Garland asks court to unseal warrant for Mar-a-Lago search

WASHINGTON — The Justice Department is asking a federal court to unseal the warrant the FBI used to search the Mar-a-Lago estate of former President Donald Trump, Attorney General Merrick Garland said Thursday, acknowledging extraordinary public interest in the case about classified records.

The request is striking because such documents traditionally remain sealed during a pending investigation. But the Justice Department appeared to recognize that its silence since the search had created a vacuum for bitter verbal attacks by Trump and his allies, and that the public was entitled to the FBI’s side about what prompted Monday’s action at the former president’s home.

“The public’s clear and powerful interest in understanding what occurred under these circumstances weighs heavily in favor of unsealing,” said a motion filed in federal court in Florida on Thursday.

Should the warrant be released — the request is now with the judge, and Trump can object — it could disclose unflattering information about the former president and about FBI scrutiny of his handling of sensitive government documents right as he prepares for another run for the White House. During his successful 2016 campaign, he pointed frequently to an FBI investigation into his Democratic opponent, Hillary Clinton, over whether she mishandled classified information.

It’s unclear at this point how much information would be included in the documents, if made public, or if they would encompass an FBI affidavit that would presumably lay out a detailed factual basis for the search. The department specifically requested the unsealing of the warrant as well as a property receipt listing the items that were seized, along with two unspecified attachments.

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.

Neither Trump nor the FBI has said anything about what documents the FBI might have recovered, or what precisely agents were looking for. But the former president complained anew Thursday about the search.

Trump, who for years has lambasted the FBI and sought to sow distrust among his supporters in its decisions, said the warrant was served and the search conducted despite his cooperation with the Justice Department over the search.

In a post to his Truth Social platform, Trump said that his “attorneys and representatives were cooperating fully” prior to the search, and that government officials “could have had whatever they wanted, whenever they wanted, if we had it.”

The Justice Department has until Friday afternoon to alert the judge about whether Trump will object to the release.

FBI and Justice Department policy cautions against discussing ongoing investigations, both to protect the integrity of probes and to avoid unfairly maligning someone who is being scrutinized but winds up ultimately not being charged.

That’s especially true in the case of search warrants, where supporting court papers are routinely kept secret as the investigation proceeds.