The Mar-a-Lago Search Warrant: A Legal Introduction. Update August 29, 2022

"The Federal Bureau of Investigation (FBI) recently executed a search warrant at former President Donald Trump’s Mar-a-Lago property in Palm Beach, Florida. A magistrate judge of the U.S. District Court for the Southern District of Florida later unsealed the warrant at the Department of Justice’s request, which the former President did not oppose. The warrant authorized government officials to seize all “documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation” of three federal statutes—18 U.S.C. §§ 793, 2071, and 1519. In addition to the warrant itself and its attachments, the court unsealed other material related to the search, including the cover sheet to the warrant application, an inventory of property seized, and a redacted version of the affidavit supporting the warrant. Former President Trump filed a separate action asking the court, among other things, to appoint a special master to oversee the government’s handling of the seized material.

This Sidebar describes the process for and implications of obtaining a search warrant. It then examines the criminal offenses identified in the Mar-a-Lago warrant. Finally, this Sidebar analyzes presidential authority to declassify documents and the role of declassification for the crimes at issue..."
Mar-a-Lago Search Warrant 

New Documents Show Trump Repeatedly Pressed DOJ to Overturn Election Results Before Inciting Capitol Attack

"Today, Rep. Carolyn B. Maloney, the Chairwoman of the Committee on Oversight and Reform, released new documents showing President Trump’s efforts to pressure the Department of Justice (DOJ) to overturn the lawful results of the 2020 presidential election.  At 2:00 p.m., the Committee will hold its second hearing on the events of January 6, 2021, in which insurrectionists stormed the U.S. Capitol to disrupt a joint session of Congress convened to count Electoral College votes.

 

“These documents show that President Trump tried to corrupt our nation’s chief law enforcement agency in a brazen attempt to overturn an election that he lost,” Chairwoman Maloney said.  “Those who aided or witnessed President Trump’s unlawful actions must answer the Committee’s questions about this attempted subversion of democracy.  My Committee is committed to ensuring that the events leading to the violent January 6 insurrection are fully investigated.”

 

On May 21, 2021, the Committee sent a letter to DOJ requesting documents relating to President Trump’s efforts to overturn the results of the 2020 election prior to the January 6 attack. 

 

Documents obtained by the Committee in response to this letter show that in December 2020 and early January 2021, President Trump, his Chief of Staff, and outside allies repeatedly put pressure on senior DOJ officials to challenge the results of the presidential election and advance unsubstantiated allegations of voter fraud, with the apparent goal of keeping President Trump in power despite losing the 2020 election.

 

President Trump Sent Bogus Election Fraud Claims to Top DOJ Officials Minutes Before Announcing Their Promotions to the Top Two Spots in the Department

 

• On December 14, 2020—the day electors in each state certified the Electoral College votes—President Trump’s White House Assistant sent an email with the subject “From POTUS” to then-Deputy Attorney General Jeffrey Rosen.  The email attached materials about alleged voter fraud in Antrim County, Michigan, including “talking points” that asserted, “a Cover-up is Happening regarding the voting machines in Michigan,” and, “Michigan cannot certify for Biden.”

 

• Just two minutes after President Trump’s assistant sent these documents to Mr. Rosen, then-Principal Associate Deputy Attorney General Richard Donoghue, through his assistant, sent the same documents to the U.S. Attorneys for the Eastern and Western Districts of Michigan. 

 

• Approximately 40 minutes after sending this phony voter fraud information, President Trump tweeted that Attorney General Barr—who had said publicly that he had not seen widespread election fraud—would be stepping down, that Mr. Rosen would serve as Acting Attorney General, and that Mr. Donoghue would serve as Acting Deputy Attorney General..."
  Trump and Election results