But his lawyers had weeks to clear it out. Then gave the FBI the okay to go in to find nothing.
Notably, despite the Archivesâ claim that it had ânot been involved in the DOJ investigation,â the documents show that the Archivesâ official responsible for administering all access requests for Presidential records, John Laster, was involved in preparing the 15 boxes for FBI review as late as August 23, 2022:
On October 25, 2022, Acting Archivist Wall wrote to then-Ranking Members James Comer and Jim Jordan, claiming âNARA received the 15 boxes from President Trump on January 18, 2022, and then discovered that they contained classified national security information. Shortly after the discovery, NARA consulted with its Office of Inspector General (OIG), which operates independently of NARA. As DOJ has disclosed publicly in court filings, NARAâs OIG subsequently referred the matter to DOJ on February 9, 2022.â
If the OIG acted independently in making a referral to the FBI, then Mr. Laster would not have involved himself in the FBIâs review of the 15 boxes in his capacity as the Director of the White House Liaison Division âresponsible for all access requests for Presidential records.â Similarly, the FBI affidavit before the U.S. District Court for the Southern District of Florida that provided the probable cause for the issuance of a search warrant against Mar-a-Lago on August 8, 2022, stated, â[on February 9, 2022] the Special Agent in Charge of NARAâs Office of the Inspector General sent the NARA Referral via email to DOJ.â However, the evidence is that the Biden White House and the Department of Justice coordinated to obtain the Trump records, and perhaps create a pretext for a law enforcement raid, by way of a âspecial access request.â
On Aug. 1, 2022, senior Justice Department and FBI officials gathered on the seventh floor of the FBI headquarters in Washington, D.C.,
[âŠ] The DOJ and FBI officials shared the same feeling about the case: dread. After the National Archives repeatedly requested that Trump return the documents, some officials assumed Trump would simply hand over the materials. When he didnât, all of them saw no good options.
âYou know what the reaction was in the department?â recalled a former FBI official involved in the case who asked not to be named. âWe were like, âOh crap, we donât want any part of this. The real enemies are Russia and China.ââ
[âŠ] DâAntuono, though, was concerned about the approach of the DOJ team investigating Trump, which [Jay] Bratt led. âJay was being a little overly aggressive,â
DâAntuono recalled. âThe aggressiveness that was there, from day one.â
DâAntuono said that Brattâs behavior may have been fueled by the extraordinarily high-profile nature of the case. âThis is a huge case. Itâs the former president,â
DâAntuono said. âWas some of it due to ambition? Jay has been an attorney for a long time. This is the case of the century.â
In a less divisive era in American politics, personal political donations might have drawn less attention. It was generally accepted that career DOJ and FBI officials could put their personal politics aside and investigate any elected official, Republican or Democrat, in a fair and fact-based manner.
[âŠ] As the meeting dragged on, the discussion grew increasingly heated. Bratt raised his voice several times. When DâAntuono asked if prosecutors now considered Trump the subject of the investigation, Bratt shot back, âWhat does that matter?â but didnât answer the question.
FBI officials from the Washington field office were in open conflict with Bratt and other DOJ prosecutors.
DâAntuono, convinced that a consensual search could end the standoff, stood his ground. He believed that they could negotiate with Trumpâs lawyer, Evan Corcoran, a former federal prosecutor, and reach an agreement for a voluntary search.
DOJ officials and senior FBI officials rejected the idea. They said that Trump and Corcoran had already received a subpoena and been repeatedly asked to return the documents.
DâAntuono dug in and said he would only have his agents search Mar-a-Lago if ordered to do so by his FBI superiors.
[âŠ] After the DOJ officials left, the FBI officials spoke alone. DâAntuono and others from the Washington field office expressed a new concern. They noted that the draft search warrant included a potential criminal charge against Trump that they did not recall seeing before: Section 2071 of Title 18.
The law made it illegal for an individual who possesses government documents to âwillfully and unlawfullyâ conceal, remove, mutilate, obliterate, falsify, or destroy them. If a person is convicted of the charge, they shall âbe disqualified from holdingâ any federal office.
âThe barring from office charge,â DâAntuono recalled. âPeople saw that charge as âAha, is that DOJâs effort to get Trump?ââ
Other FBI officials did not consider Bratt to be politically biased. Instead, they feared that Trumpâs years of attacks were now impacting the decision-making of current FBI agents.