Witness in Trump’s classified documents case asked FBI not to record interview

A witness who spoke to federal investigators in their probe of how documents with classification markings ended up at former president Donald Trump’s Palm Beach, Florida home long after the end of his term in office was so afraid of repercussions for cooperating with the FBI that he asked agents not to record his voluntary interview.

According to a heavily-redacted copy of an FD-302 — an FBI form memorialising the contents of a witness interview — the witness, a former Trump White House official, spoke to investigators on 2 November 2022.

The investigators, including Department of Justice attorneys Jay Bratt and Julie Edelstein, advised the witness — referred to as “Person 16” in the redacted document — that it is unlawful to lie to federal investigators.

The FD-302 form states that after he acknowledged the warning, the witness “refused recording of the interview” even though he was told such behaviour would be “anomalous” because other witnesses had consented to being recorded.

Despite that caution from the government, the witness told investigators he “accepted ‘that risk’” because having his interview with FBI agents recorded would be “a far bigger risk to him in the Trump world”.

The heavily redacted document has been made public as a government exhibit attached to a court filing opposing Mr Trump’s effort to have the judge overseeing the felony case against him, US District Judge Aileen Cannon, order the government to produce materials which Mr Trump’s legal team hopes to mine for evidence of potential bias against the twice-impeached, four times indicted former president, who is currently on trial for allegedly falsifying business records in his former home state of New York.

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