...
By Gabe Whisnant
News Editor
0
Share
Newsweek is a Trust Project member
See more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.
FBI Director Kash Patel on Tuesday responded to the release of internal FBI emails showing bureau officials raised early concerns about whether there was sufficient probable cause to search Donald Trump’s Mar-a-Lago estate, arguing that the documents highlight internal resistance to pursuing a raid.
The emails, released by Senate Judiciary Committee Chairman Chuck Grassley, detail deliberations in 2022, when Joe Biden was president, as the FBI and the Justice Department weighed how to recover classified documents believed to remain at Trump’s Florida home. The correspondence shows FBI officials urging prosecutors to consider less intrusive options, including working through Trump’s attorney, before seeking a search warrant.
Patel posted on X, "It’s true - we just turned over documents to Capitol Hill to be made public showing the FBI told DOJ they did not have probable cause for raiding President Trump’s home in Mar A Lago but DOJ 'didn’t give a damn' and did it anyway."
Read More on News
The Justice Department has not commented publicly on the document release. Newsweek has reached out to the DOJ via email on Tuesday night for comment.
...
Why It Matters
Trump was later charged by special counsel Jack Smith with offenses related to the handling of classified materials but pleaded not guilty. The charges were dropped in July 2024 when federal judge Aileen Cannon, who oversaw the case, issued the order on the grounds that special counsel Jack Smith was not properly appointed.
What To Know
Patel, a Trump ally who now leads the FBI, said the records demonstrate that agents warned the Justice Department that probable cause had not been firmly established and that pursuing a warrant could be counterproductive.
In a letter accompanying the production, the FBI told Grassley that the materials were provided in response to congressional oversight requests and related to the investigation into Trump’s handling of classified information after leaving office. The bureau said the documents were released with limited redactions to protect sensitive law enforcement and personal information and offered to brief lawmakers further.
The emails reveal that FBI officials in the Washington Field Office argued as early as June and July 2022 that Trump’s attorney, Evan Corcoran, had previously cooperated with investigators and represented the most effective path to securing the remaining records. Agents noted that weeks spent debating a search warrant had slowed efforts to recover classified materials and suggested renewed outreach to Corcoran could resolve the issue more quickly.
At the same time, the correspondence shows prosecutors pushing for a broad search, expressing concern that documents may have been moved throughout the Mar-a-Lago property. Justice Department officials resisted narrowing the scope of a potential warrant, citing uncertainty over where classified materials were stored.
The emails also reference internal discussions about other potential witnesses, including former White House chief of staff Mark Meadows, whom investigators believed could shed light on why records were transferred to Florida. Prosecutors drafted multiple versions of a warrant affidavit as they refined their approach.
Authorities ultimately obtained judicial approval to search Mar-a-Lago in August 2022. During the search, agents recovered more than 300 documents bearing classified markings. Prosecutors later alleged that Trump directed aides to move boxes of records around the property and concealed them from his attorney, claims Trump has denied.
Corcoran returned a set of classified documents earlier in the investigation and later enlisted another attorney, Christina Bobb, to sign a sworn certification stating all classified materials had been returned. Subsequent evidence led investigators to conclude that additional records remained on the premises.
What People Are Saying
Grassley posted on X, "Received shocking new docs 2day from DOJ & FBI showing FBI DID NOT BELIEVE IT HAD PROBABLE CAUSE to raid Pres Trump's Mar-a-Lago home but Biden DOJ pushed for it anyway. Based on the records Mar-a-Lago raid was a miscarriage of justice."
Ed Krassenstein, a frequent Trump critic and progressive commentator wrote on X, "BREAKING: MAGA is now ridiculously claiming there wasn't probable cause for the Mar-a-lago raid. The DOJ and FBI don't have final say in whether there is or is not probable cause. A Judge does, and Judge Bruce Reinhart did. THIS IS ANOTHER BLATANT LIE MEANT TO DISTRACT FROM FRIDAY'S EPSTEIN FILES. Fact is Trump did have classified files. That's undisputed and they were recovered during the raid."
What Happens Next
The release comes ahead of Wednesday's testimony by Smith before the House Judiciary Committee, where Republicans have intensified scrutiny of the investigation.
Updates: 12/16/25, 7:25 p.m. ET: This article was updated with new information and remarks.
View 0 Comments
Submit Correction
View Editorial & AI Guidelines