When the Department of Justice searched now-President Donald Trump’s estate at Mar-a-Lago for alleged “classified documents,” the FBI had warned weeks prior that agents could not find probable cause.
The DOJ and FBI raided Mar-a-Lago in Palm Beach, Florida, on August 8, 2022, claiming Trump was storing boxes of confidential records from the White House. Now, Sen. Chuck Grassley (R-Iowa) released documents on December 16 revealing that FBI agents warned they could not find probable cause for a search.
Received shocking new docs 2day from DOJ & FBI showing FBI DID NOT BELIEVE IT HAD PROBABLE CAUSE to raid Pres Trump's Mar-a-Lago home but Biden DOJ pushed for it anyway
Based on the records Mar-a-Lago raid was a miscarriage of justice
Read for urself: https://t.co/qbJNT0tcRE pic.twitter.com/ljWdjndhHE— Chuck Grassley (@ChuckGrassley) December 16, 2025
An FBI assistant special agent in counterintelligence, from the Washington Field Office, wrote on July 20, 2022, that investigators could not find probable cause.
“WFO does not believe (and has articulated to DOJ C[ounterintelligence] E[xport] C[ontrol]), that we have established probable cause for the search warrant for classified records at Mar a Lago,” the agent wrote. “DOJ has opined that they do have probable cause, requesting a wide scope including residence, office, storage space.”
The six weeks trying to find probable cause for a search warrant had been “counterproductive,” according to the agent. Investigators had reportedly interviewed former White House Chief of Staff Mark Meadows, now-Deputy Chief of Staff for Strategic Implementation Nick Luna, and others.
“Continued investigation and additional interviews have not found any witness who has reported seeing classified records at Mar a Lago since the return of records via [omitted] compliance on June 3, 2022.”
One FBI agent questioned whether these efforts were worthwhile, saying on July 13 that year the investigation was “time consuming for the team” and “not productive.”
“We haven’t generated any new facts, but keep being given draft after draft after draft,” the agent wrote. “Absent a witness coming forward with recent information about classified on site, at what point is it fair to table this?”
Even earlier, on June 1, an FBI agent cast doubt on the allegations about the classified document.
“Very little has been developed related to who might be culpable for mishandling the documents… WFO has been drafting a search warrant affidavit related to these potential boxes, but has some concerns that the information is single source, has not been corroborated, and may be dated,” the agent wrote. “DOJ CES opines, however, that the SWs meet the probable cause standard.”
DOJ Special Counsel Jack Smith led the prosecution against Trump for the alleged mishandling of classified documents, and a federal judge dismissed the case in 2024, as The Dallas Express reported at the time. Smith defended the prosecution on December 17.
Shortly after Grassley released the documents, FBI Director Kash Patel confirmed their authenticity.
“It’s true,” Patel posted on X. “We just turned over documents to Capitol Hill to be made public showing the FBI told DOJ they did not have probable cause for raiding President Trump’s home in Mar A Lago but DOJ ‘didn’t give a damn’ and did it anyway.”
It’s true – we just turned over documents to Capitol Hill to be made public showing the FBI told DOJ they did not have probable cause for raiding President Trump’s home in Mar A Lago but DOJ “didn’t give a damn” and did it anyway. https://t.co/qIlShYTd5V
— FBI Director Kash Patel (@FBIDirectorKash) December 16, 2025
