The White House has criticized the Biden administration, accusing it of "weaponizing" the Department of Justice (DOJ) following the release of declassified documents. These documents reportedly show internal disagreements between the DOJ and the FBI's Washington Field Office (WFO) prior to the August 2022 raid on former President Donald Trump's Mar-a-Lago residence.
According to internal emails, FBI agents in the WFO expressed concerns that the DOJ, under then-Attorney General Merrick Garland, was not adequately responsive to their requests and was unwilling to consider alternatives to executing a search warrant at Trump's Florida property. Some agents reportedly doubted whether probable cause had been established for the raid, which occurred more than a year and a half after Trump left office.
One email dated May 24, 2022, outlined a proposed timeline for the investigation, targeting an early June date for the execution of a search warrant. However, a subsequent reply indicated a preference for resolving the matter without a raid, suggesting that a conversation with Trump's attorney might be preferable. This email noted that even if Trump's attorney argued the documents were declassified, they could still be considered sensitive and require proper securing.
Further internal communications from June 1-2, 2022, show the FBI exploring potential off-ramps from the investigation. An agent suggested that a "reasonable conversation with the former President's attorney... ought not to be discounted." The same email pointed out that if the goal was a swift recovery of documents, the time spent focusing on probable cause for a search warrant had been counterproductive.
By July 13, 2022, less than a month before the raid, an assistant special agent in charge of the WFO stated directly that the FBI did not believe probable cause had been established for the search warrant at Mar-a-Lago. The agent also implied that the DOJ's fixation on obtaining a warrant might have been counterproductive to the goal of quickly recovering classified documents, suggesting alternative steps like re-interviewing Trump's attorney.
DOJ-appointed Special Counsel Jack Smith led the investigation into the alleged retention of classified materials at Mar-a-Lago. Trump has pleaded not guilty to all charges, which include willful retention of national defense information, conspiracy to obstruct justice, and making false statements. A superseding indictment later added more charges, including an additional count of willful retention of national defense information and two obstruction counts, to which Trump also pleaded not guilty.
Other declassified documents also revealed that the FBI under the Biden administration tracked the travel of the Trump family, including White House Chief of Staff Susie Wiles and Barron and Melania Trump.