Thread by @petestrzok

As bad as it is, it's quite possible the indictment does not include the most sensitive documents recovered from MAL. 🧵

The indictment charges 31 distinct classified documents (para 77):

21 Top Secret
9 Secret
1 unmarked

storage.courtlistener.com/recap/gov.usco…

1/

Those documents can be further defined by whether they were produced on June 3, 2022, in response to DOJ's subpoena vs seized during the search warrant on August 8, 2022 (see the ending date of offense for each item in para 77):

TS: 10 subpoena, 11 SW
S: 9 SW
Unmarked: 1 SW

2/

Compare this with the total number seized.

Search (indictment para 75):
17 TS*
55 S
31 C

Subpoena (DOJ Aug 30 filing, link):
17 TS
16 S
5 C

Total classified:
34 TS (21 charged)
71 S (9 charged)
36 C (0 charged)

justsecurity.org/wp-content/upl…

* DOJ claimed 18 TS in a 9/26 filing

3/

DOJ recovered 13 TS documents which weren't charged.

Why? For each of the charged documents, DOJ has received authority from the agency owning the information (para 21 lists CIA, DOD, NSA, NGA, NRO, DOE, and State/INR) to use the material in criminal proceedings.

4/

It's possible the remaining 13 were too sensitive: the risk to sources and methods and/or other damage to national security outweighed allowing their use and possible disclosure at trial.

So as you assess how damaging Trump's actions were, keep in mind it's probably worse.

/end