Trump’s throw-everything-against-the-wall response to the Mar-a-Lago search – POLITICO
Rare is the case that a Trump emissary is an addendum to, and not the focus of, a high-profile proceeding. And Bobbs decision to observe rather than partake ended up earning her a grilling from typically friendly Fox News host Laura Ingraham, who wondered whether she had forfeited Trumps right to help shape the process behind the potential release of the FBIs affidavit.
We really just chose to see how it would play out, Bobb replied.
The moment underscored an increasingly apparent truth about Donald Trumps legal strategy in the week since the FBI searched his Mar-a-Lago home: He and his team havent settled on a singular approach and appear in the dark about what may come next. Trump has often used litigation to delay but has been loath to go on offense, particularly when hes likely to lose. His vow Friday to make a major motion appeared in keeping with that approach.
While its unclear whether the former president or any of his top allies are at imminent risk of criminal charges, they have sketched out competing and sometimes conflicting positions that may come into play as the investigation now in its early stages accelerates.
Heres a look at the Trump teams early, shifting strategies and how they may fare:
Bobbs quiet approach to Thursdays hearing in Florida differed conspicuously from the tack taken by Trump, who has loudly insisted that DOJ release the unredacted affidavit underlying the search warrant executed at Mar-a-Lago. Several media organizations and conservative Judicial Watch filed motions with a federal magistrate judge to do just that.
But Trump never authorized his legal team to make that formal request.
His demand for the release of the affidavit was itself a shift. He and his team initially resisted public release of the search warrant itself, which they had access to on Aug. 8. Only after Attorney General Merrick Garland took the unusual step of moving to release the warrant did Trump start calling for transparency.
The public clamor that avoids an actual legal battle suggests Trump is treading cautiously lest his legal team commit to a course of action he cant take back later.
When Trump got his publicly stated wish to release the search warrant, Americans learned about dozens of boxes containing classified material he had squirreled away at his estate, and that DOJ was probing potential felonies, including mishandling of classified material and obstruction of justice.
Trumps team, via media ally John Solomon one of the former presidents authorized representatives to the National Archives floated a new defense on Thursday: Trump told people he considered the materials he stashed at his house to be personal items that belonged to him.
Its unclear whether and how Trump actually made such a designation, and his team has yet to produce evidence of it. But its not a trivial issue. A mishmash of past court rulings have suggested presidents wield enormous sway over their own materials, including the ability to designate some as personal, which removes them from the strict requirements of the Presidential Records Act.
Though the laws governing these designations have made clear that documents deemed personal should also have no inherent value to the operations of government, theres no mechanism to question a presidents decision on this score unless the Archives chooses to challenge it.
Police stand outside an entrance to former President Donald Trump's Mar-a-Lago estate, Aug. 8, 2022, in Palm Beach, Fla.|Wilfredo Lee/AP Photo
But theres one problem for Trump in this defense: The power to deem records personal ended the moment his presidency did. So, if he hadnt designated the records taken to Mar-a-Lago by that point, then the determination was no longer his to make.
Given that several of Trumps allies and aides have suggested he didnt know what was packed in the boxes that were shipped to his estate, it would be hard to argue he had designated them as personal items.
Since the FBI went into Mar-a-Lago, Trump and his attorneys have argued that the search warrant itself was deficient overly broad and approved by a biased magistrate judge.
Their evidence of Judge Bruce Reinharts bias? He donated to Barack Obama. Some Trump supporters have pointed as well to his work more than a decade ago for employees and associates of Jeffrey Epstein. But its unclear how that creates a conflict with issues related to Trump. And Reinhart also gave contributions to Jeb Bush.
Trumps team has also suggested that Reinharts recusal from a sprawling lawsuit by Trump against Hillary Clinton and dozens of current and former DOJ officials is proof of bias. But Reinhart, one of six magistrates to recuse from that case, never indicated the reason for his decision. In fact, its far likelier that he recused for a more mundane reason: a prior working relationship with one of the dozens of defendants in the case or their attorneys.
But the approach to Reinhart has also been mixed. After a week of pounding the judge as biased, Trumps team embraced his resistance to keeping the affidavit fully sealed.
An important side note: While Trump asked that Reinhart recuse from this case, there really isnt a case to step aside from at the moment, simply a search warrant that was requested and granted, followed by a dispute over how much of those records should be public. If Trump or someone else is charged criminally in connection with the missing records, a judge would be randomly assigned.
Even if the search warrant passes legal muster, Trumps allies say, the FBI blew past its constraints, seizing boxes at random and just hoarding as much as possible. While theres significant evidence to the contrary, Trump hammered on this point days after the search, focusing on alleged passports that were taken from his estate.
What Trump didnt mention at the time was what the DOJ officials had told him: the passports were flagged by a team of investigators specifically appointed to screen out any improper or privileged information that might be scooped up in an FBI search. The involvement of a so-called filter team signals that DOJ had taken care to ensure investigators didnt lay eyes on evidence they werent meant to see.
Even so, Trumps legal team indicated late Friday it was prepared to make a more concerted push on this front. Attorney Jim Trusty joined pro-Trump radio host Mark Levin to outline Trumps intention to seek a special master to review the materials seized by the FBI and ensure any privileged information isnt seen by the bureau.
Trusty didnt address why it took the legal team 11 days to settle on that strategy, following a year or more of dialogue with archivists and government lawyers. But he said a special master could review large swaths of material that Trumps team believes is subject to privilege claims, arguing that a DOJ-led filter team couldnt be trusted.
Trump promised in a social media post Friday that a legal filing would be forthcoming on this point, but by Sunday morning it still hadnt arrived.
Trump took a similarly lax approach when his former attorney, John Eastman, was fending off efforts by the Jan. 6 select committee to obtain thousands of emails that Eastman had claimed were protected by attorney client privilege with Trump being the client.
For months, a federal judge asked probing questions about Eastmans legal relationship with Trump and demanded that the former law professor produce paperwork proving when he became Trumps lawyer. But the ex-president never engaged in the suit, leaving Eastman wielding only an unsigned retainer agreement. The result? Eastman lost at nearly every turn and the judge issued a damaging ruling that he and Trump likely joined in a criminal conspiracy to overturn the 2020 election.
Trumps attorneys have also contended that the FBI resorted to its most aggressive tactic an unannounced search and seizure of a former presidents home before exhausting less intrusive means. Bobb and other Trump allies noted that DOJ officials made a cordial visit to Mar-a-Lago on June 3. A few days later, DOJ called up Trumps attorneys and asked them to install a padlock on a basement storage room where some of the targeted records were being housed. Then there was radio silence for two months, Trump allies say, until the FBI executed the warrant.
Whats missing from that timeline has seeped out in subsequent reporting: DOJs interactions with Trumps team began only after the Archives had sought for more than a year to obtain the full slate of records held at Mar-a-Lago. The Archives asked DOJ to get involved after it discovered tranches of classified records on site.
In the spring, DOJ used a grand jury subpoena to try to obtain files housed at Mar-a-Lago. Then, soon after officials visited Trumps estate in June, the department issued a new subpoena for surveillance footage that might show important files being moved. Bobb told Ingraham that she believed the Trump team was open to releasing some of that surveillance footage. But they have not released that, or the subpoenas.
The best thing that Trump can probably hope for at the moment is that the search warrant was primarily a mechanism to recover records the government thought it was entitled to and isnt much of an indication of whether he or anyone else will face criminal charges.
Several former top DOJ officials have offered a similar take. But a lot remains unknown.
DOJ counterintelligence official Jay Bratt told Reinhart during Thursdays hearing that the investigation was in its early stages, suggesting that the matter isnt settled but also that charging decisions are a long way off.
Most cases about intentional or unintentional mishandling of classified information dont end in criminal charges. The governments primary goal is typically to end the so-called spill of material as quickly and completely as possible, with consequences for those responsible attended to later.
That means theres a remote likelihood of imminent developments as dramatic as the Aug. 8 Mar-a-Lago search.
But Trumps lawyers will stay busy. The other legal threats he faces include DOJ investigations into the attempted overturning of the 2020 presidential election; civil suits over the violence that unfolded at the Capitol on Jan. 6, 2021; a criminal election-fraud probe in Georgia; and a pair of New York investigations into the tax and accounting practices of his real estate empire and marketing of the Trump brand.
Meridith McGraw contributed.
Read the original here:
Trump's throw-everything-against-the-wall response to the Mar-a-Lago search - POLITICO
- We knew Donald Trump is bad at business. Now the world does, too. | Sheneman cartoon - NJ.com - April 14th, 2025 [April 14th, 2025]
- Donald Trump is now badly wounded. Europe and the UK can seize an advantage - The Guardian - April 12th, 2025 [April 12th, 2025]
- Bill Maher Says Donald Trump Was Gracious and Willing to Listen During White House Visit - hollywoodreporter.com - April 12th, 2025 [April 12th, 2025]
- Bill Maher Recounts Surprising Meeting With Gracious and Measured Donald Trump - TV Insider - April 12th, 2025 [April 12th, 2025]
- Bill Maher's full monologue on his Donald Trump meeting: Read the transcript - USA Today - April 12th, 2025 [April 12th, 2025]
- Donald Trump's tariffs on China, EU and more, at a glance - BBC - April 12th, 2025 [April 12th, 2025]
- Donald Trump Says 'Market Is Going To Boom,' Claiming '$6-7 Trillion' Worth Of Inflows Will Come After The Worst Selloff Since 2020 - Yahoo Finance - April 5th, 2025 [April 5th, 2025]
- Live updates: 'Hands Off!' protesters rally against Donald Trump, Elon Musk - The Hill - April 5th, 2025 [April 5th, 2025]
- Donald Trump's Tariff Formula 'Based on an Error'Conservative Think Tank - Newsweek - April 5th, 2025 [April 5th, 2025]
- The ridiculous real story behind the tariff plan that turned Donald Trump into a global disaster - MSNBC News - April 5th, 2025 [April 5th, 2025]
- "Hang Tough, It Won't Be Easy": Donald Trump To Americans Amid Tariff War - NDTV - April 5th, 2025 [April 5th, 2025]
- This Economic Paradox Nearly Took Down Three Presidents. Is Donald Trump Next? - Politico - April 5th, 2025 [April 5th, 2025]
- Donald Trump says he is very angry with Vladimir Putin over Ukraine - The Guardian US - March 30th, 2025 [March 30th, 2025]
- Donald Trump: Is Irish America moving towards the Republican Party? - BBC.com - March 30th, 2025 [March 30th, 2025]
- Globalisation will triumph over Donald Trump - Financial Times - March 30th, 2025 [March 30th, 2025]
- Donald Trump's Approval Rating Over Economy Plunges to New Low - Newsweek - March 28th, 2025 [March 28th, 2025]
- Called a 'scab' during the campaign, Donald Trump wins UAW backing on tariffs - Detroit Free Press - March 28th, 2025 [March 28th, 2025]
- Donald Trump is moving fast and breaking things, but that may result in a better US | Simon Jenkins - The Guardian - March 28th, 2025 [March 28th, 2025]
- Donald Trump Has Invented Something New and Chilling - Yahoo - March 28th, 2025 [March 28th, 2025]
- Column: Thank you, Donald Trump, for giving me my dad back - - The Daily Tar Heel - March 26th, 2025 [March 26th, 2025]
- Donald Trump's Approval Rating Is Negative With Nearly Every Pollster - Newsweek - March 26th, 2025 [March 26th, 2025]
- Andrii Smytsniuk | Condolences to Kyiv: Ukraine, King Solomon, and Donald Trump - The Daily Pennsylvanian - March 26th, 2025 [March 26th, 2025]
- Whoopi Goldberg has chilling warning about Donald Trump on The View - PennLive - March 26th, 2025 [March 26th, 2025]
- Donald Trump threatens US tariffs on countries buying Venezuelan oil - BBC.com - March 25th, 2025 [March 25th, 2025]
- Donald Trump Calls George Clooney a Second Rate Movie Star After Clooney Calls Out the Government for Trying to Make Journalists Smaller: They Dont... - March 25th, 2025 [March 25th, 2025]
- People Can't Help But Giggle Over This Portrait Of Donald Trump That He Desperately Wants Removed From The Colorado State Capitol - Yahoo... - March 25th, 2025 [March 25th, 2025]
- Donald Trump will soon mark 100 days in power - where does his opposition stand? - Sky News - March 22nd, 2025 [March 22nd, 2025]
- Putin said he prayed for his friend Donald Trump after 2024 assassination attempt, U.S. envoy says - NBC News - March 22nd, 2025 [March 22nd, 2025]
- Donald Trump and John Roberts: A president, a chief justice and a judiciary under pressure - Reuters - March 22nd, 2025 [March 22nd, 2025]
- Prediction: President Donald Trump Is Going to Break His Social Security Promise, and These 16 Words Prove It - The Motley Fool - March 22nd, 2025 [March 22nd, 2025]
- Full List of Names Donald Trump Has Stripped of Security Clearance - Newsweek - March 22nd, 2025 [March 22nd, 2025]
- Social Security: What Donald Trump And Elon Musk Are Doing About Entitlement Program - Forbes - March 13th, 2025 [March 13th, 2025]
- Why John Mearsheimer Thinks Donald Trump Is Right on Ukraine - The New Yorker - March 13th, 2025 [March 13th, 2025]
- What the U.S. ceasefire proposal means for Ukraine, Russia, Europe and Donald Trump - The Conversation Indonesia - March 13th, 2025 [March 13th, 2025]
- Well, It Looks Like We Know What Donald Trump Will Do About Daylight Saving Time Now - Yahoo - March 7th, 2025 [March 7th, 2025]
- Jimmy Carter Reminds Us of Political Integrity; Donald Trump and Corporate America Remain Committed to Darkness - Progressive.org - March 7th, 2025 [March 7th, 2025]
- Donald Trump Supporters Are Waking Up To The Reality Of Their Ballot Choices, And The Stories Are A Loooooot - Yahoo - February 20th, 2025 [February 20th, 2025]
- It took Donald Trump less than a decade to turn the US toward Putins Russia - CNN - February 20th, 2025 [February 20th, 2025]
- Are We Still Friends?: How Donald Trump Is Unraveling the Western Alliance - Vanity Fair - February 20th, 2025 [February 20th, 2025]
- Prediction: President Donald Trump Will Break His Social Security Promise and Propose Cuts -- Just Not in the Way You Might Think - The Motley Fool - February 16th, 2025 [February 16th, 2025]
- It Pays to Be a Friend of Donald Trump - The FP - February 16th, 2025 [February 16th, 2025]
- Donald Trump's 'Drastic' Funding Cuts Face Republican Opposition - Newsweek - February 16th, 2025 [February 16th, 2025]
- President Donald Trump Hangs His Framed Mugshot Outside the Oval Office - E! Online - E! NEWS - February 16th, 2025 [February 16th, 2025]
- Donald Trump wants states and cities to do as they are told - The Economist - February 16th, 2025 [February 16th, 2025]
- Donald Trump Wants Reciprocity in Trade: Heres a Closer Look - Council on Foreign Relations - February 16th, 2025 [February 16th, 2025]
- Interview with President Donald Trump airing ahead of Super Bowl 59: How to watch - USA TODAY - February 9th, 2025 [February 9th, 2025]
- Donald Trump set to make history at the Super Bowl. Heres why hell hate kick-off. - MLive.com - February 9th, 2025 [February 9th, 2025]
- Donald Trump golfs with Tiger Woods ahead of expected Super Bowl LIX visit - New York Post - February 9th, 2025 [February 9th, 2025]
- The Observer view: Vengeful and reckless, Donald Trump must not go unchallenged | Observer editorial - The Guardian - February 9th, 2025 [February 9th, 2025]
- Donald Trump will be at Super Bowl LIX, and he is not happy with the rules - PennLive - February 9th, 2025 [February 9th, 2025]
- Why Chip Roy is one of Donald Trump's biggest threats - POLITICO - January 24th, 2025 [January 24th, 2025]
- What did Donald Trump throw to his inauguration crowd? Find out in the news quiz - NPR - January 24th, 2025 [January 24th, 2025]
- We tracked California's lawsuits against Donald Trump. Here's where the state won and lost - CalMatters - January 24th, 2025 [January 24th, 2025]
- Contempt is a dangerous way to lead a country: here is the sermon that enraged Donald Trump | Mariann Edgar Budde - The Guardian - January 24th, 2025 [January 24th, 2025]
- Donald Trump finds new ways to flex presidential power after returning to the White House - The Associated Press - January 24th, 2025 [January 24th, 2025]
- What to know about President Donald Trump's order targeting the rights of transgender people - The Associated Press - January 24th, 2025 [January 24th, 2025]
- Donald Trump Jr. arrives in Greenland with a message from his dad: 'Were going to treat you well' - The Associated Press - January 7th, 2025 [January 7th, 2025]
- Donald Trump Jr. arrives in Greenland after his father said the U.S. should own the Arctic territory - ABC News - January 7th, 2025 [January 7th, 2025]
- Live updates: Carter casket arrives at Capitol; Donald Trump comments on Greenland, Gulf of Mexico - The Hill - January 7th, 2025 [January 7th, 2025]
- Donald Trump Jr arrives in Greenland as his father says Denmark give it up - Fox News - January 7th, 2025 [January 7th, 2025]
- Donald Trump fumes over flag flying at half-staff to honor Jimmy Carter during inauguration - Yahoo! Voices - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump Will Be Sentenced on 34 Felony Convictions Before Inauguration - PEOPLE - January 3rd, 2025 [January 3rd, 2025]
- How Donald Trump reacted to Mike Johnson winning the House speaker vote - CBS News - January 3rd, 2025 [January 3rd, 2025]
- Letters to the Editor: A wokoso on the reasons more Latinos voted for Donald Trump - Los Angeles Times - January 3rd, 2025 [January 3rd, 2025]
- Mike Johnson reelected as House speaker with support from President-elect Donald Trump - USA TODAY - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump Muddies the Waters in New Orleans - Vanity Fair - January 3rd, 2025 [January 3rd, 2025]
- Donald Trump to Be Sentenced Days Before Swearing In as President - Newsweek - January 3rd, 2025 [January 3rd, 2025]
- How anti-woke spin did the business for Donald Trump - The Guardian US - December 2nd, 2024 [December 2nd, 2024]
- Sen. Alex Padilla says Donald Trump has "made it no secret that he has it in for California - CBS News - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump tests the system of checks and balances just weeks after election - USA TODAY - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump threatens BRICS countries that move away from dollar - Semafor - December 2nd, 2024 [December 2nd, 2024]
- 2 Changes Donald Trump Wants to Make to Social Security: Will 2026 Be the Year They Become Reality? - Yahoo Finance - December 2nd, 2024 [December 2nd, 2024]
- Donald Trump reveals exclusively to The Post what he and Biden spoke about at DC meeting - New York Post - November 14th, 2024 [November 14th, 2024]
- Republicans win 218 US House seats, giving Donald Trump and the party control of government - The Associated Press - November 14th, 2024 [November 14th, 2024]
- Donald Trump Tells House Republicans He Won't Seek a Third Term Unless They 'Figure' Out a Way to Allow It - PEOPLE - November 14th, 2024 [November 14th, 2024]
- Tesla is not the only winner under Donald Trump - The Economist - November 12th, 2024 [November 12th, 2024]
- Donald Trump Jr. Opts Out of White House to Join 1789 Capital - Bloomberg - November 12th, 2024 [November 12th, 2024]
- Opinion | Americans ordered up Donald Trump. The world will foot the bill. - The Washington Post - November 12th, 2024 [November 12th, 2024]
- Opinion: Reflections from across The Pond on Donald Trump's re-election - Palm Beach Post - November 12th, 2024 [November 12th, 2024]
- How could Donald Trump target the LGBTQ+ community? Project 2025 is a ready blueprint for discrimination - The Conversation - November 12th, 2024 [November 12th, 2024]