Trump Team Tries Deranged New Argument on Classified Documents Case

The Trump administration is trying to claim that the FBI believed it didn’t have probable cause to search Donald Trump’s Mar-a-Lago estate in 2022, citing a Fox News article claiming to have declassified emails. 

White House press secretary Karoline Leavitt posted the article on X Tuesday, calling it a “story that matters.” The article claims that the FBI was hesitant to search the estate of the then-former president for missing classified documents, but was pushed by the Department of Justice at the time. 

One email reportedly states that at one point, the FBI’s Washington Field Office did “not believe (and has articulated to [DOJ]), that we have established probable cause for the search warrant for classified records at Mar a Lago.” Another email states that the bureau thought a raid would be “counterproductive,” suggesting “alternative, less intrusive and likelier quicker options for resolution” to recover the documents at the heart of the case.

It’s not surprising that the White House would want to highlight this article, because it makes the Biden administration look like it was pushing for a raid over the objections of federal law enforcement. But the search of Mar-a-Lago, which a federal judge signed a warrant for, ultimately undermines that argument. 

Classified documents were found all over the estate, including in the ballroom, bathroom and shower, an office, Trump’s bedroom, and a storage room, according to special counsel Jack Smith’s indictment. Agents allegedly found documents from seven government agencies, including the Central Intelligence Agency, Department of Defense, National Security Agency, and State Department. 

The August 2022 search recovered 102 documents, including 17 classified as “Top Secret,” 54 as “Secret,” and 31 as “Confidential.” The indictment at the time quotes one of Trump’s attorneys saying that Trump allegedly said, “I don’t want anybody looking, I don’t want anybody looking through my boxes, I really don’t,” and, “What happens if we just don’t respond at all or don’t play ball with them?” 

One of Trump’s own lawyers specifically brought on to handle the classified documents case, Evan Corcoran, quit his job while the case was still ongoing in April last year. Trump and his aides allegedly misled Corcoran and encouraged him to lie to the DOJ. 

All of this may have been damning for Trump had the case actually gone to trial instead of being repeatedly undermined by Trump-appointed Judge Aileen Cannon, who ultimately dismissed the case in July 2024 on the spurious grounds that Smith’s appointment was unconstitutional. Following Trump’s election victory, Smith moved to have the case dismissed without prejudice, meaning it can be reopened once Trump leaves office in 2029. 

That might be why the Trump administration is trying to undermine what at one point seemed like the clearest case of Trump breaking the law. Trump not only wants to escape justice, but also wants anyone who prosecuted him punished and his record completely clean. Unfortunately for Trump, the evidence against him is well-documented, no matter how much he wants to whine about it.