I’ve tried to keep up with this thread and news story, so forgive me if this has been brought up.
Has anyone thought that they didn’t find anything in the search (and really weren’t expecting to)? That is, this business with the National Archives and Records Administration (NARA) and Trump has been going on for well over a year. The NARA knew Trump had both classified and public documents that the law dictates he should have released to NARA when he left office. Trump knew this as well.
NARA collected some of these documents in January of this year. Apparently, there were some things still missing as discussions progressed through the Spring (including a counterintelligence agent?) at Mar-A-Largo with the NARA requesting increased security for the location where additional records were being stored.
What if, when asked about the missing documents, Trump and his team stonewalled and delayed, saying they were being stored securely but he was not prepared to release them, yet? What if the DOJ obtained very credible evidence that the records in question were no longer at Mar-A-Largo? What if hey were concerned that a team of counterfeiters was working at duplicating false documents to replace the missing ones?
I know, a lot of “What if’s.” But, since all we can do is speculate, let’s go.
How about Trump was on record saying he had the records in question, safe and secure. He pretty much would have to, since they knew he took them and getting rid of them in any manner other than returning them to NARA would be be criminal. The DOJ was concerned that the reason he would not produce them was that he had destroyed them (in violation of the law). So, they got a warrant to search for those records.
If they found the missing records, then a win for the NARA, as they get their records back and the DOJ has hard evidence that Trump removed, retained, and refused to return them (certainly a violation of the law, though perhaps not egregiously criminal).
If they didn’t find them, there’s the evidence that he destroyed them and that he was lying to the Fed’s when he said that he still had them. He can’t really say at this point that they were accidentally destroyed since they were being held in a secure area (verified by NARA investigators) which, presumably has protections to prevent accidental destruction of records.
So, the warrant had to be kept secret so that Trump’s lawyers couldn’t fight it before it was executed. The search had to be thorough enough (even his “empty” safe was “cracked”) so that Trump couldn’t claim that he had these records safe and secure, but the FBI just couldn’t find them.
In this scenario, the only questionable point would be how credible the information was that the documents no longer existed. Seems like a low risk. If the records did exist, while the information the warrant was based on might have been false, the NARA has the legal right to them, so no harm really resulted from the search. If the records did not exist, well, a big OOPS for Trump and the DOJ was right all along.