The “usual suspects” are pontificating and Democrats are engaging in what appears to be enjoyable speculation. (Trump has been selling state secrets to the Saudis/Russians/Extra-terrestrials…)
We don’t know.
In fact, we wouldn’t know that the FBI had executed a search warrant at Mar-a-Lago had his Orangeness not begun fundraising off his own announcement of the search. What we do know is that this wouldn’t have occurred absent a really well-documented belief that serious lawbreaking had occurred.
As Josh Marshall recently put it at Talking Points Memo:
The best assumption is the obvious and initial one: we’re dealing with three key players (Garland, Wray and a federal judge) each of whom would bring a distinct and deep-seated resistance to taking such a step absent evidence of serious criminal conduct and specific circumstances which made the need for a surprise search compelling and necessary. That strongly suggests that there is more afoot here than we yet know.
I will note again what I referenced last night. If you read the reports from the biggest national news organizations what is most striking is how little they seem to know. They believe it’s tied to the 15 box document retention investigation which goes back like a year. But even that seems vague and they don’t seem to know much more. As I said above, this isn’t our first rodeo. Usually after an event like this the most sourced reporters are able to put together a pretty full picture pretty quickly. But that doesn’t seem to be happening. At least not based on the stories I’ve read. That speaks to an extreme secrecy uncommon even in the most delicate and politically-charged investigations.
The Wall Street Journal notes that authorization for the raid required approval of the “highest echolons” of the Justice Department.
Before the FBI search, a federal magistrate would have approved a warrant for FBI agents to search the property, indicating investigators may have believed there was additional classified information at the location.
The search also would likely have required signoff from the highest echelons of the Justice Department, including Attorney General Merrick Garland, who was appointed by President Biden, and Christopher Wray, the FBI director appointed by Mr. Trump in 2017, current and former department officials said. A Justice Department spokeswoman declined to comment Tuesday. Mr. Garland has said little publicly about any of the Justice Department’s Trump-related investigations other than noting to reporters that no one is above the law.
One of the most pointed descriptions of the FBI’s execution of its search warrant came from Wired, which reported:
Monday’s search of the former president’s Mar-a-Lago property in Florida was surely one of the most significant, sensitive, and politically explosive actions the US Justice Department and FBI have ever taken. It’s one of a tiny handful of times the DOJ has ever investigated a president. And it’s an action that likely indicates the FBI and prosecutors had specific knowledge of both a definable crime and the evidence to back it up.
The actual search warrant, which would list specific crimes being investigated, has not been released yet. According to Monday night news reports, however, the search focused on questions about a number of boxes of classified documents that Trump took from the White House to his Florida mansion after leaving the presidency.
While it may take months to learn more about the underlying investigation, the fact that the FBI launched such a high-profile search already tells us a great deal about the state of the Justice Department’s case.
Federal search warrants aren’t fishing expeditions. The FBI’s warrant had to be approved at the highest level of both the FBI and the Justice Department, and approval would have required substantial evidence of probable cause. The Journal acknowledged that previous FBI scandals have made the bar for probable cause and sign-off by the department’s upper levels even higher.
The Justice Department’s 2016 decision not to prosecute Hillary Clinton for her sloppy handling of classified materials as secretary of state raises the bar for any prosecution stemming from Trump’s handling of classified documents….which means that in order to pursue this Trump investigation, there would have to be more serious (and criminal) concerns than there were in the investigation of Clinton.
Thus, we’re left with the big question the FBI is ultimately trying to investigate right now: Who would have benefited from Trump taking home these particular documents—and why?
As the Wired article concludes :
Wray, Garland, and Deputy Attorney General Lisa Monaco have made it clear throughout their careers and public statement that they are institutionalists. Far from being aggressive, partisan investigators, all three have shown themselves over the past 18 months to be reserved, careful, and legally and evidentiarily conservative.
The bottom line of Monday’s search is that the FBI and the Justice Department must have been inordinately clear that they had the goods—and someone’s legal trouble is just beginning.
Stay tuned…
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