'Top Secret' documents are recovered from Trump's Mar-a-Lago residence

'Top Secret' documents are recovered from Trump¹'s Mar-a-Lago residence

Transcript²

The Washington Post reports some documents recovered from Donald Trump's residence were marked top secret. NPR's Leila Fadel asks ex-federal prosecutor³ Brandon Van Grack about any legal ramifications⁴.

LEILA FADEL, HOST:

Last month, the National Archives, the government agency that manages presidential records, noticed that documents were missing from the Trump presidential archives. They found 15 boxes of documents at the former president's Mar-a-Lago home. According to The Washington Post, some of them were clearly marked as classified, including some that were top secret. So should the Department of Justice be investigating? Let's ask.

Former federal prosecutor Brandon Van Grack is here with us. Good morning.

BRANDON VAN GRACK: Good morning.

FADEL: So the National Archives has apparently⁵ asked the DOJ to investigate. You served as a senior national security official at the DOJ. Do you think this is the right move?

VAN GRACK: Absolutely. There's no question there should be an investigation⁶ into what happened if nothing else than to determine whether any sources or methods had been compromised and to sort of understand the implications of that.

FADEL: And now, it's being reported, as I mentioned - is that some of the documents were marked top secret. Given that, what are the possible legal ramifications here? Could this lead to a criminal case?

VAN GRACK: So it could, based on the facts. By it being marked top secret, that means some official, some expert has determined⁷ that the disclosure of that information could reasonably be expected to cause exceptionally grave damage to national security. So it's a very serious issue when information like this is mishandled. And there's actually a specific statute⁸, a law on the books that makes it unlawful to knowingly remove and retain classified information without authorization⁹. So there's certainly potential criminal ramifications from this conduct if what's reported is accurate.

FADEL: Are there loopholes to that law? Could President Trump declassify¹⁰ the documents, for instance?

VAN GRACK: I probably wouldn't refer to it as a loophole. But it's more there are...

FADEL: OK.

VAN GRACK: ...Limitations to it. And so...

FADEL: I see.

VAN GRACK: ...One of the core limitations is it has to be unauthorized removal and unauthorized retention¹². And the president of the United States has complete authority to classify and declassify information and also to determine how it can be handled and transferred. So he could have authorized¹¹ the removal and retention of that information.

FADEL: Now, it's been reported that some of the records turned over to the National Archives were torn and then taped back together. And I think it's pretty safe to assume that's not standard practice. How problematic is this?

VAN GRACK: The tearing up of documents - that would really be under potentially separate laws that deal with the retention of information in government records. But in terms of the issues, in terms of it being classified, it's potentially related. But I think it's really part of - demonstrates that there's a lot we don't know about what happened here. And there are a lot of questions that really the FBI, and ultimately the Department of Justice, needs to ask in order to determine ultimately what happened.

FADEL: As a former federal prosecutor, you've investigated the mishandling of classified information. Based on what's being reported, do you believe these documents were improperly¹³ handled?

VAN GRACK: So on its face, that - it would certainly seem to be the case. Top-secret information is marked in a particular way. There's a - on the top and bottom of a document, it's supposed to be stamped. There's a cover sheet. When it's transferred, it's supposed to be double wrapped. It's in a bag that has a lock on it. It's supposed to be stored in a secured facility. So on its face, if these were top-secret documents and they were not declassified¹⁴, then they were not - they were mishandled. And it certainly could trigger a violation¹⁵ of the law that I just mentioned.

FADEL: A lot that we still don't know here - former federal prosecutor Brandon Van Grack - thank you so much.

VAN GRACK: Thank you.

1 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

4 ramifications   

n.结果，后果( ramification的名词复数 )

参考例句：

• These changes are bound to have widespread social ramifications. 这些变化注定会造成许多难以预料的社会后果。
• What are the ramifications of our decision to join the union? 我们决定加入工会会引起哪些后果呢？ 来自《简明英汉词典》

5 apparently   

adv.显然地；表面上，似乎

参考例句：

• An apparently blind alley leads suddenly into an open space.山穷水尽，豁然开朗。
• He was apparently much surprised at the news.他对那个消息显然感到十分惊异。

6 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

7 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

8 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

9 authorization   

n.授权，委任状

参考例句：

• Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。
• You cannot take a day off without authorization.未经批准你不得休假。

10 declassify   

v.撤销保密

参考例句：

• These reports were only declassified last year.这些报告去年才被撤销了密级。
• Does the president have the power to declassify information?总统有权利解密相关信息吗？

11 authorized   

a.委任的，许可的

参考例句：

• An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

12 retention   

n.保留，保持，保持力，记忆力

参考例句：

• They advocate the retention of our nuclear power plants.他们主张保留我们的核电厂。
• His retention of energy at this hour is really surprising.人们惊叹他在这个时候还能保持如此旺盛的精力。

13 improperly   

不正确地，不适当地

参考例句：

• Of course it was acting improperly. 这样做就是不对嘛！
• He is trying to improperly influence a witness. 他在试图误导证人。

14 declassified   

adj.解密的v.对（机密文件等）销密( declassify的过去式和过去分词 )

参考例句：

• Thousands of classified documents have now been declassified. 数以千计的保密文件现在被解密了。
• The software used for Siemens S7-300 encryption logic block declassified. 此软件用于对西门子S7-300加密逻辑块解密。

15 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。