The redacted FBI affidavit used to get a search warrant for Donald Trump’s Florida resort leaves some questions unanswered about who knew what and when regarding the classified documents stowed at Mar-a-Lago.
But it details a chronology of how the National Archives’s interest in retrieving records from Trump broke down and ended with a surprise FBI search of the former president’s Florida estate.
“The affidavit contains information up to the point where it appears there may have been a breakdown in communications,” said Kenneth Gray, a senior lecturer at the University of New Haven and a former FBI special agent. “But then the rest is redacted.”
What convinced the FBI they’d hit a dead end with Trump’s cooperation? How did they know Trump had more classified files after earlier voluntary exchanges? Key dates from the timeline and Trump’s lawsuit for a neutral review of seized material hint at some answers.
Key dates in the affidavit and other documents
—Jan. 18: Trump, after tense negotiations throughout 2021, allows the National Archives to retrieve 15 boxes of White House records from Mar-a-Lago
—Feb. 9: National Archives refers the matter to DOJ for a criminal investigation after finding “highly classified documents” mixed in with other files
—Feb. 18: NARA letter to House Oversight Committee says it “has identified items marked as classified national security information within the boxes”
—Feb. 18: Save America political action committee posts Trump statement, saying “The National Archives did not ‘find’ anything, they were given, upon request, Presidential Records in an ordinary and routine process”
—May 5: Trump surrogate Kash Patel tells interviewer that claims NARA found classified material were “misleading” because Trump “declassified” the material
—May 11: Trump voluntarily accepts a grand jury subpoena for classified documents in his possession, according to Trump’s lawsuit
—May 16-18: FBI agents in preliminary review of the 15 boxes find 184 classified documents, with 67 marked CONFIDENTIAL, 92 marked SECRET, and 25 marked TOP SECRET
—May 25: Trump lawyer Evan Corcoran insists in letter to DOJ that Trump was acting in “good faith” and that the law was on their side when it came to how he’d handled classified information
—June 2: Trump invites the FBI to Mar-a-Lago, according to his suit
—June 3: Jay Bratt, the DOJ’s counterintelligence chief, arrives at Mar-a-Lago with three FBl agents to check the remaining boxes, according to Trump’s suit
—June 8: Bratt sends a letter to Trump’s counsel asking that the storage room holding the documents be secured; Trump’s suit says a second lock is added
—June 8: DOJ sends Trump’s lawyer a letter reiterating that Mar-a-Lago is not authorized to store classified information and requests “the preservation of the storage room and boxes that had been moved from the White House”
—June 9: Trump’s lawyer sends an email to DOJ stating, “I write to acknowledge receipt of this letter”
—June 22: Trump Organization receives a subpoena for surveillance footage at Mar-a-Lago
—Aug. 5: U.S. Magistrate Judge Bruce Reinhart approves the search warrant based on the FBI affidavit
—Aug. 8: Two dozen FBI agents execute the warrant, removing about 20 boxes of material containing 11 sets of classified materials
A telling revelation about the events leading up to the search comes from a DOJ memo unsealed Friday about how it redacted parts of the affidavit that would identify “multiple civilian witnesses whose information was included throughout the affidavit and contributed to the finding of probable cause.”
It’s “not a wild assumption” that many people may have seen the materials at Mar-a-Lago after Trump’s lawyer guaranteed there were no more on site and described the contents to the FBI, said Richard Serafini, a criminal defense lawyer in Florida who was previously a Justice Department attorney.
Even if the redacted details are damning, it’s far from clear the DOJ will file charges, he added.
“There may well be discussion going at the Justice Department right now regarding whether or not it would be appropriate,” he said. “It’s uncharted territory.”
