Topline
A federal judge unsealed the search warrant for the FBI’s raid on former President Donald Trump’s Mar-A-Lago estate and related documents on Friday, after the Department of Justice and Trump’s attorneys greenlit their release, showing federal agents seized 20 additional boxes of government materials during the raid, including classified and “top secret” documents.
President Donald Trump’s Mar-a-Lago estate on August 10 in Palm Beach, Florida.
Key Facts
The documents, which the DOJ asked to be released Thursday, include the search warrant, two attachments to the document and a redacted document listing items that were seized during the Mar-A-Lago search.
The documents detail that 20 boxes of materials were taken during the raid, along with “various” classified materials; miscellaneous secret, top secret and confidential documents; photos; a handwritten note; the executive grant of clemency for Trump ally Roger Stone and “info re: President of France.”
An attachment also notes federal investigators were seizing any items that were “illegally possessed in violation of” three federal statutes, which includes the Espionage Act.
The FBI’s warrant granted them access to search the “45 Office” at Mar-A-Lago, along with storage rooms and anywhere that’s “used or available to be used by [Trump] and his staff” where materials could be stored, and investigators did not seek access to any guest rooms or suites at the resort.
Trump said in a statement late Thursday he was “encouraging the immediate release” of the documents, even as he continued to claim the FBI raid was “unAmerican [sic], unwarranted and unnecessary,” but he could have released the warrant the FBI provided during the search himself.
Surprising Fact
Though the Washington Post reported investigators conducted the raid in part looking for classified documents involving nuclear material, that may not be reflected on the warrant, which would not disclose any classified information. The Wall Street Journal, which first reported the contents of the search warrant before they were unsealed, noted the documents labeled “top secret” on the list are “meant to be only available in special government facilities.”
What We Don’t Know
What punishments Trump will face, if any. An attachment to the search warrant documents states FBI investigators are looking into whether Trump violated the Espionage Act, which prohibits the mishandling of national security documents; a federal statute that bars the “concealment, removal or mutilation” of government property and a statute that makes it illegal to destroy or falsify any materials “with the intent to impede, obstruct, or influence” governmental matters or investigations. The potential punishments if Trump’s found guilty range from fines to maximum prison sentences of between three and 20 years, depending on the statute. Trump is unlikely to be barred from holding future office and running for president in 2024, even though the federal statute prohibiting removing government property lists that as a punishment, as legal scholars largely believe he wouldn’t be subject to that consequence.
Key Background
The FBI raided Mar-A-Lago on Monday and conducted a search of the premises as part of a broader investigation into the documents Trump took back with him to his Florida estate after he completed his term as president. The National Archives first reported in February that it had “arranged for the transport of” 15 boxes from Mar-A-Lago, which it later revealed included classified information, and the Archives asked the DOJ to investigate the matter. The raid took place as investigators sought to discover whether anything hadn’t been turned over and reportedly after issuing subpoenas for documents and being tipped off by someone familiar with the documents that there were more left behind. FBI agents ultimately seized approximately 12 boxes as part of the raid on Monday, Trump’s attorney Christina Bobb said, lower than the number reported in the search warrant. The search warrant and what it says has become increasingly important in the wake of the raid, particularly as Republicans have attacked the FBI investigation and called on the DOJ to provide greater transparency about why it was conducted.
Further Reading
Justice Department Requests Mar-A-Lago Search Warrant Be Made Public (Forbes)
How agents get warrants like the one used at Mar-a-Lago, and what they mean (Washington Post)
Here’s What To Know About Trump’s Document Controversy That Led To Mar-A-Lago Raid (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2022/08/12/federal-search-warrant-released-in-fbis-trump-mar-a-lago-raid/