Trump May Have Sold Classified Documents, Should Be 'Arrested': Kirschner

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Legal analyst Glenn Kirschner said Friday that former President Donald Trump might have sold classified documents that were found missing from dozens of empty folders with classified markings that were retrieved by FBI agents who searched his Florida residence last month.

"The most reasonable inference is that Donald Trump disposed of those classified documents after unlawfully taking them from the White House," Kirschner said in a video posted on YouTube. "To what purpose did he put them? Did he sell them to America's adversaries? Did he use them to blackmail people? Did he use them to leverage a favorable business deal in some country or another? We don't know yet."

Friday's unsealed inventory list, that showed what the FBI retrieved during their search at Trump's Mar-a-Lago residence, included a total of 48 empty folders with "classified" banners. The inventory list also included empty folders labeled "Return to Staff Secretary/ Military Aide."

"I suspect we will learn exactly what Donald Trump did with those classified and military documents," Kirschner said. "But one thing I do know...is there is no legitimate argument. There is no persuasive argument. There is no compelling argument against arresting Donald Trump promptly."

Kirschner said in a tweet on Friday that "things just went from bad to worse to unfathomably dangerous" after the empty classified folders were found. Meanwhile, former U.S. attorney Harry Litman tweeted that the ex-president might have "riffled through the classified docs to see what he had."

"This undoes the image of just scooping them up along w/ shirts and M&Ms and keeping them in boxes," he added.

Additionally, the inventory list that was unsealed showed other items taken from the White House that FBI agents recovered during their raid, including government documents with and without classification banners, clothing items, articles, and books.

Federal Judge Aileen Cannon, who ordered the unsealing, is currently considering a request by Trump's lawyer to have a special master appointed to oversee the review of the documents that were retrieved in the raid.

Trump May Have Sold Classified Documents: Kirschner
Above, former President Donald Trump speaks at the America First Policy Institute Agenda Summit in Washington, D.C., on July 26. Legal analyst Glenn Kirschner said Friday that Trump might have sold classified documents that were... Photo by MANDEL NGAN/AFP via Getty Image

Trump has repeatedly said that he didn't do anything wrong by keeping those documents, while his office said that he had a "standing order" to declassify those documents, an explanation that former Department of Justice (DOJ) official Mary McCord doubted, saying that he had no authority to do so after leaving office, according to Reuters.

The ex-president and his allies have denounced the Mar-a-Lago search, which was carried out after the approval of Attorney General Merrick Garland, and suggested that it was politically motivated.

Newsweek reached out to Trump's office for comment.

About the writer

Fatma Khaled is a Newsweek weekend reporter based in New York City. Her focus is reporting on U.S. politics, world news, and general interest news. Her coverage in the past focused on business, immigration, culture, LGBTQ issues, and international politics. Fatma joined Newsweek in 2021 from Business Insider and had previously worked at The New York Daily News and TheStreet with contributions to Newlines Magazine, Entrepreneur, Documented NY, and Washington Report on Middle East Affairs, among others. She is a graduate of Columbia University where she pursued a master's degree focusing on documentary filmmaking and long-form journalism. You can get in touch with Fatma by emailing f.khaled@newsweek.com. Languages: English, Arabic, German.


Fatma Khaled is a Newsweek weekend reporter based in New York City. Her focus is reporting on U.S. politics, world ... Read more