Donald Trump’s Mar-a-Lago home searched by FBI: what to know
An escalation of the investigation into Donald Trump’s handling of classified White House documents.
FBI agents searched the Florida home of former President Donald Trump on August 8. Here’s what we know so far about the search – an escalation of the investigation into Mr Trump’s handling of classified White House documents.
Why did the FBI search the residence of former President Donald Trump?
People familiar with the search say it was part of a long-running investigation into whether White House records – some of them classified – were taken to Mar-a-Lago, Mr Trump’s private golf club and residence, when he left office.
Under a Watergate-era law known as the Presidential Records Act, such documents must be turned over to the National Archives and Records Administration at the end of each presidential administration.
Agents searched storage space at Mar-a-Lago and areas in Mr Trump’s personal residence, removing about 10 boxes, according to people familiar with the matter.
A federal magistrate judge in Florida approved the warrant authorizing the search. When applying for a search warrant, Federal Bureau of Investigation agents must present evidence of ongoing criminal activity at the location they intend to search.
Did the Justice Department hold earlier negotiations with Mr Trump over the documents?
Yes. The search came after months of negotiations over the documents – negotiations that at times appeared friendly.
In January, the National Archives retrieved 15 boxes of documents and other items from Mar-a-Lago, according to a letter the agency sent to Congress.
Mr Trump released a statement at the time calling the retrieval of boxes an “ordinary and routine process to ensure the preservation of my legacy.” The boxes contained some documents archives officials described only as “classified national security information,” prompting them to refer the matter to the Justice Department for investigation.
Monday’s search came after at least two rounds of attempts by investigators to secure documents at Mar-a-Lago through negotiations and a subpoena. After each, investigators realized additional classified documents remained at the resort, according to people familiar with the efforts.
Does Mr Trump face potential criminal charges?
A search warrant isn’t a formal accusation of wrongdoing. There are no criminal penalties for violating the Presidential Records Act, but there are multiple criminal statutes that cover the mishandling of government records.
One of those laws makes it a crime to knowingly take classified documents and hold them in an unauthorized location.
Mr Trump in 2018 stiffened the penalties for violating that law, making it a felony offense, carrying a penalty of up to five years in prison, rather than a misdemeanor.
What has Mr Trump said about the Mar-a-Lago search?
Mr Trump released a statement on Monday confirming the search and calling it prosecutorial misconduct and an attempt to keep him from running for president in 2024.
“Monday’s brazen raid was not just unprecedented, it was completely unnecessary,” Trump spokesman Taylor Budowich said. “President Trump and his representatives have gone to painstaking lengths in communicating and cooperating with all the appropriate agencies.”
Could Mr Trump argue he declassified the documents?
Some of Mr Trump’s allies have suggested a criminal case against him would be weak because as president he could declassify any documents he wanted.
“Every President has authority to declassify anything,” US Rep. Thomas Massie said on Twitter on Tuesday.
While a president has the power to declassify documents, there are federal regulations that lay out a process for doing so. Those rules must be followed for a declassification to become legally effective, said Dan Meyer, a national security lawyer at Tully Rinckey in Washington.
But once Mr Trump left office on January 20, 2021, he became bound by the same rules as other private citizens, Mr Meyer said.
How have Republicans and Democrats responded to the search?
Many prominent Republicans have rallied around the former president. They also have demanded an explanation from Attorney General Merrick Garland as well as criticized the operation as politically motivated overreach.
Prominent Democrats have said that they want the Justice Department to pursue its investigation wherever it leads without interference; the White House has been largely mum.
What happens next?
At a press conference on Thursday, Mr Garland said he filed a motion with the judge to unseal the search warrant, along with a list of property seized during the search. News organizations have submitted court filings asking for the public release of those materials.
It is unusual for Justice Department lawyers to file motions to unseal warrant materials, like they have done in this instance, said Brandon Van Grack, a former Justice Department national security lawyer now at Morrison & Foerster.
“Such motions are rarely made before charges are filed, largely because the person whose property was searched keeps the matter private,” said Mr Van Grack.
Ultimately, that decision about unsealing is up to federal US Magistrate Judge Bruce Reinhart, who approved the search warrant. Judge Reinhart asked for an update by Friday afternoon about whether Mr Trump intends to oppose the Justice Department’s request.
This explanatory article may be periodically updated.
The Wall Street Journal
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