Page:United States of America v. Donald J. Trump and Waltine Nauta.pdf/7

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Case 9:23-cr-80101-AMC
Document 3
Entered on FLSD Docket 06/08/2023
Page 7 of 49

information. After his presidency, TRUMP was not authorized to possess or retain classified documents.

18. Executive Order 13526 provided that a former president could obtain a waiver of the “need-to-know” requirement, if the agency head or senior agency official of the agency that originated the classified information: (1) determined in writing that access was consistent with the interest of national security and (2) took appropriate steps to protect classified information from unauthorized disclosure or compromise and ensured that the information was safeguarded in a manner consistent with the order. TRUMP did not obtain any such waiver after his presidency.

The Executive Branch Departments and Agencies Whose
Classified Documents TRUMP Retained After His Presidency

19. As part of his official duties as president, TRUMP received intelligence briefings from high-level United States government officials, including briefings from the Director of the Central Intelligence Agency, the Chairman of the Joint Chiefs of Staff, senior White House officials, and a designated briefer. He regularly received a collection of classified intelligence from the United States Intelligence Community (“USIC”) known as the “President’s Daily Brief.”

20. The USIC’s mission was to collect, analyze, and deliver foreign intelligence and counterintelligence information to America’s leaders, including the president, policymakers, law enforcement, and the military, so they could make sound decisions to protect the United States. The USIC consisted of United States executive branch departments and agencies responsible for the conduct of foreign relations and the protection of national security.

21. After his presidency, TRUMP retained classified documents originated by, or implicating the equities of, multiple USIC members and other executive branch departments and agencies, including the following:

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