WASHINGTON (AP) — The FBI investigation into top-secret government information discovered at Mar-a-Lago is zeroing in on the question of whether former President Donald Trump’s team criminally obstructed the probe. A new document alleges that government records had been concealed and removed and that law enforcement officials were misled about what was still there.

The allegation does not necessarily mean that Trump or anyone else will ultimately face charges. But it could pose the most direct legal threat to either Trump and those in his orbit, in part because the Justice Department has historically regarded obstruction as an aggravating factor that tilts in favor of bringing charges in investigations involving the mishandling of classified information.

“It goes to the heart of trying to suborn the very integrity of our criminal justice system,” said David Laufman, who once oversaw the same Justice Department counterintelligence section now responsible for the Mar-a-Lago investigation.

The latest Justice Department motion in the case is focused less on the removal last year of classified information from the White House to Mar-a-Lago and more on the events of this past spring. That’s when law enforcement officials tried — unsuccessfully — to get all documents back and were assured, falsely, that everything had been accounted for after a “diligent search.”

The Justice Department issued a grand jury subpoena in May for the records, and officials visited Mar-a-Lago on June 3 to collect them. When they got there, Tuesday’s department document says, they were handed by a Trump lawyer a “single Redweld envelope, double-wrapped in tape” containing documents.

A custodian for the records presented a sworn certification to the officials saying that “any and all responsive documents” to the subpoena had been located and produced. A Trump lawyer said that all records that had come from the White House had been held in one location — a storage room — and that there were none in any private space or other spot at the house.

But the FBI came to doubt the truth of those statements and obtained a search warrant to return on Aug. 8.

Officials had “developed evidence that government records were likely concealed and removed from the Storage Room and that efforts were likely taken to obstruct the government’s investigation,” the new Justice Department filing says.

In their August search, agents found classified documents not only in the storage room but also in the former president’s office — including three classified documents in office desks, according to the Justice Department. In some instances, the agents and attorneys conducting the review of seized documents required additional clearances since the material was so highly classified.

“That the FBI, in a matter of hours, recovered twice as many documents with classification markings as the ‘diligent search’ that the former president’s counsel and other representatives had weeks to perform calls into serious question the representations made in the June 3 certification and casts doubt on the extent of cooperation in this matter,” the document states.

In a court filing Wednesday night, lawyers for Trump decried the search as having taken place in “the midst of the standard give-and-take” between a former president and the National Archives and Records Administration over presidential records. It said the department had “gratuitously” made public certain information, including a photograph of classified documents seized from the home.

The Justice Department has stated in court filings that, besides investigating crimes related to the mishandling of national defense information and other documents, it is also looking into whether anyone committed obstruction. It is not clear from Tuesday’s filing how much of that inquiry might center on Trump, who has repeatedly insisted that his team was cooperative with the FBI, as opposed to any of his lawyers or representatives who were directly involved in making the representations to the department. It’s also unclear what role Trump himself had in those representations.

Obstruction matters because it’s one of the factors investigators look for in weighing whether to bring charges. For instance, in his July 2016 announcement that the FBI would not be recommending criminal charges against Hillary Clinton in an investigation involving handling of her emails, FBI Director James Comey cited the absence of obstruction as one of the reasons.

When the Justice Department charged former CIA Director David Petraeus in 2015 with sharing classified information with his biographer, it made a point of including in court documents details about false statements prosecutors said he made during an FBI interview.

It is not the first time that an obstruction investigation has surfaced in connection with Trump. Special Counsel Robert Mueller investigated whether Trump had obstructed an inquiry into whether his 2016 presidential campaign had colluded with Russia, and though Mueller did not recommend charges against the then-sitting president, he also pointedly declined to exonerate him.

In the current case, federal investigators are likely evaluating why Trump representatives provided statements about the status of classified information at Mar-a-Lago that proved easily contradicted by the evidence, as well as which individuals were involved in removing boxes and why.

Sarah Krissoff, a New York lawyer and former federal prosecutor, said the detailed information in this week’s filing tells its own tale.

“Reading between the lines of what they were saying here, it suggests that they had very direct information from a source regarding the location of classified documents within Mar-a-Lago and essentially the concealment of, or lack of cooperation with, the prior efforts to recover those documents,” she said.

The purpose of the Tuesday night filing was to oppose a request from the Trump legal team for a special master to review the documents seized during this month’s search and to return to him certain seized property. U.S. District Judge Aileen Cannon is to hear arguments on the matter Thursday.

Trump’s lawyers said in a Wednesday night filing that a special master was needed in the name of fairness, saying that “left unchecked, the DOJ will impugn, leak, and publicize selective aspects of their investigation.”

Cannon on Saturday said it was her “preliminary intent” to appoint such a person but also gave the Justice Department an opportunity to respond.

On Monday, the department said it had already completed its review of potentially privileged documents and identified a “limited set of materials that potentially contain attorney-client privileged information.” It said Tuesday that a special master was therefore unnecessary and that the presidential records that were taken from the home do not belong to Trump.

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WASHINGTON (AP) — The House committee investigating the Jan. 6 insurrection at the Capitol has agreed to defer its attempt to get hundreds of pages of records from the Trump administration, holding off at the request of the Biden White House.

The deferral is in response to concerns by the Biden White House that releasing all the Trump administration documents sought by the committee could compromise national security and executive privilege.

President Joe Biden has repeatedly rejected former President Donald Trump’s blanket efforts to cite executive privilege to block the release of documents surrounding that day. But Biden’s White House is still working with the committee to shield some documents from being turned over.

Trump is appealing to the Supreme Court to try to block the National Archives and Records Administration, which maintains custody of the documents from his time in office, from giving them to the committee.

The agreement to keep some Trump-era records away from the committee is memorialized in a Dec. 16 letter from the White House counsel’s office. It mostly shields records that do not involve the events of Jan. 6 but were covered by the committee’s sweeping request for documents from the Trump White House about the events of that day.

Dozen of pages created Jan. 6 don’t pertain to the assault on the Capitol. Other documents involve sensitive preparations and deliberations by the National Security Council. Biden’s officials were worried that if those pages were turned over to Congress, that would set a troublesome precedent for the executive branch, no matter who is president.

Still other documents are highly classified and the White House asked Congress to work with the federal agencies that created them to discuss their release.

“The documents for which the Select Committee has agreed to withdraw or defer its request do not appear to bear on the White House’s preparations for or response to the events of January 6, or on efforts to overturn the election or otherwise obstruct the peaceful transfer of power,” White House deputy counsel Jonathan Su wrote in one of two letters to the committee obtained Tuesday by The Associated Press.

Su wrote that for the committee, withholding the documents “should not compromise its ability to complete its critical investigation expeditiously.”

Committee spokesman Tim Mulvey said: “The committee has agreed to defer action on certain records as part of the accommodations process, as was the case with an earlier tranche of records. The Select Committee has not withdrawn its request for these records and will continue to engage with the executive branch to ensure the committee gets access to all the information relevant to our probe.”

For the last several months the National Archives has been transmitting tranches of documents to the White House and to lawyers for Trump to determine whether they contain any privileged information. Trump has raised both broad objections to the release of the documents as well as specific concerns about particular documents.

The National Archives has said that the records Trump wants to block include presidential diaries, visitor logs, speech drafts, handwritten notes “concerning the events of January 6” from the files of former chief of staff Mark Meadows, and “a draft Executive Order on the topic of election integrity.”

Biden has repeatedly rejected Trump’s claims of executive privilege over those documents, including in a letter sent Dec. 23 regarding about 20 pages of documents.

“The President has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified,” White House counsel Dana Remus reiterated in the latest letter.

Trump has taken to the courts to block the document releases. A federal appeals court ruled this month against Trump, and he has filed an appeal to the Supreme Court, though the high court has yet to decide whether to take up the case.

Judge Patricia Millett, writing for the court in the Dec. 9 opinion, said Congress had a “uniquely vital interest” in studying the events of Jan. 6 and Biden had made a “carefully reasoned” determination that the documents were in the public interest and that executive privilege should therefore not be invoked. Trump also failed to show any harm that would occur from the release of the sought-after records, Millett wrote.

“On the record before us, former President Trump has provided no basis for this court to override President Biden’s judgment and the agreement and accommodations worked out between the Political Branches over these documents,” the opinion stated.

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