AGENTS SEARCH TRUMP’S FLORIDA ESTATE
Focus appears to be on material taken from White House
Former President Donald Trump said Monday that the FBI had searched his Palm Beach, Fla., home and had broken open a safe — an account signaling a major escalation in the various investigations into the final stages of his presidency.
The search, according to multiple people familiar with the investigation, appeared to be focused on material that Trump had brought with him to Mar-a-Lago, his private club and residence, when he left the White House. Those boxes contained many pages of classified documents, according to a person familiar with their contents.
Trump delayed returning 15 boxes of material requested by officials with the National Archives for many months, only doing so when there became a threat of action to retrieve them. The case was referred to the Justice Department by the archives early this year.
The search marked the latest turn in the long-running investigations into Trump’s actions before, during and after his presidency — as he weighs announcing another candidacy for the White House.
It came as the Justice Department has stepped up its separate inquiry into Trump’s efforts to remain in office after his defeat at the polls in the 2020 election and as the former president also faces an accelerating criminal inquiry in Georgia and civil actions in New York.
Trump has long cast the FBI as a tool of Democrats who have been out to get him, and the search set off a furious reaction among his supporters in the Republican Party and on the far right of American politics.
The FBI would have needed to convince a judge that it had probable cause that a crime had been committed, and that agents might find evidence at Mara-Lago, to get a search warrant. Proceeding with a search on a former president’s home would almost surely have required signoff from top officials at the FBI and the Justice Department.
The search, however, does not mean prosecutors have determined that Trump committed a crime.
An FBI representative
declined to comment, as did Justice Department officials. FBI Director Christopher Wray was appointed by Trump.
Trump was in the New York area at the time of the search. Eric Trump, one of his sons, told Fox News that he was the one who informed his father that the search was taking place.
Donald Trump, who campaigned for president in 2016 criticizing Hillary Rodham Clinton’s practice of maintaining a private email server for government-related messages while she was secretary of state, was known throughout his term to rip up official material that was intended to be held for presidential archives. One person familiar with his habits said that included classified material that was shredded in his bedroom and elsewhere.
The search was at least in part for whether any records remained at the club, a person familiar with it said. It took place Monday morning, the person said, although Trump claimed agents were still there many hours later.
“After working and cooperating with the relevant Government agencies, this unannounced raid on my home was not necessary or appropriate,” Trump said, maintaining it was an effort to stop him from running for president in 2024. “Such an assault could only take place in broken, Third-World Countries.”
“They even broke into my safe!” he wrote.
Aides to President Joe Biden said they were stunned by the development and learned of it from Twitter.
The search came as the Justice Department has also been stepping up questioning of former Trump aides who had been witnesses to discussions and planning in the White House of Trump’s efforts to overturn his election loss.
Trump has been the focus of questions asked by federal prosecutors in connection with a scheme to send “fake” electors to Congress for the certification of the Electoral College. The House committee investigating the Jan. 6, 2021, attack on the Capitol also continues its work and is interviewing witnesses this week.
The Presidential Records Act, which is the law governing the preservation of White House materials, lacks teeth, but criminal statutes can come into play, especially in the case of classified material.
Criminal codes, which carry jail time, can be used to prosecute anyone who “willfully injures or commits any depredation against any property of the United States” and anyone who “willfully and unlawfully conceals, removes, mutilates, obliterates or destroys” government documents.
Sandy Berger, a national security adviser to President Bill Clinton, pleaded guilty in 2015 to a misdemeanor charge for removing classified material from a government archive. In 2007, Donald Keyser, an Asia expert and former senior State Department official, was sentenced to prison after he confessed to keeping more than 3,000 sensitive documents — ranging from the classified to the top secret — in his basement.
In 1999, the CIA announced it had suspended the security clearance of its former director, John Deutch, after concluding that he had improperly handled national secrets on a computer at his home.
This past January, the archives retrieved 15 boxes that Trump took with him to Mar-a-Lago from the White House residence when his term ended. The boxes included material subject to the Presidential Records Act, which requires that all documents and records pertaining to official business be turned over to the archives.
The archives did not describe the classified material it found other than to say that it was “classified national security information.”
Because the National Archives “identified classified information in the boxes,” the agency “has been in communication with the Department of Justice,” David Ferriero, national archivist, told Congress at the time.
Federal prosecutors subsequently began a grand jury investigation, according to two people briefed on the matter. Prosecutors issued a subpoena this year to the archives to obtain the boxes of classified documents, according to the two people familiar with the matter, who spoke on condition of anonymity because of the ongoing investigation.
The authorities also made interview requests to people who worked in the White House in the final days of Trump’s presidency, according to one of the people.
In the spring, a small coterie of federal agents visited Mar-a-Lago in search of some documents, according to a person familiar with the meeting. At least one of the agents was involved in counterintelligence, according to the person.
The question of how Trump has handled sensitive material he received as president loomed throughout his time in the White House, and beyond.
He was known to rip up pieces of official paper that he was handed, forcing officials to tape them back together. And an upcoming book by a New York Times reporter reveals that staff members would find clumps of torn-up paper clogging a toilet, and believed he had thrown them in.
The question of how Trump handled classified material is complicated because as president he had the authority to declassify any government information. It is unclear whether Trump, before leaving office, had declassified materials the archives discovered in the boxes. Under federal law, he no longer maintains the ability to declassify documents after leaving office.