Congress NARA's revaluation of presidential records retrieved from Mar-a-Lago raised concern within
Congress; the
House Committee on Oversight and Reform, chaired by U.S. Representative
Carolyn B. Maloney, began an investigation. In a February 24 letter to NARA, Maloney wrote, "I am deeply concerned that former President Trump may have violated the law through his intentional efforts to remove and destroy records that belong to the American people". Haines responded that the DOJ and
Intelligence Community were conducting a classification review of materials taken to Mar-a-Lago and a damage assessment of the potential risk to national security.
Mark Warner and
Marco Rubio, chair and ranking member of the
Senate Intelligence Committee, sent a private letter to Garland and Haines requesting that the DOJ and the Office of the DNI provide the committee with the classified documents seized and a damage assessment of potential risks to national security. The eight congressional leaders who are briefed on classified intelligence matters, colloquially known as the
Gang of Eight, have asked the Biden administration for access to the seized documents. The
Congressional Research Service issued a "Sidebar" bulletin to brief members and Committees of Congress on the legal aspects of the case.
White House The White House said that President Biden and White House officials were not aware of the search until it was reported on the news. Press Secretary
Karine Jean-Pierre said "those investigations should be free from political influence" and did not comment on the search itself except that the Department of Justice was carrying out the investigation. On August 17, the White House, in a statement to CNN, condemned calls from some members of the
Republican Party to "defund the FBI". White House officials were privately concerned over the classified material stored in Mar-a-Lago, including whether it could put at risk the sources and methods of the
US intelligence community. On August 26, Biden mocked Trump for saying he had declassified all of the material he took with him to Mar-a-Lago and said he would let the DOJ make a determination on the risk to national security. In another speech on August 30, Biden condemned the threats against law enforcement and calls to defund the FBI as "sickening". He criticized Republicans for what he claimed was hypocrisy in what he described as their calls for "riots in the streets" and purported refusal to condemn the
January 6 United States Capitol attack. At the end of December 2022,
Biden's attorneys found classified documents in Biden's former office and in his Delaware home, dating back to when he was vice president in the Obama administration. They surrendered the documents. Their discovery was reported in January 2023.
National Archives The National Archives made multiple press statements concerning Trump's presidential records in response to media queries. They have also released numerous records relevant to the Trump administration's adherence to the Presidential Records Act in response to
FOIA requests. On August 24, NARA staff told the House Committee on Oversight and Reform they could not be certain they had all of Trump's presidential records. The same day, in an internal letter to all NARA employees, acting Archivist
Debra Wall said NARA had received both threats and praise from members of the public for its role in the ongoing FBI investigation. On September 13, Rep.
Carolyn Maloney of the
House Oversight and Reform Committee wrote a letter to
NARA, requesting an "urgent review" of all recovered documents and an assessment regarding any and all "presidential records [that] remain unaccounted for and potentially in the possession of the former president". On September 30, the National Archives responded to the committee's request, writing in part: "While there is no easy way to establish absolute accountability, we do know that we do not have custody of everything we should ... With respect to the second issue concerning whether former President Trump has surrendered all presidential records, we respectfully refer you to the Department of Justice in light of its ongoing investigation".
Trump, his family, and his attorneys On August 14, Trump demanded the return of boxes of seized documents that were alleged covered by attorney-client privilege and executive privilege. Beginning with his first announcement after the search, Trump and his attorneys made a variety of statements relating to the search and the FBI investigation; these statements have been criticized as "shifting" over time and "often contradictory and unsupported".
Zolan Kanno-Youngs and
Maggie Haberman, writing for
The New York Times, said that the former President's response "follow[s] a familiar playbook" which "[h]e has used ... over decades", including during investigations into
links between Trump associates and Russian officials and whether the Trump campaign conspired with Russia, as well as during
his first impeachment trial. They also said that Trump's statements did not explain why he kept the documents after the government began investigating him. According to
The Washington Post, Trump has struggled to assemble an experienced legal defense team, with many of his former lawyers declining to take part in the case. Trump spokesman
Taylor Budowich said that Trump's lead counsel were exceptionally talented and had "litigated some of the most complex cases in American history".
The New York Times credits political advisor
Boris Epshteyn for his role in assembling Trump's legal team. Epshteyn previously assisted in the defense of
Trump's false claims of a stolen election in 2020. Former Trump attorney
David Schoen has said the current situation remains problematic, with members of the defense team "rotating in and out", and lacking clear leadership. Trump later added former Florida solicitor general
Chris Kise to his legal team for the case, but within a month, Kise's role was reportedly reduced. According to
The New York Times, Kise had "suggested hiring a forensic firm to search for additional documents" following requests from Jay Bratt at the Justice Department, who expressed concern that more documents were still missing. Disagreement between Trump's lawyers reportedly led to a minimization of Kise's participation on the defense team, due to his more conciliatory approach. Trump's
political action committee, the
Save America PAC, sent out more than 100 fundraising emails in the days following the FBI search. Daily donations increased from an average of $200,000–$300,000 to more than $1,000,000 for at least two days. The emails claimed that former president Trump was being politically persecuted. In July, the Save America PAC paid almost $1,000,000 to civil and criminal lawyers representing Trump and the Trump Organization in lawsuits. On December 22, 2022, the U.S. House select committee investigating the January 6 attack published its final report, in which it remarked that DOJ appears to be "investigating the conduct of counsel for certain witnesses whose fees are being paid by President Trump's Save America Political Action Committee." The House committee noted that DOJ, in its public report of its Mar-a-Lago investigation, had seemed to express concern that those attorneys might be more loyal to Trump's defense than to their clients' defenses and thus may try to influence their clients' witness testimony. The House committee said it shared those concerns, and it revealed that it had provided related information to DOJ and Fulton County District Attorney
Fani Willis. Related to these comments, the House committee cited three news reports.
Claims of political motivation, planted evidence, and Obama precedent Trump likened the search to the 1970s
Watergate scandal. He made unsubstantiated allegations that it was politically motivated to stop him from
running for president in 2024, and a "politically motivated move" by the Biden administration. He criticized the FBI for searching his wife
Melania Trump's rooms and belongings in Mar-a-Lago. On August 11, Trump made the unsubstantiated claim that the FBI might have doctored evidence to support its search warrant and might have planted incriminating materials and recording devices at Mar-a-Lago. Trump's allies echoed these
conspiracist claims. On August 12, he claimed that his lawyers had been fully cooperating with federal investigators prior to the search: "The government could have had whatever they wanted, if we had it". the falsehoods were amplified by conservative commentators on Fox News. NARA responded that they had taken "exclusive legal and physical custody" of Obama's records when he left office in 2017, After
The Washington Post reported that nuclear documents were being sought in the search of Mar-a-Lago, Trump said on August 12: "Nuclear weapons issue is a Hoax". The accusation was noted to be without precedent in modern U.S. history. Trump's campaign sent an email with the subject line: "They were authorized to shoot me!" The email said: "You know they’re just itching to do the unthinkable … Joe Biden was locked & loaded ready to take me out & put my family in danger." The same day, he posted to Truth Social saying that "Joe Biden’s DOJ ... AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE." Trump's comment was in reaction to a standard law enforcement policy statement, attached to the FBI's description of the planned search of Mar-a-Lago, that officers may use lethal force only to counter "imminent danger of death or serious physical injury". The FBI had taken steps to ensure that Trump would not be present during the search and gave advance notice to the Secret Service. On May 24, Jack Smith's office asked Judge Cannon to place a gag order on Trump related to this "repeated mischaracterization" of the actions of law enforcement officials.
Claims of declassifying all documents On August 12, Trump posted to Truth Social claiming that the documents he brought to Mar-a-Lago were "all declassified" before he left office. That day, his office issued a statement admitting that he had frequently taken home classified documents and further claiming that he had issued a "standing order" that anything he took home was automatically and "instantly" declassified. Sections of the Code of Federal Regulation addressing declassification require markings that are "uniformly and conspicuously applied to leave no doubt about the declassified status of the information and who authorized the declassification". Except for Kash Patel, former Trump administration officials said they never heard of such a "standing order" issued by Trump, and labeled the claim false. •
John Bolton, who was Trump's
national security advisor, said that Trump's claim was a "complete fiction" and "almost certainly a lie". Bolton said he never heard of such an order before, during, or after his tenure as national security advisor. Bolton said: "When somebody begins to concoct lies like this, it shows a real level of desperation". •
Glenn S. Gerstell, who served as the general counsel for the
National Security Agency from 2015 to 2020, called Trump's claim "preposterous", as declassification requires recordkeeping as well as notifying the agencies that used the information. •
Leon Panetta, former
Secretary of Defense and
Director of the CIA under the Obama administration, similarly said Trump's claim was "pretty much BS". He explained that the declassification process requires authorization by various agencies. "There is nothing that I'm aware of that indicates that a formal step was taken by this president to, in fact, declassify anything", Panetta said. On September 21, 2022, Trump appeared on the
Hannity show on Fox News, claiming that "there doesn't have to be a process" and a president "can declassify just by saying, 'It's declassified.' Even by thinking about it." This notion was "mocked" by legal experts. Lawyers noted that "even if Trump did somehow declassify the documents, he had no right to take them when he left office on Jan. 20, 2020 ... [Trump] had no (legal) interest in these documents." The 11th Circuit Court of Appeals noted that "the declassification argument is a '
red herring'."
Lawsuit On August 7, 2024, Trump filed a tort claim saying he intended to sue the FBI for $100 million. The FBI has six months to respond, after which Trump can sue.
Trump allies and supporters On the day of the search, a group of about two dozen Trump supporters gathered in protest in front of Mar-a-Lago; others held protests in front of FBI offices in
Phoenix, Arizona, and Washington D.C. Over the next few days, Trump supporters continued to demonstrate outside Mar-a-Lago, and at several pickets outside a number of
FBI field offices in various states. A small group of armed Trump supporters protested outside the FBI office in Phoenix. Patel repeatedly blamed the
General Services Administration (GSA) for "mistakenly pack[ing] some boxes and mov[ing] them to Mar-a-Lago". The GSA replied that it was the outgoing presidential transition team and their volunteers who packed the boxes, put them on pallets, and shrink-wrapped them. Many of Trump's allies, including
Steve Bannon, urged Trump to publicly release some of the surveillance footage of the search or use it in political campaign ads. Others cautioned him that releasing the tapes could backfire by revealing the sheer volume of classified information removed from his residence and countering some of his unsupported claims. Fox News host
Brian Kilmeade, while guest hosting
Tucker Carlson Tonight, showed a doctored photo depicting the federal magistrate judge who approved the warrant together with convicted sex trafficker
Ghislaine Maxwell; Kilmeade later described the fake photo as "a meme" shared "in jest". The FBI search ignited apocalyptic, violent rhetoric among Trump supporters, including members of the
far-right, on media including
Fox News,
Newsmax,
PJ Media,
the Blaze, and
right-wing talk radio. Wray said the FBI would "stay vigilant and adjust our security posture accordingly" given a surge of threats to FBI employees and property following the search of Mar-a-Lago. The federal magistrate judge who approved the search was the target of
antisemitic vitriol, misinformation, and threats on sites such as
4chan; due to online threats against him, the U.S. District Court for the Southern District of Florida removed information about the magistrate from its online directory for his protection. The bulletin noted a threat to place a
dirty bomb in front of
FBI Headquarters. A man in
Mercer County, Pennsylvania, was charged in
US District Court with making online threats against FBI agents on the
Gab social networking site. On August 19, lawmakers on the
House Oversight Committee contacted social media companies and requested information about recent threats made against law enforcement officials by users of their platforms. Letters sent by lawmakers specifically cited threats published on
Truth Social, which has seen a significant increase in app downloads following the Mar-a-Lago search. The letter expressed concern because "reckless statements by the former president and Republican Members of Congress have unleashed a flood of violent threats on social media" and they urged platforms to take immediate, concrete action to limit incitement of violence against law enforcement agencies.
FBI field office attack Ricky Shiffer, a 42-year-old Trump supporter wearing body armor and armed with an
AR-15 style rifle and a
nail gun, attempted to breach the
FBI field office in
Cincinnati, Ohio, on August 11 and died in a subsequent confrontation with police officers. He had taken part in the
January 6 United States Capitol attack, and was one of the most prolific posters on Trump's social media platform
Truth Social, where he posted about his desire to kill FBI agents after the FBI search of Mar-a-Lago. Shiffer had engaged in violent extremist rhetoric on social media for years, and the FBI received a tip about him in May 2022.
Republican elected officials and candidates The
Republican National Committee, as well as most Republicans, responded to the FBI search by attacking the FBI and depicting Trump as a victim and political martyr. Republicans said that the search made the U.S. into a "third-world country" or "
banana republic", although democracies such as France, South Korea, and Israel have all investigated and prosecuted former leaders for criminal offenses. Many Republicans vowed to investigate the DOJ if the party retook control of Congress in the
November 2022 elections. In a tweet, House Minority Leader,
Kevin McCarthy said the Justice Department "has reached an intolerable state of weaponized politicization" and said: "When Republicans take back the House, we will conduct immediate oversight of this department, follow the facts, and leave no stone unturned. Attorney General
Garland, preserve your documents and clear your calendar".
Anthony Sabatini, a Republican member of the
Florida House of Representatives called for the state to "sever all ties with DOJ immediately" and called for FBI agents to be "arrested upon sight". Many Republicans accused the DOJ and FBI of a double standard for their previous treatment of the
Hillary Clinton email controversy, where former Democratic nominee
Hillary Clinton was investigated but not charged over classified material found on her private email server during her tenure as
US secretary of State. Sen.
Lindsey Graham of South Carolina predicted the likelihood of street violence if Trump was indicted. Multiple Republicans called on the DOJ and FBI to release or share to Congress documents surrounding the search, particularly the affidavit used as the basis of the warrant. Republican congresswoman
Liz Cheney, the top Republican on the
House Select Committee on the January 6 Attack, criticized her party's response to the federal investigation of Trump, writing, "I have been ashamed to hear members of my party attacking the integrity of the FBI agents involved with the recent Mar-a-Lago search. These are sickening comments that put the lives of patriotic public servants at risk". On September 25, Senator
John Barrasso, pressed by ABC host George Stephanopoulos, acknowledged: "I don't think a president can declassify documents by saying so, by 'thinking about'."
Congressional Democrats House Democrats praised the search as a step toward accountability for Trump.
Nancy Pelosi, the
Speaker of the United States House of Representatives, said in an interview after the search, "We believe in the rule of law. That's what our country is about. And no person is above the law. Not even the president of the United States. Not even a former president of the United States". Senate Democrats offered more reserved reactions; in the immediate aftermath of the search,
Senate Majority Leader Chuck Schumer said he would "withhold comment until we know more". Commenting on a 2017 North Korea strategy meeting between Trump and
Shinzo Abe which was surrounded by guests, national security lawyer
Mark Zaid stated, "What we saw was Trump be so lax in security that he was having a sensitive meeting regarding a potential war topic where non-U.S. government personnel could observe and photograph". Experts considered Trump "the perfect profile of a security risk: He was like a disgruntled former employee, with access to sensitive government secrets, dead set on tearing down what he believed was a deep state out to get him".
Columbia University political scientist
David Rothkopf viewed the Mar-a-Lago search as a reminder that Trump "was, and is, a national security risk unlike any the United States has ever faced". Pulitzer Prize-winning reporter
Michael Sallah of the
Pittsburgh Post-Gazette discovered that a Ukrainian-born Russian speaker using a fake name who claimed to be a
Rothschild family heiress had frequented the residence over a year's time, even posing there for photos with Trump and Senator
Lindsey Graham.
Intelligence community Former
Director of the Central Intelligence Agency John Brennan called the storage of sensitive documents at Mar-a-Lago "the height of recklessness and irresponsibility".
Dan Coats,
Director of National Intelligence (DNI) under Trump from 2017 to 2019, defended the FBI stating that "my first thought was Chris [Wray] would not have signed off on that unless he thought the process was not working or they were not getting the right answers back from lawyers or others and it was serious enough to take that action".
Asha Rangappa, a former FBI agent and former associate dean at Yale Law School, stated that Trump's acknowledgment that the documents seized were covered or potentially covered by
executive privilege indicated that he had kept presidential records that he was not authorized to have under 18 USC 2071. She stated: "And so it's not clear that executive privilege would even be relevant to the particular crime he's being investigated for and yet in this filing, he basically admits that he is in possession of them, which is what the government is trying to establish". Jeffrey Smith, former general counsel to the CIA, and David Laufman, former chief of the counterespionage section at the DOJ's National Security Division, warned of the investigation not having strong enough evidence to have a conviction at trial. Pence denied having any classified documents, but in January 2023,
classified documents were found at Pence's Indiana home. Trump's former chief of staff,
John F. Kelly, said that Trump has a long track record of disregarding rules for handling sensitive documents; that Trump "didn't believe in the classification system"; and that Trump held U.S. intelligence in disdain. Trump's former national security adviser
John Bolton said "almost nothing would surprise me about what's in the documents at Mar-a-Lago". He recalled that although Trump usually did not read the
President's Daily Brief, he would sometimes ask his briefers "to keep the highly classified visual aids, pictures, charts and graphs" that were prepared for him, and that Trump sometimes refused to return these materials when asked by his briefers. Trump's
Save America PAC paid Patel's legal fees. == Notes ==