Unsealed Mar-a-Lago search warrant affidavit reveals the government has no case against Trump

When two dozen or more FBI agents searched former President Trump’s residence three weeks ago, most Americans initially were left wondering what in the world must Trump have done. After all, a prodigious FBI search logically indicates an equally prodigious violation of some federal statute; therefore, it must be really serious. One former Department of Justice (DOJ) official told Politico that the evidence sought “was likely so pulverizing in its force” that it would “eviscerate” the possibility of the optics for such an invasive law enforcement action not being good.

Well, it’s now pretty official: The optics aren’t good.

Everyone in America, from plumber to president, is constitutionally protected from a government search that lacks adequate cause.  

We now know why the DOJ wanted the affidavit — which is supposed to articulate the probable cause needed for a legitimate search — to be kept under seal. After the magistrate who authorized the search forced the DOJ to unseal a redacted version, two realities came into better focus.

First, the affidavit confirmed that the FBI’s investigation was triggered in January 2022 at the request of the National Archives, which wanted certain documents, especially classified documents, that it considered to be presidential records to be turned over to it by Trump. Second, from what I have seen, I don’t believe the affidavit articulates how a federal law was or is being broken. For those who hold out hope that the affidavit’s redacted sections fill that gap, there is almost no chance that they do. (More on that below.)