Let’s get the objections out of the way first. Last week’s FBI visit to Mar-a-Lago was not spur of the moment. In January 2022, the Department of Justice issued a subpoena for documents that Donald Trump had taken back to his Mar-a-Lago property in Palm Springs upon leaving the White House. Then they obtained 15 boxes, some marked classified. These were taken back to the National Archives, where Presidential Records are kept. After a review, the Archives found that boxes of classified information were missing.
Donald Trump, like any other former President, could take with him diaries and personal documents not related to official business in office as president. But the records are not like a tray of mints offered upon leaving Sardi’s in New York, free for the taking. According to the Presidential Papers Act, originally passed in 1978 responding to Richard Nixon, official presidential documents were to be released to the Archives upon leaving 1600 Pennsylvania Avenue.
During the outrange by the former president’s supporters last week, there has been a reference to Watergate. Many of these people either weren’t alive then, haven’t cracked a history book, or just liked throwing around the word “Watergate” to gain support from others not curious enough to learn the true backstory. This search for documents took place in broad daylight.
Trained members of FBI operated with a legal search warrant, which was granted based on information about where the documents were located (all necessary before a federal judge in Florida would sign off). The attorney general added his signature to the warrant on Friday, two days prior to the search.
“ Watergate” involved a break-in at a Democratic National Committee headquarters in the Watergate Office Building in 1972. The five men arrested for the break-in were connected to the Committee for Re-Election of the President (Nixon) sponsored by a political branch of the Republican Party. They were low-level thieves hired because Nixon had become paranoid, thinking he would lose the election. So paranoid that he set up an audio taping system on his White House phone that laid out his illegal deeds like a roadmap.
The search of Mar-a-Lago came with a legal search warrant and did not come without warning. In May 2022, AG Merrick Garland and the DOJ sent a subpoena to DJ obtain information about the missing documents. Trump ignored it. Because of the sensitive nature of the documents, the DOJ determined to press for the documents. They needed to learn where the classified documents were kept in order to obtain a legal search warrant. Someone within Trump’s inner circle provided the information needed to obtain the warrant. A Florida judge signed off after receiving specific information about the documents and the location on August 5. On Monday, August 8 the search began. This wasn’t a spur of the moment “witch hunt.”
Outrange from Trump supporters followed during the week (see Watergate above) reached a dangerous level, threatening the security of federal law enforcement. Garland held a press conference to explain the process of the warrant and indicate Trump had a copy, which he could release if he desired, but set a deadline. Move up to Friday, August 12, DOJ got the go-ahead from Trump and released a copy of the August 8th search warrant and a list of the contents of the 20 boxes removed from Mar-a-Lago on Monday. The boxes taken included 11 boxes marked classified, including 4 sets of top-secret documents. Charges were made for mishandling of defense information (classified documents) and destruction of federal documents. Those included related to Oliver Stone’s pardon and interaction with French Premiere Macron.
One irony in the case is that in 2019 Trump signed into law an increase in the punishment for breaking these laws from one to five years in prison.
Trump could have present the list to the media himself. Instead, he sent out attorney Christina Bobb to explain that Trump was following “decorum.” Since when in his life has Trump followed decorum?
On Friday, August 12, Garland released the list of the boxes taken from Mar-a-Lago, as the match continues. Garland remained calm, uncharacteristically responding to the uproar during an FBI investigation. He said he signed off one the search warrant himself after the judge. Friday Garland also released the list of the boxes taken from Mar-a-Lago. The match continues, but with classified documents now in DOJ hands, DT’s limo may have hit a speed bump too high to sail across.