Washington (CNN)In the days since theFBI seized classified and top secret documentsfrom Donald Trump's Mar-a-Lago resort, the former President and his allies have claimed that Trump had a "standing order" to declassify documents he took from the Oval Office to the White House residence.
But 18 former top Trump administration officials tell CNN they never heard any such order issued during their time working for Trump, and that they believe the claim to be patently false.
Several officials laughed at the notion. One senior administration official called it "bullsh*t." Two of Trump's former chiefs of staff went on the record to knock down the claim.
"Nothing approaching an order that foolish was ever given," said John Kelly, who served as Trump's chief of staff for 17 months from 2017 to 2019. "And I can't imagine anyone that worked at the White House after me that would have simply shrugged their shoulders and allowed that order to go forward without dying in the ditch trying to stop it."
Mick Mulvaney, who succeeded Kelly as acting White House chief of staff, also dismissed the idea and told CNN he was "not aware of a general standing order" during his tenure.
In addition, CNN spoke with former national security and intelligence officials as well as White House lawyers and Justice Department officials. Taken together, their tenure covers all four years of the Trump administration, and many served in positions where they would either be included in the declassification process, or at the very least, be aware of such orders.
Official after official scoffed at the claim Trump had a standing order to declassify documents that left the Oval Office and were taken to the residence.
"Total nonsense," one senior White House official said. "If that's true, where is the order with his signature on it? If that were the case, there would have been tremendous pushback from the Intel Community and DoD, which would almost certainly have become known to Intel and Armed Services Committees on the Hill."
Many of the officials spoke to CNN on the condition of anonymity in order to candidly discuss internal Trump administration dynamics as well as to avoid any potential blowback from the former President.
Blanket claims of declassification
Trump and his allies have made a wide range of claims about declassification in the days after the FBI's August 8 search of Mar-a-Lago, which resulted in federal agents seizing 11 sets of classified documents -- including some marked with the highest levels of classification.
On his social media platform Truth Social last week, Trump made the sweeping claim that the documents in the boxes seized by the FBI at his home were "all declassified."
John Solomon, editor-in-chief of conservative website "Just the News," was more specific in an interview with Fox's Sean Hannity last week. Solomon, who Trump named as one of his designees to the National Archives, read a statement from Trump's team claiming that the former President "had a standing order that documents removed from the Oval Office and taken to the residence were deemed to be declassified the moment he removed them."
Kash Patel, a Trump ally and former national security official in the Trump administration -- and also one of the former president's designees to the Archives -- also said on Fox last week that Trump "issued sweeping declassification orders on multiple occasions." Patel said he did not know whether the boxes at Mar-a-Lago contained documents that were part of those orders.
Representatives for the former President did not respond to requests for comment. Solomon and Patel also did not respond.
The FBI's unprecedented search warrant of the former President's residence in Florida was the result of a federal investigation into the removal of classified material from the White House as Trump was leaving office. The investigation goes well beyond the question of whether the material was classified: The search warrant made public last week identifies possible violations of the Espionage Act, obstruction of justice and criminal handling of government records as reasons for the search.
On Thursday, a judge heard arguments to unseal additional materials in the investigation, including the affidavit federal investigators would have had to file laying out why they believed there was probable cause that a crime had been committed. The Justice Department opposes releasing the affidavit, saying it would harm the ongoing criminal investigation.
'It can't just be an idea in his head'
Even if Trump had sought to broadly declassify documents, there is a specific process that the president is supposed to follow, the officials said. Declassification must be memorialized and includes careful reviews and notifying agencies such as the CIA, NSA, Department of Energy, State Department and Defense Department.
"It can't just be an idea in his head," said David Laufman, the former chief of the Justice Department's counterintelligence division who investigated Hillary Clinton's handling of classified documents. "Programs and officials would have been notified. There is no evidence they were."
Laufman's successor, Jay Bratt, was one of the four federal investigators who met with Trump's attorneys about the documents at Mar-a-Lago in June, CNN has previously reported.
One source familiar with declassification inside the Trump White House said although it is true that the President has broad declassification powers, Trump would have needed to create a record of it -- and the source said he did not do that.
"As a practical matter, you have to prove it," the source said. "If he says, 'I declassified something,' the obvious question is, 'Did you tell anybody about it?' The obvious concern is that this is all after the fact."
Another source with knowledge of how the former president operated said it was Trump's view that he could declassify information anytime and any way he wanted.
"He was counseled that's not the way it works," the source said.
'A complete fiction'
Former Trump national security adviser John Bolton called the notion of a standing declassification order "a complete fiction."
"I was not briefed on anything like that when I started as national security adviser," Bolton said on CNN's "New Day" earlier this week. "I never heard of it, never saw it in operation, never knew anything about it."
In addition, Olivia Troye, a former homeland security adviser to then Vice President Mike Pence, called the notion of a blanket declassification "ludicrous." Another former senior intelligence official laughed and said it was "ridiculous."
And a source familiar with White House records and declassification said Trump's claim was "laughable" and that if any such order existed, it was "Trump's best kept secret."
Multiple sources said they believed that Trump's claim the documents were declassified was nothing more than a transparent attempt to try to defend himself for taking the documents to Mar-a-Lago.
"There is a process to declassify, the president can't just wave a magic wand," a former senior Trump White House official said.
All 18 former Trump administration officials who spoke to CNN agreed. "It doesn't even work that way, there is an actual process," said one former White House national security official.
"If this existed, there had to be some way to memorialize it," Bolton said on "New Day." "The White House counsel had to write it down. Otherwise, how would people throughout the government know what to declassify?"
'They would have resigned'
A former senior intelligence official said intelligence community leaders, such as then-CIA Director Gina Haspel, would have been informed of any declassification orders.
"And they would not have allowed it," the official said. "They would have resigned."
Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy and an expert on classification, noted that presidents have nearly unlimited discretion to classify and declassify information. But Aftergood said the notion that a document was declassified based on its location -- such as taking it out of the White House -- simply "strains credulity."
"A document that is classified in Washington, DC, is unclassified in Florida -- one could say such a thing, but it is nonsensical," he said. "And it calls into question the good faith of anyone who would make such a claim."
Troye, the former homeland security adviser to Pence, said, "there would be a paper trail of this blanket authority being the case, and in two and a half years of working in national security in the White House, not once did I ever hear this discussed."
Troye resigned from the Trump administration in August 2020 and now leads an anti-Trump Republican group.
Alyssa Farah Griffin, a CNN political commentator who resigned as White House communications director shortly after the 2020 presidential election, called a blanket declassification "deeply reckless."
"The idea that a president or former could essentially do whatever they want with our nation's secrets poses an incalculable risk to US national security," Griffin said.
"We would know," another former intelligence official said, adding that trying to say the documents were automatically declassified is like "trying to close the barn door after the horse."
CNN's Gloria Borger, Evan Perez, Sara Murray and Gabby Orr contributed to this report.
I know TRUMP is a SOCIOPATH, who cares about nothing but himself, but do any of his supporters have any sense of Dignity or Honor? Do you really hate the U.S. that much, where you would allow a 2nd Rate Hitler wannabe the opportunity to destroy our Republic?
Republicans are railing against the just-signed Inflation Reduction Act, but there’s one provision in the new law that they really, really dislike: The plan to bolster the beleaguered Internal Revenue Service.
The bill signed into law on Tuesday – arguably President Joe Biden’s signature achievement since taking office – will inject $80 billion into the IRS, a lifeline that will help the emaciated agency to carry out its mandate of filling the nation’s coffers and administering its federal tax laws.
Casey michel
In just a decade, staffing at the IRS has fallen nearly 20%, The Washington Post found, “including a 30% decline in enforcement employees.” Democrats had been eager to find a way to bolster the struggling agency, after years of Republican efforts to enfeeble it.
“For decades, Republicans have starved the IRS of funding, and now American taxpayers are paying the price,” House Ways and Means Committee Chairman Richard Neal (D-Mass.) said in a statement in February.
“The IRS needs greater support to carry out its most essential functions, like processing tax returns, enforcing the tax code, and closing the tax gap. Without resources from Congress to update its woefully out-of-date technology, the agency simply cannot operate at the level American taxpayers expect.”
Now, thanks to the Inflation Reduction Act, the IRS finally will be getting that support. And Republicans are not happy about it.
Republicans have been making the scurrilous claim that the Biden administration aims to deploy a ramped-up “army” of IRS agents to target middle-income workers and small businesses. Nothing could be further from the truth. In fact, IRS Commissioner Charles Rettig – who was appointed by former President Donald Trump – said earlier this month that the agency will only be increasing audits of the wealthiest Americans.
As with recent Republican attacks against the FBI, the party’s anti-IRS rhetoric has reached fever pitch. Sen. Ted Cruz (R-Texas) tried to scaremonger about an IRS “shadow army” coming to “hunt you down and take your money.”
Sen. Chuck Grassley (R-Iowa) even suggested on “Fox & Friends” last week that IRS workers armed with assault rifles would be deployed against taxpayers. He and other Republicans have falsely tossed around the number 87,000 as the size of this supposed army of agents.
“Are they going to have a strike force that goes in with AK-15s already loaded, ready to shoot some small-business person in Iowa?” the longtime senator asked. “With 87,000 additional employees, you can imagine what that harassment’s going to be to middle-class Americans and our small business people.
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Democrats said such rhetoric is false and inflammatory.
“The incendiary conspiracy theories Republicans are pushing about armed IRS agents are increasingly dangerous and out-of-control,” said Senator Ron Wyden (D-Ore.), chairman of the Senate Finance Committee, calling the language being used by “high-ranking Republicans” in speaking about increased funding for the IRS “shockingly irresponsible.”
“It’s unbelievable that we even need to say this, but there are not going to be 87,000 armed IRS agents going door-to-door with assault weapons. This is funding for answering phone calls and upgrading computer systems,” he said.
The ultra inflammatory rhetoric appears to be new, but the attacks are part of a longstanding GOP agenda to keep the agency underfunded and ineffective. There were definitely signs of growing GOP opposition to the IRS under presidents Bill Clinton and George W. Bush, but it really took off (as with so much else) when Barack Obama was president. The Government Accountability Office recently found that overall IRS audit rates have plunged in recent years, and are now at their lowest rates in generations.
By hampering the effective operation of the IRS, the GOP allows rich Americans to dodge much – or even most – of their tax burden. Audit rates also have plummeted – especially for the wealthiest Americans. The GAO reported that “audit rates decreas(ed) the most for taxpayers with incomes of $200,000 or more.” The New York Times, meanwhile, reported that audits rate for millionaires dropped by over 60% since 2010.
While individuals in the top percentile of total wealth once made up nearly one-third of all total audits, during then-president Donald Trump’s administration they represented less than 10% of the audits that actually still take place. Economists Gabriel Zucman and Emmanuel Saez wrote in an analysis of American wealth inequality,that audit rates of the largest estate tax returns have been almost completely eliminated in recent years.
Even when audits find evidence of a crime, many tax cheats avoid prosecution: Criminal referrals have plummeted by nearly half since the early 2010s. Taken together, the White House estimates that the wealthiest Americans evade some $160 billion per year – a huge sum, given that we’re only talking about one percent of the American population.
Any way you look at this, the expansion of IRS funding is a win. The CBO predicts that reining in tax evasion by the wealthiest Americans will pay for itself many times over, in addition to slowing the rate of offshored finance and mitigating wealth inequality.
Not all of the new IRS money is going toward enforcement. A significant portion of the funds, as CNBC reported, will also go toward technological upgrades and basic operations. (Amazingly, some of the IRS’s computers still use programming dating to the 1960s.)
The Congressional Budget Office has already projected hundreds of billions of dollars in revenue over the next decade alone from this new IRS funding. That’s money that can be used to pay for other provisions in the Inflation Reduction Act, from funding climate initiatives to keeping the price of prescription drugs low.
Indeed, there’s a kind of virtuous cycle at work in the new legislation: A beefed-up IRS allows the federal government to pay for projects which can help generate jobs – and additional tax revenue – in the future.
But that’s all in the years to come. For now, the fact that the IRS is set to see a financial rescue is cause for celebration in and of itself. The IRS is not becoming a “shadow army,” as Cruz would have it. It is instead an agency emerging from financial duress that will finally be able to do its job in the name of the American people.