United States v. Sealed Search Warrant
Exhibit — Document #102, Attachment #1
District Court, S.D. Florida
Description
NOTICE of Filing of Redacted Search Warrant Affidavit and Redacted Ex Parte Memorandum of Law concerning Proposed Redactions by USA as to Sealed Search Warrant (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Gonzalez, Juan) (Entered: 08/26/2022)
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 1 of 38
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
IN THE MATTER OF THE SEARCH OF: )
) Case No.
LOCATIONS WITHIN THE PREMISES )
TO BE SEARCHED IN ATTACHMENT A ) Filed Under Seal
AFFIDAVIT IN SUPPORT OF AN
APPLICATION UNDER RULE 41 FOR A
WARRANT TO SEARCH AND SEIZE
I, , being first duly sworn, hereby depose and state as follows:
INTRODUCTION AND AGENT BACKGROUND
1. The government is conducting a criminal investigation concerning the improper
removal and storage of classified information in unauthorized spaces, as well as the unlawful
concealment or removal of govermnent records. The investigation began as a result of a referral
the United States National Archives and Records Administration (NARA) sent to the United
States Department of Justice (DOJ) on Febmary 9, 2022, hereinafter, "NARA Referral." The
NARA Referral stated that on January 18, 2022, in accordance with the Presidential Records Act
(PRA), NARA received from the office of former President DONALD J. TRUMP, hereinafter
"FPOTUS," via representatives, fifteen (15) boxes of records, hereinafter, the "FIFTEEN
BOXES." The FIFTEEN BOXES, which had been transpotted from the FPOTUS property at
1100 S Ocean Blvd, Palm Beach, FL 33480, hereinafter, the "PREMISES," a residence and club
known as "Mar-a-Lago," fmther described in Attachment A, were reported by NARA to contain,
among other things, highly classified documents intermingled with other records.
2. After an initial review of the NARA Referral, the Federal Bureau of Investigation
(FBI) opened a criminal investigation to, among other things, determine how the documents with
1
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 2 of 38
classification markings and records were removed from the White House (or any other authorized
location(s) for the storage of classified materials) and came to be stored at the PREMISES:
determine whether the storage location(s) at the PREMISES were authorized locations for the
storage of classified information; detennine whether any additional classified documents or
records may have been stored in an unauthorized location at the PREMISES or another unknown
location, and whether they remain at any such location; and identify any person(s) who may have
removed or retained classified infmmation without authorization and/or in an unauthorized space.
3. The FBI's investigation has established that documents bearing classification
markings, which appear to contain National Defense Information (NDI), were among the
materials contained in the FIFTEEN BOXES and were stored at the PREMISES in an
1mautho1ized location.
- Further, there is probable cause to believe that additional documents that contain
classified NDI or that are Presidential records subject to record retention requirements currently
remain at the PREMISES. There is also probable cause to believe that evidence of obstmction
will be found at the PREMISES.
4. I am a Special Agent with the FBI assigned to the Washington Field Office
. During this time, I have received training
at the FBI Academy located at Quantico, Virginia, specific to counterintelligence and espionage
investigations.
2
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 3 of 38
Based on my experience and training, I am familiar with efforts used to unlawfully collect, retain,
and disseminate sensitive government information, including classified NDI.
5. I make this affidavit in support of an application under Rule 41 of the Federal
Rules of Criminal Procedure for a warrant to search the premises known as 1100 S Ocean Blvd,
Palm Beach, FL 33480, the "PREMISES," as further described in Attachment A, for the things
described in Attachment B.
6. Based upon the following facts, there is probable cause to believe that the locations
to be searched at the PREMISES contain evidence, contraband, fruits of crime, or other items
illegally possessed in violationof18 U.S.C. §§ 793(e), 1519,or2071.
SOURCE OF EVIDENCE
7. The facts set forth in this affidavit are based on my personal knowledge,
knowledge obtained during my participation in this investigation, and information obtained from
other FBI and U.S. Government personnel. Because this affidavit is submitted for the limited
purpose of establishing probable cause in support of the application for a search warrant, it does
not set forth each and every fact that I, or others, have learned during the course of this
investigation.
STATUTORY AUTHORITY AND DEFINITIONS
8. Under 18 U.S.C. § 793(e), "[w]hoever having unauthorized possession of, access
to, or control over any document ... or information relating to the national defense which
information the possessor has reason to believe could be used to the injury of the United States or
to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be
communicated, delivered, or transmitted" or attempts to do or causes the same "to any person not
entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee
3
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 4 of 38
of the United States entitled to receive it" shall be fined or imprisoned not more than ten years, or
both.
9. Under Executive Order 13526, information in any form may be classified ifit: (1)
is owned by, produced by or for, or is under the control of the United States Government; (2) falls
within one or more of the categories set forth in the Executive Order [Top Secret, Secret, and
Confidential]; and (3) is classified by an original classification authority who determines that its
unauthorized disclosure reasonably could be expected to result in damage to the national security.
10. Where such unauthorized disclosure could reasonably result in damage to the
national security, the information may be classified as "Confidential" and must be properly
safeguarded. Where such unauthorized disclosure could reasonably result in serious damage to
the national security, the information may be classified as "Secret" and must be properly
safeguarded. Where such unauthorized disclosure could reasonably result in exceptionally grave
damage to the national security, the information may be classified as "Top Secret" and must be
properly safeguarded.
11. Sensitive Compartmented Information (SCI) means classified information
concerning or derived from intelligence sources, methods, or analytical processes, which is
required to be handled within formal access control systems.
12. Special Intelligence, or "SI," is an SCI control system designed to protect technical
and intelligence information derived from the monitoring of foreign communications signals by
other than the intended recipients. The SI control system protects SI-derived information and
information relating to SI activities, capabilities, techniques, processes, and procedures.
13. HUMINT Control System, or "HCS," is an SCI control system designed to protect
intelligence information derived from clandestine human sources, commonly referred to as
4
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 5 of 38
"human intelligence." The HCS control system protects human intelligence-derived information
and information relating to human intelligence activities, capabilities, techniques, processes, and
procedures.
14. Foreign Intelligence Surveillance Act, or "PISA," is a dissemination control
designed to protect intelligence information derived from the collection of information authorized
under the Foreign Intelligence Surveillance Act by the Foreign Intelligence Surveillance Court, or
"FISC."
15. Classified information may be marked as "Not Releasable to Foreign
Nationals/Governments/US Citizens," abbreviated "NOFORN," to indicate information that may
not be released in any form to foreign governments, foreign nationals, foreign organizations, or
non-U.S. citizens without permission of the originator.
16. Classified information may be marked as "Originator Controlled," abbreviated
"ORCON." This marking indicates that dissemination beyond pre-approved U.S. entities requires
originator approval.
17. Classified information of any designation may be shared only with persons
determined by an appropriate United States Government official to be eligible for access, and who
possess a "need to know." Among other requirements, in order for a person to obtain a security
clearance allowing that person access to classified United States Government information, that
person is required to and must agree to properly protect classified information by not disclosing
such information to persons not entitled to receive it, by not unlawfully removing classified
information from authorized storage facilities, and by not storing classified information in
unauthorized locations. If a person is not eligible to receive classified information, classified
information may not be disclosed to that person. In order for a foreign government to receive
5
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 6 of 38
access to classified information, the originating United States agency must determine that such
release is appropriate.
18. Pmsuant to Executive Order 13526, classified information contained on automated
information systems, including networks and telecommunications systems, that collect, create,
communicate, compute, disseminate, process, or store classified information must be maintained
in a manner that: (1) prevents access by unauthorized persons; and (2) ensures the integrity of the
information.
19. 32 C.F .R. Parts 2001 and 2003 regulate the handling of classified information.
Specifically, 32 C.F.R. § 2001.43, titled "Storage," regulates the physical protection of classified
information. This section prescribes that Secret and Top Secret information "shall be stored in a
[General Services Administration]-approved security container, a vault built to Federal Standard
(FHD STD) 832, or an open storage area constructed in accordance with§ 2001.53." It also
requires periodic inspection of the container and the use of an Intrusion Detection System, among
other things.
20. Under 18 U.S.C. § 1519:
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or
makes a false entry in any record, document, or tangible object with the intent to
impede, obstruct, or influence the investigation or proper administration of any
matter within the jurisdiction of any department or agency of the United States or
any case filed under title 11, or in relation to or contemplation of any such matter
or case, shall be fined under this title, imprisoned not more than 20 years, or both.
21. Under 18 U.S.C. § 2071:
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or
destroys, or attempts to do so, or, with intent to do so takes and carries away any
record, proceeding, map, book, paper, document, or other thing, filed or deposited
with any clerk or officer of any court of the United States, or in any public office,
or with any judicial or public officer of the United States, shall be fined under this
title or imprisoned not more than three years, or both.
6
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 7 of 38
(b) Whoever, having the custody of any such record, proceeding, map, book,
document, paper, or other thing, willfully and unlawfully conceals, removes,
mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title
or imprisoned not more than three years, or both; and shall forfeit his office and be
disqualified from holding any office under the United States. As used in this
subsection, the term "office" does not include the office held by any person as a
retired officer of the Armed Forces of the United States.
22. Under the PRA, 44 U.S.C. § 2201:
(2) The term "Presidential records" means documentary materials, or any
reasonably segregable portion thereof, created or received by the President, the
President's immediate staff, or a unit or individual of the Executive Office of the
President whose function is to advise or assist the President, in the course of
conducting activities which relate to or have an effect upon the carrying out of the
constitutional, statutory, or other official or ceremonial duties of the President.
Such term-
(A) includes any documentary materials relating to the political activities of
the President or members of the President's staff, but only if such
activities relate to or have a direct effect upon the carrying out of
constitutional, statutory, or other official or ceremonial duties of the
President; but
(B) does not include any documentary materials that are (i) official records
ofan agency (as defined in section 552(e) of title 5, United States
Code; (ii) personal records; (iii) stocks of publications and stationery;
or (iv) extra copies of documents produced only for convenience of
reference, when such copies are clearly so identified.
23. Under 44 U.S.C. § 3301(a), government "records" are defined as:
all recorded information, regardless of form or characteristics, made or received by
a Federal agency under Federal law or in connection with the transaction of public
business and preserved or appropriate for preservation by that agency or its
legitimate successor as evidence of the organization, functions, policies, decisions,
procedures, operations, or other activities of the United States Government or
because of the informational value of data in them.
PROBABLE CAUSE
NARA Referral
24. On February 9, 2022, the Special Agent in Charge ofNARA's Office of the
7
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 8 of 38
Inspector General sent the NARA Referral via email to DOJ. The NARA Referral stated that
according to NARA's White House Liaison Division Director, a preliminary review of the
FIFTEEN BOXES indicated that they contained "newspapers, magazines, printed news articles,
photos, miscellaneous print-outs, notes, presidential correspondence, personal and post-
presidential records, and 'a lot of classified records.' Of most significant concern was that highly
classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic]
identified."
25. On February 18, 2022, the Archivist of the United States, chief administrator for
NARA, stated in a letter to Congress's Committee on Oversight and Reform Chairwoman The
Honorable Carolyn B. Maloney, "NARA had ongoing communications with the representatives of
former President Trump throughout 2021, which resulted in the transfer of 15 boxes to NARA in
January 2022 .... NARA has identified items marked as classified national security information
within the boxes." The letter also stated that, "[b]ecause NARA identified classified information
in the boxes, NARA staff has been in communication with the Department of Justice." The letter
was made publicly available at the following uniform resource locator (URL):
https://www.archives.gov/files/foia/ferriero-response-to-02.09.2022-maloney-
letter.02. l 8.2022.pdf. On February 18, 2022, the same day, the Save America Political Action
Committee (PAC) posted the following statement on behalf of FPOTUS: "The National Archives
did not 'find' anything, they were given, upon request, Presidential Records in an ordinary and
routine process to ensure the preservation of my legacy and in accordance with the Presidential
Records Act .... " An image of this statement is below.
8
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 9 of 38
*****
SAVE
AMERICA
Statement by Donald J. Trump, 45th President of the
Umted States QI Amenca
!hr S.!lili11,1I Anhnsr1 ,hd not "hu,.J 4U\1Jl.l>Ji, lhry W'"!f" ~l\f'll, upt n J<'""jll,.._!
hi>1}ik'1:!Ul k,r,cctd\ tr. .tr. otdUUl y ilnd l◊lllU* pt<J(t'U (V ~llMUf- U-:f
,,ft''\l'fVl:ltnn !)(mr l!'j(llf:'\" ;ln;:! lit illf"CPrdaun,• "11h 1hr l>ft"'Ul:'.rhli.itl INor,b
Ad Jff1'1~ wa"' ar,.\,,t,1• Vitt ·•ttuo,p tt,n,~ h<>Hh1 ,_... "" •01y t..·o• fn-•,lt·v1. 1tw-
U(•mon.it, ,lr!' In v·a;r<h ofthto:r tw'xt ~,ltl\ 1hr lr.u~n;.i kU1'Wl. lhlt.1iai tlo~x.
twmd tml !u ~•ii 0..nM Ml IU"ijJ.!Jt•d lth•,U•I)' 11, l1dlJ ':"tu;)ht,t nttht\
\ llnt•m lmp,'41 hl"il"l11 U•4lt ~I linflf'--Jfl:nlf"lll H'.M'I; 1112 :and W, lHlJI h ff,,r,·
li.i'J..11! hrn1 .i llt-.n. Tlir f:aliw St'Y.1 bm,d,ms: If wnulitirU1't".'1'11ht' Ptt">it.lrnt
ul lhi' l'ullt<(ISl2tl~ \\,}'! \\l'fl,,lJig l!l i1 mu,;:: t<Jt.,lll. :,.,, f \Va<, hU!>}tlMtt1Jj1Iig
l~J':!.. bttlltlbiJ l?w- !Jlf'J.lMol e.:t11 ..,;:u11y Al~«'llc.111..J e"'r'f ~ n , boUJ11,g f't<M~
rt.-.b. IUalU~ \Ill!' Rmi1,1 ,1ntu·1 d[Uti. 11'1<1,u,r, nuL.lng '>lll"t" Clmu llvlh1 ial,,1•
U~"f'f t.:n~i:.iri. uulnn:,: ·nr tfif'fr w.u. na m1~ttc·11 rtNflnll, .in rnl:"rJV
mdeper..umt tl.:uotr,; td•uU..ilni; :,w JIUlllat;' and law t>n:!on:ti:a~tit $.'tVl:nj: out
SM .11111 Alhrt'thnrnl ()nlt"''liUJ •-"U l!-011►1 Jilli] tllltlllJ 1,11''!i 'io.,,. lu'.\''-' h
ITI\-td.111.1 !'kHlril' u:u l'("(Jfl{);ft)' :n, bru1gdnJt1rynl, our lfonk-t UbWt' 'IJ>l!Jl
o\-errun. arut me inaruure nmt:nUi"\ lrutud vr fr,.oftmng r.,n A.IIWfk a.. ttH•
nlll!'dw )'J\I \Wf,t'I 10 talk .;l,1,11111 ... u pL111H, #f'"l-Tnunp Tl ► 1....:)1W wu1·1
,1.-,,nd ru 1t ah\ 1t,11~tl
26.
27.
9
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 10 of
38
28.
29.
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 11 of
38
Boxes Containing Documents Were Transported from the White House to A-far-a-Lago
30. According to a CBS Miami article titled ''Moving Tmcks Spotted At Mar-a-Lago,"
published Monday, January 18, 2021, at least two moving tmcks were observed at the PREMISES
on January 18, 2021.
31.
32.
11
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 12 of
38
33.
34.
12
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 13 of
38
35.
36.
37.
Provision of the Fifteen Boxes to NARA
38.
13
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 14 of
38
39. On or about May 6, 2021, NARA made a request for the missing PRA records and
continued to make requests until approximately late December 2021 when NARA was informed
twelve boxes were found and ready for retrieval at the PREMISES.
14
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 15 of
38
40.
- 41.
42.
43.
44.
15
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 16 of
38
16
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 17 of
38
The FIFTEEN BOXES Provided to N4.RA Contain Classified Information
4 7. From May 16-18, 2022, FBI agents conducted a prelimina1y review of the
FIFTEEN BOXES provided to NARA and identified documents with classification markings in
fourteen of the FIFTEEN BOXES. A prelin1ina1y triage of the documents with classification
markings revealed the following approximate numbers: 184 unique docmnents bearing
classification markings, including 67 documents marked as CONFIDENTIAL, 92 documents
marked as SECRET, and 25 documents marked as TOP SECRET. Fm1her, the FBI agents
observed markings reflecting the following compa11ments/dissemination controls: HCS, FISA,
ORCON, NOFORN, and SI. Based on my training and experience, I know that documents
classified at these levels typically contain NDI. Several of the documents also contained what
appears to be FPOTUS 's handwritten notes.
48.
49.
17
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 18 of
38
50.
51.
18
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 19 of
38
52.
In the second such letter, which is attached as
Exhibit I, FPOTUS COUNSEL 1 asked DOJ to consider a few "principles," which include
FPOTUS COUNSEL l's claim that a President has absolute authority to declassify documents. In
this letter, FPOTUS COUNSEL 1 requested, among other things, that "DOJ provide this letter to
any judicial officer who is asked to rule on any motion pertaining to this investigation, or on any
application made in com1ection with any investigative request concerning this investigation."
53. I am aware of an at1icle published in Breitbart on May 5, 2022, available at
https://www.breitbart.comvoliticsi2022i05/05/documents-mar-a-lago-marked-classified-were-
ah-eadv-declassifi.ed-kash-patel-savs/, which states that Kash Patel, who is desc1ibed as a former
top FPOTUS administration official, characterized as ''misleading" repo11s in other news
organizations that NARA had fol111d classified mate1ials among records that FPOTUS provided to
NARA from Mar-a-Lago. Patel alleged that such repot1s were misleading because FPOTUS had
declassified the materials at issue.
54.
19
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 20 of
38
55.
56.
20
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 21 of
38
57.
58.
21
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 22 of
38
59.
60.
61. On June 8, 2022, DOJ COUNSEL sent FPOTUS COUNSEL 1 a letter, which
reiterated that the PREMISES are not autho1ized to store classified info1mation and requested the
preservation of the STORAGE ROOM and boxes that had been moved from the White House to
the PREMISES. Specifically, the letter stated in relevant part:
As I previously indicated to you, Mar-a-Lago does not include a secure location
authorized for the storage of classified inf01mation. As such, it appears that since the time
classified documents were removed
from the secure facilities at the White House and moved to Mar-a-Lago on or around
Januaiy 20, 2021, they have not been handled in au approp1iate manner or stored in au
appropriate location. Accordingly, we ask that the room at Mar-a-Lago where the
documents had been stored be secured and that all of the boxes that were moved from the
White House to Mar-a-Lago (along with any other items in that room) be preserved in that
room in their cunent condition lmtil farther notice.
2 18 U.S.C. § 793(e) does not use the tem1 "classified information.'' but rather criminalizes the wtlawful retention of
"information relating to the national defense." The statute does not define "i.11fom1ation related to the national
defense." but courts have construed it broadly. See Gorin, .. United States. 312 U.S. 19. 28 (1941) (holding that the
phrase •'information relating to the national defense" as used in the Espionage Act is a "generic concept of broad
connotations. refen-ing to the military and na\·al establishments and the related activities of national preparedness").
fo addition. the information must be "closely held" by the U.S. government. See United States, .. Squil/acote. 221
F.3d 542, 579 (4th Cir. 2000) (''[I]nfonnation made public by the go\·emment as well as infonnation never protected
by the govemment is not national defense infom1ation."); United States, .. Morison. 844 F.2d 1057, 1071-72 (4th Cir.
1988). Certain courts have also held that the disclosure of the documents must be potentially damaging to the United
States. SeeM01ison, 844 F.2d at 1071-72.
22
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 23 of
38
On June 9, 2022, FPOTUS COUNSEL 1 sent an email to DOJ COUNSEL stating, ''I write to
acknowledge receipt of this letter."
62.
63.
64.
23
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 24 of
38
65.
- 66.
24
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 25 of
38
67.
- 68.
69.
25
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 26 of
38
Tllere is Probable Cause to Believe Tllat Documents Co11taini11g Classified ND/ and
Preside111ial Records Remain at tile Premises
70.
71.
26
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 27 of
38
72.
73.
27
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 28 of
38
74.
75.
76.
28
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 29 of
38
77. Based upon this investigation, I believe that the STORAGE ROOM, FPOTUS's
residential suite, Pine Hall, the "45 Office," and other spaces within the PREMISES are not
cunently authorized locations for the storage of classified information or NDI. Similarly, based
upon this investigation, I do not believe that any spaces within the PRE1,1ISES have been
authorized for the storage of classified information at least since the end of FPOTUS 's
Presidential Administration on January 20, 2021.
78. As described above, evidence of the SUBJECT OFFENSES has been stored in
multiple locations at the PREMISES.
Accordingly, this affidavit seeks authorization to search the "45 Office" and all storage rooms and
29
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 30 of
38
any other rooms or locations where boxes or records may be stored within the PREMISES, as
further described in Attachment A. The PREMISES is currently closed to club members for the
summer; however, as specified in Attachment A, if at the time of the search, there are areas of the
PREMISES being occupied, rented, or used by third parties, and not otherwise used or available
to be used by FPOTUS and his staff, the search would not include such areas.
CONCLUSION
79. Based on the foregoing facts and circumstances, I submit that probable cause exists
to believe that evidence, contraband, fruits of crime, or other items illegally possessed in violation
18 U.S.C. §§ 793(e), 2071, or 1519 will be found at the PREMISES. Further, I submit that this
affidavit supports probable cause for a warrant to search the PREMISES described in Attachment
A and seize the items described in Attachment B.
REQUEST FOR SEALING
80. It is respectfully requested that this Court issue an order sealing, until further order
of the Court, all papers submitted in support of this application, including the application and
search warrant. I believe that sealing this document is necessary because the items and
information to be seized are relevant to an ongoing investigation and the FBI has not yet identified
all potential criminal confederates nor located all evidence related to its investigation. Premature
disclosure of the contents of this affidavit and related documents may have a significant and
negative impact on the continuing investigation and may severely jeopardize its effectiveness by
allowing criminal parties an opportunity to flee, destroy evidence (stored electronically and
otherwise), change patterns of behavior, and notify criminal confederates.
30
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 31 of
38
SEARCH PROCEDURES FOR HANDLING POTENTIAL ATTORNEY-CLIENT
PRIVILEGED INFORMATION
The following procedures will be followed at the time of the search in order to protect
against disclosures of attorney-client privileged material:
81. These procedures will be executed by: (a) law enforcement personnel conducting
this investigation (the "Case Team"); and (b) law enforcement personnel not participating in the
investigation of the matter, who will search the "45 Office" and be available to assist in the event
that a procedure involving potentially attorney-client privileged information is required (the
"Privilege Review Team").
82. The Case Team will be responsible for searching the TARGET PREMISES.
However, the Privilege Review Team will search the "45 Office" and conduct a review of the seized
materials from the "45 Office" to identify and segregate documents or data containing potentially
attorney-client privileged information.
83. If the Privilege Review Team determines the documents or data are not potentially
attorney-client privileged, they will be provided to the law-enforcement personnel assigned to the
investigation. If at any point the law-enforcement personnel assigned to the investigation
subsequently identify any data or documents that they consider may be potentially attorney-client
privileged, they will cease the review of such identified data or documents and refer the materials
to the Privilege Review Team for further review by the Privilege Review Team.
84. If the Privilege Review Team determines that documents are potentially attorney-
client privileged or merit further consideration in that regard, a Privilege Review Team attorney
may do any of the following: (a) apply ex parte to the court for a determination whether or not the
documents contain attorney-client privileged material; (b) defer seeking court intervention and
31
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 32 of
38
continue to keep the documents inaccessible to law-enforcement personnel assigned to the
investigation; or (c) disclose the documents to the potential p1ivilege holder, request the privilege
holder to state whether the potential privilege holder asserts attorney-client privilege as to any
documents, including requesting a particularized privilege log, and seek a mling from the comi
regarding any attorney-client privilege claims as to which the P1ivilege Review Team and the
privilege-holder cannot reach agreement.
Respectfully submitted,
Special Agent
Federal Bm·eau of Investigation
Subscribed and sworn before me by
telephone (Wh~sApp) or other reliable electronic
means this _5_ day o , . ISt, 2022:
32
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 33 of
38
EXHIBIT 1
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 34 of
38
A Limited Liability Company
Writer's Direct Contact:
400 East Pratt Street - Suite 900
Evan Corcoran
Baltimore, Maryland 2 1 2 0 2
THOMPSON Telephone 410.385.2225
Facsimile 410.547.2432
410-385-2225
ecorcoran(,v,silwnnanthompson.com
Silverman Thompson Slutkin White silvermanthompson.com
Baltin-1orr2 I Towson I .Vew York I JVashington, DC
ATTORNEYS AT L4.W
May 25, 2022
Via Electronic Mail
Jay I. Bratt, Esquire
Chief
Counterintelligence & Expmi Control Section
National Security Division
US. Department of Justice
950 Pennsylvania, Avenue, N.W.
Washington, D.C. 20530
Re: Presidential Records Investigation
Dear Jay:
I write on behalf of President Donald J. Trump regarding the above-referenced matter.
Public trust in the government is low. At such times, adherence to the rules and long-standing
policies is essential. President Donald J. Trump is a leader of the Republican Party. The
Department of Justice (DOJ), as part of the Executive Branch, is under the control of a President
from the opposite party. It is critical, given that dynamic, that every effort is made to ensure that
actions by DOJ that may touch upon the former President, or his close associates, do not involve
politics.
There have been public reports about an investigation by DOJ into Presidential Records
purportedly marked as classified among materials that were once in the White House and
unknowingly included among the boxes brought to Mar-a-Lago by the movers. It is important to
emphasize that when a request was made for the documents by the National Archives and Records
Administration (NARA), President Trump readily and voluntarily agreed to their transfer to
NARA. The communications regarding the transfer of boxes to NARA were friendly, open, and
straightforward. President Trump voluntarily ordered that the boxes be provided to NARA. No
legal objection was asserted about the transfer. No concerns were raised about the contents of the
boxes. It was a voluntary and open process.
Unfortunately, the good faith demonstrated by President Trump was not matched once the boxes
arrived at NARA. Leaks followed. And, once DOJ got involved, the leaks continued. Leaks about
any investigation are concerning. Leaks about an investigation that involve the residence of a
former President who is still active on the national political scene are particularly troubling.
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 35 of
38
Jay I. Bratt
May 25, 2022
Page 2 of3
It is important to note a few bedrock principles:
(1) A President Has Absolute Authority To Declassify Documents.
Under the U.S. Constitution, the President is vested with the highest level of authority when it
comes to the classification and declassification of documents. See U.S. Const., Art. II, § 2 ("The
President [is] Commander in Chief of the Army and Navy of the United States[.]"). His
constitutionally-based authority regarding the classification and declassification of documents is
unfettered. See Navy v. Egan, 484 U.S. 518, 527 (1988) ("[The President's] authority to classify
and control access to information bearing on national security ... flows primarily from this
constitutional investment of power in the President and exists quite apart from any explicit
congressional grant.").
(2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal
Sanction.
Any attempt to impose criminal liability on a President or former President that involves his actions
with respect to documents marked classified would implicate grave constitutional separation-of-
powers issues. Beyond that, the primary criminal statute that governs the unauthorized removal
and retention of classified documents or material does not apply to the President. That statute
provides, in pertinent part, as follows:
Whoever, being an officer, employee, contractor, or consultant of
the United States, and, by virtue of his office, employment, position,
or contract, becomes possessed of documents or materials
containing classified information of the United States, knowingly
removes such documents or materials without authority and with the
intent to retain such documents or materials at an unauthorized
location shall be fined under this title or imprisoned for not more
than five years, or both.
18 U.S.C. § 1924(a). An element of this offense, which the government must prove beyond a
reasonable doubt, is that the accused is "an officer, employee, contractor, or consultant of the
United States." The President is none of these. See Free Enter. Fund v. Pub. Co. Acct. Oversight
Bd., 561 U.S. 477, 497-98 (2010) (citing U.S. Const., Art. II,§ 2, cl. 2) ("The people do not vote
for the 'Officers of the United States."'); see also Melcher v. Fed. Open Mkt. Comm., 644 F. Supp.
510, 518-19 (D.D.C. 1986), aff'd, 836 F.2d 561 (D.C. Cir. 1987) ("[a]n officer of the United States
can only be appointed by the President, by and with the advice and consent of the Senate, or by a
court of law, or the head of a department. A person who does not derive his position from one of
these sources is not an officer of the United States in the sense of the Constitution."). Thus, the
statute does not apply to acts by a President.
2
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 36 of
38
Jay I. Bratt
May 25, 2022
Page 3 of3
(3) DOJ Must Be Insulated From Political Influence.
According to the Inspector General ofDOJ, one of the top challenges facing the Department is the
public perception that DOJ is influenced by politics. The report found that "[o]ne important
strategy that can build public trust in the Department is to ensure adherence to policies and
procedures designed to protect DOJ from accusations of political influence or partial application
of the law." See https://oig.justice.gov/reports/top-management-and-performance-challenges-
facing-depatiment-justice-2021 (last visited May 25, 2022). We request that DOJ adhere to long-
standing policies and procedures regarding communications between DOJ and the White House
regarding pending investigative matters which are designed to prevent political influence in DOJ
decision-making.
(4) DOJ Must Be Candid With Judges And Present Exculpatory Evidence.
Long-standing DOJ policy requires that DOJ attorneys be candid in representations made to
judges. Pursuant to those policies, we request that DOJ provide this letter to any judicial officer
who is asked to rule on any motion pertaining to this investigation, or on any application made in
connection with any investigative request concerning this investigation.
The official policy ofDOJ further requires that prosecutors present exculpatory evidence to a grand
jury. Pursuant to that policy, we request that DOJ provide this letter to any grand jury considering
evidence in connection with this matter, or any grand jury asked to issue a subpoena for testimony
or documents in connection with this matter.
Thank you for your attention to this request.
With best regards,
~4..-M-
M. Evan Corcoran
cc: Matthew G. Olsen
Assistant Attorney General
National Security Division
Via Electronic Mail
3
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 37 of
38
ATTACHMENT A
Property to be searched
The premises to be searched, 1100 S Ocean Blvd, Palm Beach, FL 33480, is further
described as a resort, club, and residence located near the intersection of Southern Blvd and S
Ocean Blvd. It is described as a mansion with approximately 58 bedrooms, 33 bathrooms, on a
17-acre estate. The locations to be searched include the "45 Office," all storage rooms, and all
other rooms or areas within the premises used or available to be used by FPOTUS and his staff
and in which boxes or documents could be stored, including all structures or buildings on the
estate. It does not include areas currently (i.e., at the time of the search) being occupied, rented,
or used by third parties (such as Mar-a-Largo Members) and not otherwise used or available to be
used by FPOTUS and his staff, such as private guest suites.
Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 38 of
38
ATTACHMENT B
Property to be seized
All physical documents and records constituting evidence, contraband, fruits of crime, or
other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071, or 1519, including the
following:
a. Any physical documents with classification markings, along with any
containers/boxes (including any other contents) in which such documents are located, as
well as any other containers/boxes that are collectively stored or found together with the
aforementioned documents and containers/boxes;
b. Information, including communications in any form, regarding the
retrieval, storage, or transmission of national defense information or classified material;
c. Any government and/or Presidential Records created between January
20, 2017, and January 20, 2021; or
d. Any evidence of the knowing alteration, destruction, or concealment of
any government and/or Presidential Records, or of any documents with classification
markings.