Home Government Report: FBI Boubted Probable Cause For Mar-a-Lago Raid, Pushed Ahead Under Biden’s...

Report: FBI Boubted Probable Cause For Mar-a-Lago Raid, Pushed Ahead Under Biden’s Pressure

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Marine One lifts-off after returning President Donald J. Trump to Mar-a-Lago Friday, March 29, 2019, following his visit to the 143-mile Herbert Hoover Dike near Canal Point, Fla., that surrounds Lake Okeechobee. The visit was part of an infrastructure inspection of the dike, which is part of the Kissimmee-Okeechobee Everglades system, and reduces impacts of flooding for areas of south Florida. (Official White House Photo by Joyce N. Boghosian) [Photo Credit: The White House from Washington, DC, Public domain, via Wikimedia Commons]

Newly declassified documents reviewed by Fox News Digital show that FBI officials repeatedly questioned whether they had probable cause to raid President Donald Trump’s Mar-a-Lago home in 2022—yet the operation moved forward under pressure from the Biden Justice Department. One DOJ official reportedly dismissed concerns about political optics, saying he did not “give a damn about the optics” of the search.

Fox News Digital obtained internal email exchanges between FBI and DOJ personnel from the months leading up to the unprecedented raid. The emails reveal deep internal hesitation about whether the facts supported such an intrusive action against a former president.

In one email, an assistant special agent in charge wrote to colleague Anthony Riedlinger:

“Very little has been developed related to who might be culpable for mishandling the documents. 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.”

He continued, explaining that the Washington Field Office was struggling to build a reliable affidavit:

“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. DOJ CES opines, however, that the SW’s meet the probable cause standard.”

The agent also suggested pursuing a voluntary approach rather than immediately resorting to a search warrant:

“Even as we continue down the path towards a search warrant, WFO believes that a reasonable conversation with the former president’s attorney…ought not to be discounted.”

He added that even if Trump believed the documents were declassified, they could still be secured cooperatively:

“At a minimum… it can be reasonably argued that the documents remain sensitive and should be properly secured until the matter of classification is sorted out.”

Weeks later, another agent expressed frustration that the FBI still lacked new evidence:

“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? It is time consuming for the team, and not productive if there are no new facts supporting PC (probable cause)?”

Another internal message was even more direct:

“WFO does 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.”

Despite the FBI’s objections, the DOJ insisted probable cause existed and pushed for a broad search scope.

The FBI also warned leadership that a raid would likely be “counterproductive” and recommended “alternative, less intrusive and likelier quicker options for resolution.” Those concerns were ultimately overruled.

On Aug. 4, 2022—days before the raid—one agent described the plan:

“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.”

Nevertheless, the August 2022 raid went ahead, leading to the seizure of boxes of materials that included documents potentially protected by attorney-client and executive privilege. Trump’s attorneys said they were not allowed to observe the search and questioned how agents were determining which items belonged to Trump personally.


Deadly Force Policy Included in DOJ’s Operations Order

Fox News previously reported that the Biden administration authorized standard DOJ “use of deadly force” language in the operations order for the raid—language also used when searching President Joe Biden’s home in a separate classified documents review.

According to a court filing, the operations order stated:

“Law Enforcement officers of the Department of Justice may use deadly force when necessary.”

The order also showed that agents planned to bring:

“Standard Issue Weapons,” “Ammo,” “Handcuffs,” and “medium and large sized bolt cutters,”

while being instructed to wear “unmarked polo or collared shirts” and keep “law enforcement equipment concealed.”


Legal Aftermath

Special Counsel Jack Smith ultimately charged Trump with 37 felony counts related to alleged improper retention of classified material, later adding three more counts in a superseding indictment. Trump pleaded not guilty to all charges. After Trump won the 2024 presidential election, Smith dropped the case.

This is a breaking news story. Please check back for updates.

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