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EXCLUSIVE: The FBI did not believe it had probable cause to raid President Donald Trump’s Mar-a-Lago home in 2022, but moved forward amid pressure from the Biden Justice Department, with an official saying he didn’t “give a damn about the optics” of the search, newly declassified documents reviewed by Fox News Digital reveal.
Fox News Digital reviewed emails between FBI and Justice Department officials in the months leading up to the August 2022 raid of Mar-a-Lago, with FBI officials expressing concerns about a lack of probable cause to execute the search warrant on the then-former president’s residence in Palm Beach, Florida.
President Donald Trump’s Mar-a-Lago resort in Palm Beach, Florida. (Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images)
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“Very little has been developed related to who might be culpable for mishandling the documents,” an FBI official serving as an assistant special agent in charge, wrote to another FBI official, Anthony Riedlinger. “From the interviews, WFO has gathered information suggesting that there may be additional boxes (presumably of the same type as were sent back to NARA in January) at Mar-a-Lago.”
“WFO has been drafting a search warrant affidavit related to these potential boxes, but has some concerns that the information is single source, has not been corroborated, and may be dated,” the official continues. “DOJ CES opines, however, that the SW’s meet the probable cause standard.”
“Even as we continue down the path towards a search warrant, WFO believes that a reasonable conversation with the former president’s attorney, (stating that the FBI and DOJ are readying a search warrant, and have developed information that there are more documents at Mar a Lago), ought not to be discounted,” the official wrote.
Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Tuesday, Sept. 24, 2024, in Washington. (Mark Schiefelbein/The Associated Press)
“At a minimum, even if the former president’s attorney is correct and the documents were all declassified (or believed to be declassified), it can be reasonably argued that the documents remain sensitive and should be properly secured until the matter of classification is sorted out,” the official continued. “This conversation could easily be accomplished at the same time that WFO presses forward with the investigation and continues building out the search warrant.”
Weeks later, an FBI agent writes an email stating: “We haven’t generated any new facts, but keep being given draft after draft after draft.”
“Absent a witness coming forward with recent information about classified on site, at what point is it fair to table this?” the agent writes. “It is time consuming for the team, and not productive if there are no new facts supporting PC (probable cause)?”
Another email revealed that the FBI’s Washington Field Office did “not believe (and has articulated to DOJ CES), that we have established probable cause for the search warrant for classified records at Mar a Lago.”
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“DOJ has opined that they do have probable cause, requesting a wide scope including residence, office, storage space,” an agent wrote.
The FBI believed that a raid would be “counterproductive,” and suggested “alternative, less intrusive and likelier quicker options for resolution” to reclaim any potential classified records.
The process moved forward, regardless of concerns.
Another email on Aug. 4, 2022, revealed the plan for the execution of the warrant.
President Donald Trump and first lady Melania Trump attend a ceremony to commemorate the 24th anniversary of the 9/11 attacks, Thursday, Sept. 11, 2025, at the Pentagon in Washington. Trump revealed at the ceremony that Charlie Kirk will be receiving the Presidential Medal of Freedom. (AP/Evan Vucci)
“The FBI intends for the execution of the warrant to be handled in a professional, low key manner, and to be mindful of the optics of the search,” an agent writes.
The agent quotes then-Deputy Assistant Attorney General George Toscas in a meeting.
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“Since we heard Mr. Toscas say yesterday in the call that he ‘frankly doesn’t give a damn about the optics’ and Mr. Bratt has already built an antagonistic relationship with (Trump) attorneys…I think it is more than fair to say that the DOJ contact with (Trump attorney) just prior to the execution of the warrant will not go well. DOJ said as much yesterday,” the agent writes. “I also think that it is fair to say that if FBI calls, having in mind officer safety, to the optics of the search, and the desire to conduct this search in a professional and low key manner, there is a far better chance that the execution will go more smoothly and we may actually gain some measure of cooperation, which could go some way to resolving the mishandling of classified records investigation that is being conducted.”
The agent added: “I understand that this request may not go well at DOJ, however, it is the FBI serving and executing the search and it will be our personnel who will have to deal with the reaction to that first contact.”
The FBI, in August 2022, raided Trump’s Mar-a-Lago, executing the search warrant as part of an investigation into his alleged improper retention of classified records after leaving the White House.
Fox News Digital reported in 2024 that the Biden administration authorized the use of deadly force during the FBI’s raid on Mar-a-Lago. That language was also used during the search of then-President Joe Biden’s residence for potential classified documents in 2023.
An “Operations Order” produced in discovery as part of Special Counsel Jack Smith’s investigation into Trump’s alleged improper retention of classified records revealed that the “FBI believed its objective for the Mar-a-Lago raid was to seize ‘classified information, NDI, and US Government records,’” as described in the search warrant.
Police on standby at the approach to Mar-a-Lago in Palm Beach on Monday night, Aug. 9, 2022, as supporters of former President Donald Trump turn out after an FBI raid of the former president’s residence earlier in the day. (Nicholas Nehamas/Miami Herald/Tribune News Service via Getty Images)
The order, according to a court filing, contained a “Policy Statement” regarding “Use of Deadly Force,” which stated, for example, “Law Enforcement officers of the Department of Justice may use deadly force when necessary.”
According to the filing, the DOJ and FBI agents “planned to bring ‘Standard Issue Weapons,’ ‘Ammo,’ ‘Handcuffs,’ and ‘medium and large sized bolt cutters,’ but they were instructed to wear ‘unmarked polo or collared shirts’ and to keep ‘law enforcement equipment concealed.”
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Fox News Digital first reported that during the raid, FBI agents seized boxes of documents containing records and materials potentially protected by attorney-client and executive privilege, leading to legal disputes over the handling of those documents by a taint team.
Trump attorneys, at the time, told Fox News Digital they were not permitted into the rooms as FBI agents conducted the search, raising major concerns about the procedures surrounding the raid. Attorneys said that the FBI agents executing the search were in no position to decide unilaterally where to search and what were Trump’s personal records and what were not.
Trump was charged out of former Special Counsel Jack Smith’s investigation into his retention of classified materials. Trump pleaded not guilty to all 37 felony charges from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice, and false statements.
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Trump also was charged with an additional three counts as part of a superseding indictment out of the investigation: an additional count of willful retention of national defense information and two additional obstruction counts.
Trump pleaded not guilty. The charges were dropped by Smith after Trump won the 2024 presidential election.
This is a developing story. Please check back for updates.
