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Hi, I'm Riley Fessler, producer of the DSR Network of podcasts.

Today's episode of From the Archive comes from October 2022 and features a conversation between David, Mary McCord of Georgetown University and our very own Norm Hornstein regarding the reports of Trump holding additional classified documents.

The episode also features originally members only content, so if you like what you hear, please consider becoming a member. Enjoy.

This is Deep State Radio, coming to you direct from our super secret studio in the third sub basement of the Ministry of Snark in Washington, DC and from other undisclosed locations across America and around the world.

Hello and welcome to the latest episode of the podcast. I'm your host, David Rothkopf, coming to you from New York City, coming to you today from our nation's capital.

We are pleased to be joined by Mary McCord, Mary as executive director of the Institute for Constitutional Advocacy and Protection and was acting assistant attorney general for national security at the US Department of Justice from 2016 to 2017.

I'm Mary, how are you? I'm great. Glad to be here, David. Glad you are joining us and Norm Hornstein is joining us again, Norm, a senior fellow emeritus at the American Enterprise Institute and he hosts, of course, our co host, the words matter podcasts on the DSR Network, Norm, you abandoned this podcast to go do your own, but we have had you back anyway, which is a sign of our great generosity of spirit.

I am so appreciative of your need a generous soul.

What I wanted to do was to have a podcast where we talk a little bit about the fact that next week the January six committee resumes and talk about some of the issues that are associated with Donald Trump, the prosecution of Donald Trump, the DOJ and the Congress.

And, and of course, since we last heard from the committee, we've had this sort of intervening major story, which has to do with Donald Trump documents that he didn't return, classified documents that he didn't return.

And most recently, in the New York Times today, a story suggesting that even having gone through this with requests, returning some documents, DOJ not believing it was all the documents going and taking a look, discovering it wasn't all the documents that some of them were classified documents, court cases trying to suppress what can be looked at and what can't.

We now have some indication that the Department of Justice still doesn't believe all the documents have been returned and that Trump is continuing to obstruct their investigation and obstruct the return of government property.

And before we get to anything else, Mary, I suspect you've seen the story, how do you react to that and how do you think a story like that, if it is true, will color the rest of the way DOJ behaves.

Well, you know, the question always with each one of these new iterations of we don't think we have everything is for purposes of DOJ is always going to be can they directly connect Trump to the failure to provide all of the classified documents to DOJ.

So that's what we're already looking at when we're looking back to the first subpoena where, you know, documents were provided a certification by a lawyer was provided that a diligent search had been undertaken and everything that they were aware of were being provided.

But of course it wasn't everything and as the execution of the search warrant revealed there were more significantly more classified documents and so certainly Trump is on notice and has been on notice for nearly a year or more than a year that classified information should not be being stored at Mar-a-Lago and that it needs to be returned to the proper authorities of federal government.

And to my mind he knows that and anything he doesn't return he has been for warned that that could be criminal and it could be not only obstruction but it also could just be miss handling of the documents and miss handling of the presidential records but I think what was what's still remains to be seen is how much has he been directly involved in the decisions about what to turn over and what not in the decisions about what we're to look for things to be turned over has he kept things from those working on his behalf.

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