The Washington Post reported Thursday that federal prosecutors told a federal magistrate they were searching for super secret documents related to nuclear weapons in the trove of documents Trump stashed at his resort in Palm Beach.
Trump has derided the search as a “hoax” but has not denied improperly keeping the documents he took after leaving office or given any explanation for why he refused to comply with an earlier subpoena demanding their return.
“They could have had it anytime they wanted—and that includes LONG ago,” Trump wrote on his social media site. “ALL THEY HAD TO DO WAS ASK.”
While sitting presidents typically have the power to declassify information, the legal authority to change a document’s security clearance while in office does not apply to secrets dealing with nuclear weapons programs, covert operations and operatives, and some data shared with allies.
Trump kept possession of the documents despite multiple requests from agencies, including the National Archives, to turn over presidential records in accordance with federal law.
The Mar-a-Lago search warrant served Monday was part of an ongoing Justice Department investigation into the discovery of classified White House records recovered from Trump’s home earlier this year. The Archives had asked the department to investigate after saying 15 boxes of records it retrieved from the estate included classified records.
U.S. Magistrate Judge Bruce Reinhart, the same judge who signed off on the search warrant, unsealed the warrant and property receipt Friday at the request of the Justice Department after Attorney General Merrick Garland declared there was “substantial public interest in this matter,” and Trump said he backed the warrant’s “immediate” release. The Justice Department told the judge Friday afternoon that Trump’s lawyers did not object to the proposal to make it public.
In messages posted on his Truth Social platform, Trump wrote, “Not only will I not oppose the release of documents ... I am going a step further by ENCOURAGING the immediate release of those documents.”
To obtain a search warrant, federal authorities must prove to a judge that probable cause exists to believe that a crime was committed. Garland said he personally approved the warrant, a decision he said the department did not take lightly given that standard practice where possible is to select less intrusive tactics than a search of one’s home.
The Justice Department under Garland has been leery of public statements about politically charged investigations, or of confirming to what extent it might be investigating Trump as part of a broader probe into the Jan. 6 riot at the U.S. Capitol and efforts to overturn the results of the 2020 election.
The department wants to avoid being seen as injecting itself into presidential politics, as happened in 2016 when then-FBI Director James Comey made an unusual public statement announcing that the FBI would not be recommending criminal charges against Clinton regarding her handling of email — and when he spoke up again just over a week before the election to notify Congress that the probe was being effectively reopened because of the discovery of new emails.
The attorney general also condemned an escalation in verbal attacks and threats against FBI and Justice Department personnel over the search. Some Republican allies of Trump have called for the FBI to be defunded. Large numbers of Trump supporters have called for the warrant to be released hoping it will show that Trump was unfairly targeted.
“I will not stand by silently when their integrity is unfairly attacked,” Garland said of federal law enforcement agents, calling them “dedicated, patriotic public servants.”
