president powers to commandeer states and governors of states, if
9828-454: The president's powers. Some have even spoken of "the imperial presidency", referring to the expanded role of the office that Franklin D. Roosevelt maintained during his term. President Theodore Roosevelt famously called the presidency a " bully pulpit " from which to raise issues nationally, for when a president raises an issue, it inevitably becomes subject to public debate. A president's power and influence may have limits, but politically
9936-431: The president. Emergency presidential power is not a new idea. However, the way in which it is used in the twenty-first century presents new challenges. A claim of emergency powers was at the center of President Abraham Lincoln's suspension of habeas corpus without Congressional approval in 1861. Lincoln claimed that the rebellion created an emergency that permitted him the extraordinary power of unilaterally suspending
10044-422: The property around 6:30 p.m. with the boxes. The FBI did not search a locked closet near the front of the estate (of which the FBI agents were aware during the search) nor a "hidden room" connected to Trump's bedroom (of which they were unaware), according to ABC News in February 2024. It is not clear whether any classified documents were in the rooms. Peter Schorsch, the publisher of Florida Politics ,
10152-492: The receipt of the 15 boxes and the claim by Trump's representatives that they would look for more material. On February 8, NARA lawyer Gary Stern told colleagues that Cannon had told him he was unsure whether all relevant documents had been turned over. NARA itself had noted "reams of classified material and disorganized boxes" and remained suspicious, according to the Washington Post . On February 9, NARA sent
10260-475: The request for their "immediate assistance" to return the Kim letters along with "roughly two dozen" boxes that were in Trump's White House residence during the final days of his presidency and that were sent to Florida, although Cipollone had determined they should have been sent to NARA. That month, Trump allegedly had some of the boxes brought to the Bedminster Club. In June 2021, NARA instructed
10368-456: The subpoena, asking for views from outside the storage room between January 10 and June 24. At 1:25 p.m., Corcoran spoke with Trump about it by phone. Within a few hours, Nauta changed his travel schedule for the next day; while he had planned to accompany Trump to Illinois, he now told others he would go to Palm Beach, Florida instead, and gave inconsistent reasons for his schedule change. On June 25, de Oliveira advised Butler that Nauta
10476-601: The subpoena, on July 6, the Trump Organization provided a hard drive. The footage showed Nauta moving the boxes. On July 10–12, Trump was at Mar-a-Lago "checking on the boxes," as one witness told investigators. Normally, he is in New Jersey at that time of year, and his residence at Mar-a-Lago was undergoing construction so he would have been unlikely to stay there. His trip to Mar-a-Lago was "kept quiet." Federal agents established probable cause to obtain
10584-749: The supreme command and direction of the military and naval forces ... while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which ... would appertain to the legislature". Pursuant to the War Powers Resolution of 1973, Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual. Additionally, Congress provides
10692-408: The tapes were private property, Judicial Watch demanded NARA seize the tapes and hand them over to Judicial Watch. The judge dismissed the lawsuit. Trump embraced Fitton's position and would continue to include him in discussions over a year later. In April 2022, the DOJ opened a criminal investigation and initiated a grand jury process and instructed NARA not to share further details about
10800-473: The testimony of his valet Walt Nauta, who retrieved boxes and said he was unaware of their contents. Nauta took "roughly 15 to 17" boxes stored near Trump's bedroom in a room called Pine Hall, and "we transferred them into my car; from my car to the semi truck", as he would tell investigators several months later. In January 2022, NARA retrieved 15 boxes of documents, gifts, and other government property from Mar-a-Lago that should have been transferred to NARA at
10908-655: The use of emergency powers when he nationalized private steel mills that failed to produce steel because of a labor strike in 1952. With the Korean War ongoing, Truman asserted that he could not wage war successfully if the economy failed to provide him with the material resources necessary to keep the troops well-equipped. The U.S. Supreme Court, however, refused to accept that argument in Youngstown Sheet & Tube Co. v. Sawyer , voting 6-3 that neither commander-in-chief powers nor any claimed emergency powers gave
11016-435: The working relationship with Congress, presidents in recent years have set up an Office of Legislative Affairs . Presidential aides have kept abreast of all important legislative activities. Before taking office, the president-elect and his transition team must appoint people to more than 6,000 federal positions. The appointments range from top officials at U.S. government agencies, to the White House staff, and members of
11124-805: The writ. With Chief Justice Roger Taney sitting as judge, the Federal District Court of Maryland struck down the suspension in Ex parte Merryman , although Lincoln ignored the order. President Franklin Delano Roosevelt similarly invoked emergency powers when he issued an order directing that all Japanese Americans residing on the West Coast be placed into internment camps during World War II. The U.S. Supreme Court upheld this order in Korematsu v. United States . Harry Truman declared
11232-586: Was about to arrive, that he sought information about old surveillance footage, and that his trip should be kept secret. On the morning of June 27, de Oliveira asked Yuscil Taveras, who worked in the IT office, how long security footage stayed on the server. Taveras said he believed it was generally retained for 45 days. De Oliveira said "the boss" wanted the footage deleted, but Taveras resisted. In early afternoon, de Oliveira and Nauta spoke in person, and in late afternoon, de Oliveira spoke to Trump by phone. In response to
11340-516: Was not informed that about 64 boxes had been moved out over recent days and that about 30 boxes had been moved in just hours previously. While Corcoran was in the storage room, Trump allegedly had someone change a lock on a closet at the front of the estate. The Secret Service used to have the key to the lock, but Trump reportedly wanted to be in charge of the key. In the storage room, Corcoran found 38 documents with classified markings and sealed them in an envelope. On June 3, Nauta asked Brian Butler,
11448-460: Was not true). During this visit, FBI agents noticed over 50 boxes in the storage room, but Trump's lawyers said they couldn't look inside. With the help of an informant, the DOJ came to believe that more classified documents remained on the premises. On June 8, the FBI told Trump's team to better secure the storage area, so Trump aides added a padlock to the room. Less than two weeks later, Trump notified NARA to add Kash Patel ,
11556-581: Was the "first and only time a sitting American president led troops in the field", although James Madison briefly took control of artillery units in the defense of Washington D.C. during the War of 1812 . President Abraham Lincoln was deeply involved in strategy development and day-to-day military operations during the American Civil War , 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as Ulysses S. Grant . On
11664-438: Was the first to report on the event. Trump also publicly acknowledged the search. The next day, August 9, at Mar-a-Lago, Trump aide Molly Michael found notes that Trump had previously given her written on the back of documents with classification markings. She helped turn over those documents to the FBI on the same day. Powers of the president of the United States [REDACTED] [REDACTED] The powers of
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