US Court Releases Redacted Affidavit Underpinning Search of Trump's Mar-a-Lago Residence
16:14 GMT 26.08.2022 (Updated: 19:03 GMT 26.08.2022)
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Former US President Donald Trump's residence in Florida was suddenly raided by the FBI on August 8 – the first time in US history that a former president's home had been searched in such a manner. The ex-POTUS condemned the raid and urged authorities to unseal the warrant for the search.
The US Department of Justice (DOJ) on Friday published a redacted version of the affidavit used to obtain the search and seizure warrant for the August 8 raid on Mar-a-Lago by the FBI.
In the affidavit, which was written by a Special Agent with the FBI assigned to the Washington Field Office, it notes that the US government is "conducting a criminal investigation concerning the improper removal and storage of classified information in unauthorized spaces, as well as the unlawful concealment or removal of government records."
According to the filing, the August 8 raid was set in motion by a February inquiry about if the National Archives and Records Administration (NARA) had retrieved all classified information kept at Mar-a-Lago when it took 15 boxes of documents in January.
"[T]here is probable cause to believe that additional documents that contain classified NDI or that are Presidential records subject to record retention requirements currently remain at the premises. There is also probable cause to believe that evidence of obstruction will be found at the premises," the affidavit says.
In May, FBI agents conducted a “preliminary review” of the 15 boxes of files NARA retrieved in January, according to the affidavit. They found 184 documents marked “classified”; 67 marked “confidential”; 92 marked “secret”; and 25 marked “top secret.”
FILE - This is an aerial view of President Donald Trump's Mar-a-Lago estate, Aug. 10, 2022, in Palm Beach, Fla.
© AP Photo / Steve Helber
In addition, they found documents marked HCS (human intelligence), ORCON (originator controlled), NOFORN (only US citizens), SI (special intelligence), and FISA (Foreign Intelligence Surveillance Act). Many of the documents contained handwritten notes on them in Trump's handwriting, the FBI agent noted in the affidavit.
In documents also released on Friday, the US District Court for the Southern District of Florida revealed that "the materials the government marked for redaction in the attached document must remain sealed to protect the safety and privacy of a significant number of civilian witnesses, in addition to law enforcement personnel, as well as to protect the integrity of the ongoing investigation and to avoid disclosure of grand jury material in violation of the Federal Rules of Criminal Procedure."
"If witnesses' identities are exposed, they could be subjected to harms including retaliation, intimidation, or harassment, and even threats to their physical safety. As the Court has already noted, 'these concerns are not hypothetical in this case,'" the filing adds, citing threats made against FBI officers. Much of the text discussing the reasons the government should not release the affidavit are themselves redacted.
The affidavit's release comes after the warrant was published, which revealed a large number of classified files had been retrieved by the FBI, including from the highest levels of government secrecy. it also showed that the raid was made under suspicion that Trump had violated three sections of US law, including the Espionage Act, mishandling documents, and obstruction of justice.
“Affidavit heavily redacted!!! Nothing mentioned on ‘Nuclear,’ a total public relations subterfuge by the FBI & DOJ, or our close working relationship regarding document turnover - WE GAVE THEM MUCH [sic],” Trump said in a statement on his "Truth" social media site after the affidavit was published.
“Judge Bruce Reinhart should NEVER have allowed the Break-In of my home. He recused himself two months ago from one of my cases based on his animosity and hatred of your favorite President, me [sic],” Trump said, referring to the federal judge who authorized the warrant for the August 8 raid based on the affidavit. “Why hasn’t he recused himself on this case? [former US President Barack] Obama must be very proud of him right now!”
In the aftermath of the raid, Trump denounced it as "not necessary or appropriate,” claiming he was cooperating with government agencies prior to the raid. He called the FBI’s actions “prosecutorial misconduct, the weaponization of the Justice System, and an attack by Radical Left Democrats who desperately don’t want me to run for president in 2024.”
