Declassified internal emails reveal FBI agents privately questioned whether they had sufficient probable cause before the August 2022 Mar‑a‑Lago search, noting evidence appeared single‑sourced and not fully corroborated. DOJ lawyers concluded the warrants met the probable cause standard and pushed for broad search authority, despite FBI proposals for less intrusive options and outreach to Trump’s attorneys. The resulting operation included planning around optics and use‑of‑force protocols, seized boxes that raised privilege disputes, and became part of Special Counsel Jack Smith’s subsequent investigation.
Declassified Emails: FBI Raised Probable‑Cause Concerns Before Mar‑a‑Lago Raid, DOJ Pushed Ahead
FBI doubted probable cause for Mar-a-Lago raid but pushed forward amid pressure from Biden DOJ, emails reveal
Newly declassified internal emails reviewed by Fox News Digital show that several FBI agents privately questioned whether investigators had established sufficient probable cause before executing the August 2022 search of former President Donald Trump’s Mar‑a‑Lago residence. Despite those concerns, Department of Justice attorneys concluded the warrants met legal standards and the operation moved forward.
FBI Doubts Over Evidence and Strategy
Messages from the Washington Field Office (WFO) described the evidence as largely single‑sourced, not fully corroborated and possibly dated. One assistant special agent in charge wrote that "very little has been developed related to who might be culpable for mishandling the documents," while noting interviews suggested there could be additional boxes at Mar‑a‑Lago similar to those previously returned to the National Archives.
President Donald Trump's Mar-a-Lago resort in Palm Beach, Florida.
Several agents urged exploring less intrusive options and recommended notifying the former president’s attorneys to seek cooperation before resorting to a forced search. An agent questioned whether the matter should be paused absent a new witness or fresh facts, calling the effort time consuming and potentially unproductive without stronger support for probable cause.
DOJ Pushes For Broader Search Authority
DOJ’s Counterintelligence and Export Control Section (DOJ CES) assessed that the proposed search warrants met the probable cause standard and encouraged a broad scope — including residence, office and storage areas. That difference in assessment between DOJ lawyers and some FBI personnel is a central element in the newly released correspondence.
Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Sept. 24, 2024, in Washington.
Operational Planning And Optics
An Aug. 4, 2022 email describes planning guidance for executing the warrant: the FBI intended a professional, low‑key approach and to be mindful of optics. The same exchange quotes then‑Deputy Assistant Attorney General George Toscas as saying he "frankly doesn’t give a damn about the optics," and cautioned that prior DOJ contacts with Trump’s attorneys had been antagonistic.
"If FBI calls, having in mind officer safety, to the optics of the search... there is a far better chance that the execution will go more smoothly and we may actually gain some measure of cooperation," an agent wrote.
Use Of Force, Equipment And Conduct
Discovery filings related to Special Counsel Jack Smith’s investigation included an Operations Order describing the objective of seizing "classified information, NDI, and US Government records." The order also contained a policy statement on "Use Of Deadly Force," noting that Department of Justice law enforcement officers may use deadly force when necessary. Court filings indicated agents planned to bring standard weapons, ammunition, handcuffs and bolt cutters, while being instructed to wear unmarked collared shirts and keep law enforcement equipment concealed.
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.
Privilege Disputes And Legal Aftermath
During the execution, FBI agents seized boxes that Trump’s attorneys later said contained potentially privileged material, prompting disputes and the use of a taint team to review possibly privileged items. Trump was indicted by Special Counsel Jack Smith on multiple counts related to the alleged retention of classified materials and obstruction; he pleaded not guilty to those charges. The article notes the charges were later dropped by Smith after Trump won the 2024 presidential election.
These declassified emails illuminate internal disagreements over legal sufficiency and tactical choices, showing tension between FBI field concerns and DOJ legal assessments that ultimately led to the search. The documents continue to fuel debate over the decision to execute the warrant and how the operation was handled.
