Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.
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While much has yet to be learned about the contents — and context — of the documents retrieved from former President Donald Trump's Florida residence, last week's release of a redacted affidavit clarifies some critical components of the issue.
It's clear, for instance, that the Justice Department and National Archives tried to settle the issue through quiet communication. A request was made in May 2021 that Trump return any documents he may have taken with him to Mar-a-Lago, as required by the Presidential Records Act.
Seven months later, Trump's representatives told the federal government that they had 12 boxes ready to be retrieved. (There actually were 15). And a letter from Trump's lawyers acknowledged that they knew their client might still have classified materials the government wanted back and that the Justice Department had opened an investigation. So this was no "raid," as Trump and his sycophants have decried, but a search necessitated by the former president's noncompliance with reasonable and legal requests.
Last week, Americans learned that the materials that had been recovered included 184 "classified" documents, including 67 labeled "confidential," 92 marked "secret" and 25 determined to be "top secret." Some were also labeled "NOFORN," meaning they could not be legally shared with a foreign government. And others were marked "SI," which indicated they were related to the surveillance of foreign communications.
The unsealed affidavit also indicated "a probable cause to believe that evidence of obstruction will be found."
Transparency strengthens democracy. The release of the heavily redacted affidavit makes clear that the federal government followed the necessary steps and will enforce its laws regarding presidential records regardless of the politics involved.