U.S. Department of Justice

“ Among other requirements, in order for a person to obtain a security clearance allowing that person access to classified United States Government information, that person is required to and must agree to properly protect classified information by not disclosing such information to persons not entitled to receive it, by not unlawfully removing classified information from authorized storage facilities, and by not storing classified information in unauthorized locations. If a person is not eligible to receive classified information, classified information may not be disclosed to that person. ”

“ Pursuant to Executive Order 13526, classified information contained on automated information systems, including networks and telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store classified information must be maintained in a manner that: (1) prevents access by unauthorized persons; and (2) ensures the integrity of the information.
19. 32 C.F.R. Parts 2001 and 2003 regulate the handling of classified information. Specifically, 32 C.F.R. § 2001.43, titled “Storage,” regulates the physical protection of classified information. ”

“ The FBI’s investigation has established that documents bearing classification markings, which appear to contain National Defense Information (NDI) , were among the materials contained in the Fifteen Boxes and were stored at the Premises in an unauthorized location. ​ ​ ​ ​ ​ Further, there is probable cause to believe that additional documents that contain classified NDI or that are Presidential records subject to record retention requirements currently remain at the Premises. There is also probable cause to believe that evidence of obstruction will be found at the Premises. ”

“ If the Privilege Review Team determines the documents or data are not potentially attorney-client privileged, they will be provided to the law-enforcement personnel assigned to the investigation. If at any point the law-enforcement personnel assigned to the investigation subsequently identify any data or documents that they consider may be potentially attorney-client privileged, they will cease the review of such identified data or documents and refer the materials to the Privilege Review Team for further review by the Privilege Review Team. ”

“ Where such unauthorized disclosure could reasonably result in exceptionally grave damage to the national security, the information may be classified as “Top Secret” and must be properly safeguarded.
11. Sensitive Compartmented Information (SCI) means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems. ”

“ We request that DOJ adhere to long-standing policies and procedures regarding communications between DOJ and the White House regarding pending investigative matters which are designed to prevent political influence in DOJ decision-making. ”

“ Squillacote, 221 F.3d 542, 579 (4th Cir. 2000) “ [I] nformation made public by the government as well as information never protected by the government is not national defense information.”) ; United States v. Morison, 844 F.2d 1057, 1071–72 (4th Cir. 1988) . Certain courts have also held that the disclosure of the documents must be potentially damaging to the United States. ”