After the FBI searched Donald Trump’s Mar-a-Lago resort and residence on August 8, the former president’s media allies had the opportunity to pause and consider the possibility that it might be part of a legitimate inquiry. Instead, they rushed to support the former president’s loud and incendiary claims that the FBI, the Justice Department, and President Joe Biden were conspiring against him in a partisan witch hunt.
That decision keeps looking worse as the Justice Department unveils new evidence about its investigation into Trump’s retention of government documents, including highly classified materials seized during the search. A Tuesday court filing by the Justice Department debunked several talking points Trump’s defenders in the right-wing press have offered over the past few weeks — but the former president’s propagandists show little sign of changing course.
Numerous Fox News personalities, for example, denounced the search on the grounds that the bureau should instead have subpoenaed the documents sought by federal officials. They argued that the former president would have willingly turned over whatever they sought and that getting a search warrant was an unnecessary escalation motivated by anti-Trump animus.
“Last night's raid of the former president's home had nothing to do with the retention of classified materials. You can handle missing records with a subpoena. You don't come kicking the doors in,” as Fox host Will Cain put it. “Everyone knows what this is really about. Finding something, anything, they can use to keep Donald Trump from running for president.”
But the DOJ filing indicates that the search came only after monthslong efforts to recover all the documents in Trump’s possession by other means. That included a grand jury subpoena served on May 11 requesting “any and all documents or writings in the custody or control of Donald J. Trump and/or the Office of Donald J. Trump bearing classification markings.”
In response to the subpoena, the filing explains, Trump’s team provided the government dozens of documents with classified markings; Trump lawyer and former OAN host Christina Bobb attested that all documents responsive to the subpoena had been returned following a “diligent” search of the premises; and the FBI subsequently developed evidence that this was not true and additional classified documents remained at Mar-a-Lago and that some “government records were likely concealed and removed” from the storeroom in which they had been held. This led the FBI to seek and receive a warrant to search Mar-a-Lago, which uncovered a trove of additional documents bearing classification markings that had not been turned over as required by the earlier subpoena.
The filing includes a photo of documents with classification markings seized in that search.