Newly declassified FBI records provided to Congress are reigniting debate over the 2022 search of President Donald Trump’s Mar-a-Lago estate, revealing that senior bureau officials repeatedly questioned whether the legal standard for an unprecedented raid had been met.
The disclosures are drawing renewed scrutiny from lawmakers examining actions taken by the Biden Justice Department (DOJ) during the investigation.
Internal communications reviewed by Fox News Digital and Just the News show that FBI officials expressed sustained concern in the weeks before the August 2022 search, warning that evidence supporting probable cause was limited and in some cases unverified.
Despite those reservations, DOJ leadership continued pressing forward with plans to seek and execute a search warrant at Trump’s private residence.
A June 1, 2022 memorandum from the FBI’s Washington Field Office stated that numerous interviews had yielded little clarity about who may have mishandled documents.
The memo noted that claims suggesting additional records remained at Mar-a-Lago were based largely on single-source information and lacked corroboration, raising concerns about the reliability of the evidence being used to justify a search.
That same memo cautioned that draft search warrant affidavits relied on information that “has not been corroborated, and may be dated,” even as DOJ’s Counterintelligence and Export Control Section maintained that the probable cause threshold had been met.
FBI officials proposed alternative approaches, including renewed discussions with Trump’s legal team, arguing that less intrusive measures could secure sensitive materials without escalating tensions.
Disagreements intensified in July 2022.
In a July 12 email, an FBI agent wrote that the bureau was “not in agreement” with DOJ regarding probable cause, particularly for searching Trump’s personal office and bedroom.
The agent warned that uncertainty over the contents of storage boxes and the recency of the information undermined the justification for a broad search of the property.
A subsequent July 20 email reinforced those objections, stating that the Washington Field Office did not believe probable cause had been established for a search warrant at Mar-a-Lago.
The agent warned that weeks spent fixated on forcing a warrant had been “counterproductive” if the goal was to quickly recover documents to protect national security.
Despite internal warnings, planning for the operation continued.
An August 4, 2022 email outlined efforts to carry out the search in a “professional, low key manner,” while quoting then–Deputy Assistant Attorney General George Toscas as saying he “frankly doesn’t give a damn about the optics.”
FBI officials cautioned that DOJ’s aggressive posture risked unnecessary confrontation and safety concerns.
The FBI executed the search days later with authorization from then–Attorney General Merrick Garland. Operational plans allowed agents to carry standard-issue weapons and included standard language regarding the potential use of deadly force.
Agents seized boxes containing materials that Trump’s attorneys later said included potentially privileged documents, prompting disputes over search procedures and taint team reviews.
The records were declassified and released to Congress after approval from Attorney General Pam Bondi and FBI Director Kash Patel.
Senate Judiciary Committee Chairman Chuck Grassley called the revelations “shocking,” stating that the FBI “did not believe it had probable cause” and labeling the raid “a miscarriage of justice.”
The documents were provided ahead of a closed-door deposition by former Special Counsel Jack Smith.
Smith, appointed after the raid, later charged Trump with multiple felony counts related to classified documents.
Trump pleaded not guilty, and in July 2024, Judge Aileen Cannon dismissed the case, ruling Smith had been unlawfully appointed.
Smith later dropped his appeal following Trump’s victory in the 2024 presidential election, bringing the case to a close.
