FBI
FBI Chief Wray plans to resign before Trump takes office in January
FBI Director Christopher Wray announced on Wednesday that he intends to step down at the end of President Joe Biden's term in January. His decision comes just over a week after President-elect Donald Trump declared his intention to nominate Kash Patel, a loyal ally, as the next FBI director.
Speaking at a town hall meeting with FBI employees, Wray cited “weeks of careful thought” behind his decision to leave three years before completing his 10-year term. During his tenure, he worked to maintain the FBI's impartiality despite its involvement in high-profile investigations, including two indictments against Trump last year and probes into President Biden and his son.
“My focus has always been on our mission — the critical work you perform every day for the American people,” Wray told staff. “This decision is about protecting the bureau from deeper entanglement in politics while upholding the values that define how we operate.”
Wray’s resignation, though anticipated given Trump’s plans for Patel, underscores the ongoing impact of Trump’s unconventional approach to Washington norms. By choosing to step aside, Wray aims to avoid a contentious transition as Trump moves to replace him before his term officially concludes.
“It’s not an easy decision,” Wray admitted. “I care deeply about this institution, its mission, and its people. But my priority is, and always has been, doing what’s best for the FBI.”
Read: FBI urges telecom firms to enhance security after chinese hacking campaign
His comments were met with a standing ovation from a packed audience at FBI headquarters, some of whom were visibly emotional, according to an official who spoke anonymously.
Trump welcomed Wray’s decision on social media, calling it “a great day for America” and promising that Patel’s appointment would “end the weaponization” of federal law enforcement while beginning “the process of Making the FBI Great Again.”
If confirmed by the Senate, Patel would mark a significant shift in the FBI's leadership. Patel, who has previously advocated for dismantling the FBI's Washington operations and targeting federal “conspirators,” has sparked concerns about potential misuse of the FBI’s powers for political purposes.
“I’m ready for a smooth transition and eager to serve the American people from day one,” Patel said on Wednesday.
Historically, FBI directors are rarely replaced before their 10-year terms expire — a structure intended to shield the agency from political interference. However, Trump has now replaced two directors, first appointing Wray in 2017 after firing James Comey amid a Russia investigation into his campaign.
Despite appointing Wray, Trump has frequently criticized him, including as recently as last week. In an NBC interview, Trump referenced the FBI's 2022 search of his Mar-a-Lago estate, which he labeled an “invasion.” That search, which recovered classified documents, led to one of two federal cases against Trump — both of which were dismissed after his election victory in November.
Attorney General Merrick Garland commended Wray for his service, highlighting his dedication to protecting national security, civil rights, and the rule of law. Similarly, Natalie Bara, president of the FBI Agents Association, praised Wray for his steady leadership during challenging times.
Throughout his tenure, Wray maintained a low-key approach, emphasizing a “keep calm and tackle hard” mindset despite relentless criticism from Trump and his allies. He sought to distance the FBI from politically charged controversies, including errors in the agency’s Russia investigation that predated his leadership.
Read more: Trump nominates Kash Patel for FBI Director
However, Wray did break with Trump on several occasions, rejecting claims that the Russia probe was a “witch hunt” and publicly disputing Trump’s assertion that Ukraine interfered in the 2016 election.
In his resignation announcement, Wray highlighted the FBI's core mission, praising efforts to combat violent crime, cyberattacks, and terrorism. “Protecting citizens is government’s most sacred responsibility,” he said. “The FBI will continue to evolve to meet emerging challenges.”
While Wray’s leadership drew praise, his tenure was overshadowed by politically sensitive investigations, including inquiries into Hunter Biden’s tax and gun violations and President Biden’s handling of classified materials. Hunter Biden was pardoned by his father last week.
One of the most contentious moments occurred in 2022 when FBI agents searched Mar-a-Lago, recovering sensitive documents Trump had retained. Trump has since used the incident to fuel his criticisms of the FBI, even questioning its findings on an assassination attempt against him earlier this year.
Before becoming FBI director, Wray was a partner at the law firm King & Spalding and led the Justice Department’s criminal division under President George W. Bush, where he gained a reputation for integrity and professionalism.
Source: With inputs from agencies
1 week ago
FBI urges telecom firms to enhance security after chinese hacking campaign
U.S. federal authorities have called on telecommunications companies to strengthen network defenses following a widespread hacking campaign by Chinese operatives that compromised the private communications of an unspecified number of Americans.
The FBI and the Cybersecurity and Infrastructure Security Agency (CISA) issued guidance on Tuesday to help identify and block the hackers, aiming to prevent future cyberespionage. Officials, however, admitted they are still uncertain about the full extent of the breach or whether Chinese hackers retain access to U.S. networks.
Highlighting the global impact of the operation, the U.S. collaborated with security agencies from New Zealand, Australia, and Canada—members of the Five Eyes intelligence alliance, which also includes the UK.
The hacking campaign, referred to as Salt Typhoon, was uncovered earlier this year. Hackers targeted telecommunications networks to access metadata such as call and text logs, including timestamps and recipients. In fewer cases, they intercepted audio files and text content. Victims included government and political officials, and the FBI has reached out to this group. However, the responsibility of notifying affected customers from the larger pool rests with telecom companies.
Despite months of investigations, the true scale of the breach remains unknown. Some of the data targeted by the hackers involved U.S. law enforcement investigations and court orders, potentially linked to programs under the Foreign Intelligence Surveillance Act (FISA). However, officials believe the hackers aimed for broader access to Americans' information by embedding themselves deeply into the nation's telecom systems.
The FBI's recommendations for telecom companies include technical measures like encryption, network centralization, and continuous monitoring. If adopted, these steps could help disrupt ongoing operations like Salt Typhoon and strengthen defenses against similar future attacks, according to Jeff Greene, CISA's executive assistant director for cybersecurity.
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“We’re not under any illusion that these actors won’t try to return,” Greene said.
China has been linked to several high-profile cyberattacks in recent months. In September, the FBI disrupted a Chinese operation that infected over 200,000 consumer devices with malware, creating a botnet capable of launching large-scale cybercrimes. In October, hackers associated with China targeted phones belonging to political figures, including then-presidential candidate Donald Trump and his running mate, JD Vance, as well as individuals tied to Democratic candidate Kamala Harris.
China has denied the allegations, with a spokesperson for its embassy in Washington dismissing them as “disinformation.” The statement emphasized China’s opposition to all forms of cyberattacks and accused the U.S. of engaging in its own cyber operations against other nations.
2 weeks ago
Trump nominates Kash Patel for FBI Director
President-elect Donald Trump announced on Saturday that he will nominate Kash Patel as the next FBI director, tapping a fierce ally to help overhaul the agency and remove what he views as “conspirators” within the government. This decision reflects Trump’s ongoing belief that the nation’s law enforcement and intelligence agencies require radical change, in line with his past calls for retribution against perceived adversaries.
Patel, a former Justice Department prosecutor and staffer for the House Intelligence Committee, is best known for his work on the “Nunes Memo,” which criticized the FBI’s handling of surveillance during the Russia investigation. Trump praised Patel for his role in uncovering what he referred to as the “Russia Hoax” and for standing up for accountability.
Patel’s nomination is expected to spark significant controversy in the Senate, particularly with Republican allies holding a slim majority. Although Trump’s picks are likely to face unified Democratic opposition, the nomination may proceed with the help of the vice president’s tie-breaking vote or through a congressional loophole allowing presidential appointments when the Senate is not in session.
This pick signals that Trump is seeking to place loyalists in key positions, especially after his contentious relationship with current FBI Director Christopher Wray. Wray, who was appointed by Trump in 2017, had previously been the subject of the president’s public ire, particularly after federal investigations and the search of Trump’s Mar-a-Lago estate.
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Patel’s vision for the FBI includes reducing its scope and possibly converting the agency’s headquarters into a “museum of the deep state.” He has also made aggressive statements about prosecuting journalists and government officials involved in leaks.
In addition to Patel, Trump announced Sheriff Chad Chronister of Hillsborough County, Florida, as his nominee for administrator of the Drug Enforcement Administration (DEA). Trump’s choice of Patel, a controversial figure due to his rhetoric and lack of experience in law enforcement, is poised to stir intense debate over the future direction of the FBI and its relationship with the broader intelligence community.
Source: With inputs from agencies
3 weeks ago
FBI announces $20,000 reward for information on Bangladesh-origin man
The Federal Bureau of Investigation (FBI) is offering a reward of up to $20,000 for information leading to the arrest of Bangladesh-origin Ruhel Choudhury.
Ruhel has ties to the Hollis, Queens Village, and Jamaica areas of Queens, New York. He may transport and sell used cars, according to the FBI.
Ruhel Choudhury is wanted for his alleged involvement in two kidnappings that occurred on March 27, 2023, and May 11, 2023, in Queens, New York.
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He and others allegedly abducted the victims off the street and then robbed, tortured, and drugged them.
One victim was held for ransom and sexually assaulted.
Ruhel allegedly provided and drove the vehicles used to confine and transport the victims to various locations in Queens during the kidnappings.
He also allegedly assaulted and threatened the victims. Ruhel was indicted in the United States District Court, Eastern District of New York, Brooklyn, New York, and a federal warrant was issued for his arrest on January 9, 2024, after he was charged with two counts of kidnapping and two counts of kidnapping conspiracy.
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9 months ago
Report on FBI’s Trump-Russia investigation: Some problems but not the ‘crime of the century’
An investigation into the origins of the FBI's probe into ties between Russia and Donald Trump's 2016 presidential campaign has finally been concluded, with the prosecutor leading the inquiry submitting a much-awaited report that found major flaws.
The report, the culmination of a four-year investigation into possible misconduct by U.S. government officials, contained withering criticism of the FBI but few significant revelations. Nonetheless, it will give fodder to Trump supporters who have long denounced the Russia investigation, as well as Trump opponents who say the Durham team's meager court record shows their probe was a politically motivated farce.
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A look at the investigation and the report:
WHO IS JOHN DURHAM?
Durham has spent decades as a Justice Department prosecutor, with past assignments including investigations into the FBI's cozy relationship with mobsters in Boston and the CIA's destruction of videotapes of its harsh interrogations of terrorism subjects.
He was appointed in 2019 to investigate potential misconduct by U.S. government officials as they examined Russian election interference in 2016 and whether there was any illegal coordination between the Kremlin and Trump's presidential campaign.
Despite skimpy results — one guilty plea and two acquittals — that failed to live up to Trump's expectations, Durham was able to continue his work well into the Biden administration, thanks in part to William Barr appointing Durham as a Justice Department special counsel shortly before Barr's 2020 resignation as attorney general.
WHY DID THE TRUMP JUSTICE DEPARTMENT THINK SUCH AN APPOINTMENT WAS NECESSARY?
The appointment came weeks after a different special counsel, Robert Mueller, wrapped up his investigation of possible connections between Russia and the Trump campaign. That probe produced more than two dozen criminal cases, including against a half-dozen Trump associates.
Though it did not charge any Trump aide with working with Russia to tip the election, it did find that Russia interfered on Trump's behalf and that the campaign welcomed, rather than discouraged, the help.
From the start, Barr was deeply skeptical of the investigation's foundation, telling Congress that “spying did occur” on the campaign.
He enlisted an outside prosecutor to hunt for potential misconduct at the government agencies who were involved in collecting intelligence and conducting the investigation, even flying with Durham to Italy to meet with officials there as part of the probe.
WERE THERE PROBLEMS WITH THE RUSSIA INVESTIGATION?
Yes, and a Justice Department inspector general inquiry already identified many.
The watchdog report found that FBI applications for warrants to eavesdrop on a former Trump campaign aide, Carter Page, contained significant errors and omitted information that would likely have weakened or undermined the premise of the application.
The cumulative effect of those errors, the report said, was to make it “appear that the information supporting probable cause was stronger than was actually the case.”
Still, the inspector general did not find evidence that investigators acted with political bias and said there was a legitimate basis to open a full investigation into potential collusion, though Durham has disagreed.
WHAT CRIMINAL CASES DID HE BRING AND WHAT WAS THE OUTCOME?
Durham brought three prosecution during his tenure, but only one resulted in a conviction — and that was for a case referred to him by the Justice Department inspector general. None of the three undid core findings by Mueller that Russia had interfered with the 2016 election in sweeping fashion.
A former FBI lawyer, Kevin Clinesmith, pleaded guilty in 2020 to altering an email related to the surveillance of ex-Trump campaign aide. He was given probation.
But two other cases, both involving alleged false statements to the FBI, resulted in acquittals by jury.
Michael Sussmann, a lawyer for the Hillary Clinton campaign, was found not guilty of lying to the FBI during a meeting in which he presented computer data information that he wanted the FBI to investigate. A different jury acquitted Igor Danchenko, a Russian-American analyst, of charges that he lied to the FBI about his role in the creation of a discredited dossier about Trump.
WHAT SPECIFICALLY DID DURHAM FIND?
Durham found that the FBI acted too hastily and relied on raw and unconfirmed intelligence when it opened the Trump-Russia investigation.
He said at the time the probe was opened, the FBI had no information about any actual contact between Trump associates and Russian intelligence officials.
He also claimed that FBI investigators fell prone to “confirmation bias,” repeatedly ignoring or rationalizing away information that could have undercut the premise of their investigation, and he noted that the FBI failed to corroborate a single substantive allegation from a dossier of research that it relied on during the course of the probe.
“An objective and honest assessment of these strands of information should have caused the FBI to question not only the predication for Crossfire Hurricane, but also to reflect on whether the FBI was being manipulated for political or other purposes,” the report said, using the FBI's code name for the Trump-Russia probe. “Unfortunately, it did not.”
HOW DID THE FBI RESPOND?
The FBI pointed out that it had long ago made dozens of corrective actions. Had those measures been in place in 2016, it says, the errors at the center of the report could have been prevented.
It also took pains to note that the conduct in the report took place before the current director, Christopher Wray, took the job in fall 2017.
WHAT HAPPENS NEXT?
It didn't take long for Republicans in Congress to react. Rep. Jim Jordan, who chairs the House Judiciary Committee, said he had invited Durham to testify on Capitol Hill next week. Trump, too, sought to seize on the report, claiming anew in a post on his Truth Social platform that the Durham report had found “the crime of the century” and calling the Russia investigation the “Democrat Hoax.”
Though the FBI says it's already taken some steps to address the problems cited in the report, Durham did say it's possible more reform could be needed. One idea, he said, would be to provide additional scrutiny of politically sensitive investigations by identifying an official who would be responsible for challenging the steps taken in a probe.
He said his team had considered but did not ultimately recommend steps that would curtail the FBI's investigative authorities, including its use of tools under the Foreign Intelligence Surveillance Act to eavesdrop on suspected spies or terrorists.
1 year ago
FBI records deepen mystery of dig for Civil War-era gold
The court-ordered release of a trove of government photos, videos, maps and other documents involving the FBI's secretive search for Civil War-era gold has a treasure hunter more convinced than ever of a coverup — and just as determined to prove it.
Dennis Parada waged a legal battle to force the FBI to turn over records of its excavation in Dents Run, Pennsylvania, where local lore says an 1863 shipment of Union gold disappeared on its way to the U.S. Mint in Philadelphia. The FBI, which went to Dents Run after sophisticated testing suggested tons of gold might be buried there, has long insisted the dig came up empty.
Parada and his advisers, who have spent countless hours poring over the newly released government records, believe otherwise. They accuse the FBI of distorting key evidence and improperly withholding records in an apparent effort to conceal the recovery of a historic, extremely valuable gold cache. The FBI defends its handling of the materials.
Parada's dispute with the FBI is playing out in federal court, where a judge overseeing the case must decide whether the FBI will have to release its operational plan for the gold dig and other records it wants to keep secret. The judge could also order the FBI to keep looking for additional materials to turn over to the treasure hunter.
“We feel we were double-crossed and lied to,” Parada said in an interview at his cramped, wood-paneled office, where huge drill bits and high-end metal detectors compete for space with rusty miners' picks, Civil War-era cannon parts and other odds and ends he's dug up over the years.
“The truth will come out,” said Parada, co-founder of the treasure-hunting outfit Finders Keepers. Solving the mystery is not his only goal — he had hoped to earn a finder’s fee from the potential recovery of hundreds of millions of dollars worth of gold.
An FBI spokesperson declined to answer questions about the agency’s gold dig records or respond to the coverup allegations, citing the ongoing litigation. Last year, the FBI released a statement publicly acknowledging for the first time that it had been looking for gold in Dents Run. The statement said the FBI did not find any, adding the agency “continues to unequivocally reject any claims or speculation to the contrary.”
There is little evidence in the historical record to suggest that an Army detachment lost a gold shipment in the Pennsylvania wilderness — possibly the result of an ambush by Confederate sympathizers — but the legend has inspired generations of treasure hunters, Parada among them.
He and his son spent years looking for the fabled gold of Dents Run, eventually guiding the FBI to a remote woodland site 135 miles (220 kilometers) northeast of Pittsburgh where they say their instruments identified a large quantity of metal. The FBI brought in a geophysical consulting firm whose sensitive equipment detected a 7- to 9-ton mass suggestive of gold.
Armed with a warrant, a team of FBI agents came in March 2018 to dig up the hillside. An FBI videographer was on hand to document it, at one point interviewing a Philadelphia-based agent on the FBI’s art-crime team who explained why the FBI was in the woods of one of Pennsylvania's most sparsely populated counties.
“We’ve identified through our investigation a site that we believe has U.S. property, which includes a significant sum of base metal which is valuable ... particularly gold, maybe silver,” the agent said on the video, his face blurred by the FBI to protect his privacy.
Calling it a “155-year-old cold case,” he said the FBI had corroborated Parada’s information about the location of the reputed gold through "scientific testing." He stressed the test results did not prove the presence of gold. Only a dig would help law enforcement “get to the bottom of this story once and for all,” the agent said.
Parada obtained the video and other FBI records through a Freedom of Information Act lawsuit, hoping they would help answer lingering questions about what took place at Dents Run five years ago. Parada was mostly kept away from the dig site while the FBI did its work.
He suspects the agency conducted a clandestine, overnight dig between the first and second days of the court-authorized excavation, found the gold, and spirited it away. Residents have previously told of hearing a backhoe and jackhammer overnight — when the dig was supposed to have been paused — and seeing a convoy of FBI vehicles, including large armored trucks. The FBI has denied it conducted an overnight dig.
Parada and a consultant, Warren Getler, have focused on a handful of FBI photos and an accompanying photo log that have them questioning the FBI's official gold dig timeline. At issue is the presence or absence of snow in the images and the timing of a storm that briefly disrupted operations. For example, an FBI image that was supposed to have been taken about an hour after the squall does not show any snow on a large, moss-covered boulder at the dig site. That same boulder is snow-covered in a photo that FBI records indicate was taken the next morning — some 15 hours after the storm.
They accuse the FBI of altering the sequence of events to conceal an overnight excavation.
“We have compelling evidence a night dig took place, and that the FBI went to some large effort to cover up that night dig,” said Getler, co-author of “Rebel Gold,” a book exploring the possibility of buried Civil War-era caches of gold and silver.
There are other seeming anomalies in the records, according to Finders Keepers' legal motion. Among them:
— The FBI initially turned over hundreds of photos, but rendered them in low-resolution, high-contrast black-and-white, making it impossible to tell the time of day they were taken or even, in some cases, what they show. The treasure hunters went back and requested several dozen of the photos in color, which the FBI provided.
— The agency did not provide any video of the second and final day of the dig. Nor did it produce any photos or video showing what the FBI’s own hand-drawn map described as a 30-foot-long, 12-foot-deep trench — which the treasure hunters claim could have only been dug overnight. Government lawyers acknowledged these gaps in the photo and video record but did not elaborate in a court filing last week.
— The consulting firm hired by the FBI to assess the possibility of gold produced a report on its findings, but the version given to the treasure hunters seems to be missing key pages.
— The FBI did not provide any of its agents' travel and expense invoices, which could shed further light on the dig timeline.
The records released so far “cast doubt on the FBI’s claim to have found nothing and raise serious and troubling questions about the FBI’s conduct during the dig and in this litigation, where it has gone to great lengths to distort critical evidence,” Anne Weismann, a lawyer for Finders Keepers, wrote in a legal filing that seeks records, including the FBI’s operational plan, that she says were improperly withheld.
The Justice Department did not address the treasure hunters’ most explosive claims of a possible coverup in its latest legal filing. The government instead told a federal judge in Washington, D.C., that the FBI had satisfied its legal obligation to the treasure hunters to search for its records of the dig, and asked for the case to be closed.
The judge has yet to rule.
Parada said he will keep asking questions until he gets satisfactory answers.
“I will stick at this until the end, until I know everything that happened to that gold,” he said. “How much, where it went to, who has it now. I gotta know.”
1 year ago
FBI searched Biden home, found documents marked classified
The FBI searched President Joe Biden’s home in Wilmington, Delaware, on Friday and located six additional documents containing classified markings and also took possession of some of his notes, the president’s lawyer said Saturday.
The president voluntarily allowed the FBI into his home, but the lack of a search warrant did not dim the extraordinary nature of the search. It compounded the embarrassment to Biden that started with the disclosure Jan. 12 that the president’s attorneys had found a “small number” of classified records at a former office at the Penn Biden Center in Washington shortly before the midterm elections. Since then, attorneys found six classified documents in Biden’s Wilmington home library from his time as vice president.
Though Biden has maintained “ there’s no there there,” the discoveries have become a political liability as he prepares to launch a reelection bid, and they undercut his efforts to portray an image of propriety to the American public after the tumultuous presidency of his predecessor, Donald Trump.
Read more: Biden on classified docs discovery: 'There's no there there'
The documents taken by the FBI spanned Biden's time in the Senate and the vice presidency, while the notes dated to his time as vice president, said Bob Bauer, the president’s personal lawyer. He added that the search of the entire premises lasted nearly 13 hours. The level of classification, and whether the documents removed by the FBI remained classified, was not immediately clear as the Justice Department reviews the records.
“We found a handful of documents were filed in the wrong place,” Biden told reporters Thursday in California. “We immediately turned them over to the Archives and the Justice Department.”
Biden added that he was “fully cooperating and looking forward to getting this resolved quickly.”
The president and first lady Jill Biden were not at the home when it was searched. They were spending the weekend at their home in Rehoboth Beach, Delaware.
It remains to be seen whether additional searches by federal officials of other locations might be conducted. Biden's personal attorneys previously conducted a search of the Rehoboth Beach residence and said they did not find any official documents or classified records.
The Biden investigation has also complicated the Justice Department’s probe into Trump’s retention of classified documents and official records after he left office. The Justice Department says Trump took hundreds of records marked classified with him upon leaving the White House in early 2021 and resisted months of requests to return them to the government, and that it had to obtain a search warrant to retrieve them.
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Bauer said the FBI requested that the White House not comment on the search before it was conducted, and that Biden's personal and White House attorneys were present. The FBI, he added, “had full access to the President’s home, including personally handwritten notes, files, papers, binders, memorabilia, to-do lists, schedules, and reminders going back decades."
The Justice Department, he added, “took possession of materials it deemed within the scope of its inquiry, including six items consisting of documents with classification markings and surrounding materials, some of which were from the President’s service in the Senate and some of which were from his tenure as Vice President."
Attorney General Merrick Garland has appointed former Maryland U.S. Attorney Robert Hur as a special counsel to investigate any potential wrongdoing surrounding the Biden documents. Hur is set to take over from the Trump-appointed Illinois U.S. Attorney John Lausch in overseeing the probe.
“Since the beginning, the President has been committed to handling this responsibly because he takes this seriously,” White House lawyer Richard Sauber said Saturday. “The President’s lawyers and White House Counsel’s Office will continue to cooperate with DOJ and the Special Counsel to help ensure this process is conducted swiftly and efficiently.”
The Biden document discoveries and the investigation into Trump, which is in the hands of special counsel Jack Smith, are significantly different. Biden has made a point of cooperating with the DOJ probe at every turn — and Friday's search was voluntary — though questions about his transparency with the public remain.
For a crime to have been committed, a person would have to “knowingly remove” the documents without authority and intend to keep them at an “unauthorized location.” Biden has said he was “surprised” that classified documents were uncovered at the Penn Biden Center.
Generally, classified documents are to be declassified after a maximum of 25 years. But some records are of such value they remain classified for far longer, though specific exceptions must be granted. Biden served in the Senate from 1973 to 2009.
1 year ago
FBI: Trump mixed top secret docs with magazines, other items
Fourteen of the 15 boxes recovered from former President Donald Trump’s Florida estate early this year contained classified documents, many of them top secret, mixed in with miscellaneous newspapers, magazines and personal correspondence, according to an FBI affidavit released Friday.
No space at Trump’s Mar-a-Lago estate was authorized for the storage of classified material, according to the court papers, which laid out the FBI’s rationale for searching the property this month, including “probable cause to believe that evidence of obstruction will be found.”
The 32-page affidavit — heavily redacted to protect the safety of witnesses and law enforcement officials and “the integrity of the ongoing investigation” — offers the most detailed description to date of the government records being stored at Mar-a-Lago long after Trump left the White House. It also reveals the gravity of the government’s concerns that the documents were there illegally.
The document makes clear how the haphazard retention of top secret government records, and the apparent failure to safeguard them despite months of entreaties from U.S. officials, has exposed Trump to fresh legal peril just as he lays the groundwork for another potential presidential run in 2024.
“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 government records,” an FBI agent wrote on the first page of the affidavit.
Documents previously made public show that federal agents are investigating potential violations of multiple federal laws, including one that governs gathering, transmitting or losing defense information under the Espionage Act. The other statutes address the concealment, mutilation or removal of records and the destruction, alteration or falsification of records in federal investigations.
Trump has long insisted, despite clear evidence to the contrary, that he fully cooperated with government officials. And he has rallied Republicans behind him by painting the search as a politically motivated witch hunt intended to damage his reelection prospects. He repeated that refrain on his social media site Friday, saying he and his representatives had had a close working relationship with the FBI and “GAVE THEM MUCH.”
The affidavit does not provide new details about 11 sets of classified records recovered during the Aug. 8 search at Mar-a-Lago but instead concerns a separate batch of 15 boxes that the National Archives and Records Administration retrieved from the home in January. The Archives sent the matter to the Justice Department, indicating in its referral that a review showed “a lot” of classified materials, the affidavit says.
The affidavit made the case to a judge that a search of Mar-a-Lago was necessary due to the highly sensitive material found in those 15 boxes. Of 184 documents with classification markings, 25 were at the top secret level, the affidavit says. Some had special markings suggesting they included information from highly sensitive human sources or the collection of electronic “signals” authorized by a special intelligence court.
And some of those classified records were mixed with other documents, including newspapers, magazines and miscellaneous print-outs, the affidavit says, citing a letter from the Archives.
Douglas London, a former senior CIA officer and author of “The Recruiter,” said this showed Trump’s lack of respect for controls. “One of the rules of classified is you don’t mix classified and unclassified so there’s no mistakes or accidents,” he said.
The affidavit shows how agents were authorized to search a large swath of Mar-a-Lago, including Trump’s official post-presidential “45 Office,” storage rooms and all other areas in which boxes or documents could be stored. They did not propose searching areas of the property used or rented by Mar-a-Lago members, such as private guest suites.
The FBI submitted the affidavit, or sworn statement, to a judge so it could obtain the warrant to search Trump’s property. Affidavits typically contain vital information about an investigation, with agents spelling out the justification for why they want to search a particular location and why they believe they’re likely to find evidence of a potential crime there.
The documents routinely remain sealed during pending investigations. But in an acknowledgment of the extraordinary public interest in the investigation, U.S. Magistrate Judge Bruce Reinhart on Thursday ordered the department by Friday to make public a redacted version of the affidavit.
In a separate document unsealed Friday, Justice Department officials said it was necessary to redact some information to “protect the safety and privacy of a significant number of civilian witnesses, in addition to law enforcement personnel, as well as to protect the integrity of the ongoing investigation.”
The second half of the affidavit is almost entirely redacted, making it impossible to discern the scope of the investigation or where it might be headed. It does not reveal which individuals might be under investigation and it does not resolve core questions, such as why top secret documents were taken to Mar-a-Lago after the president’s term ended even though classified information requires special storage.
Trump’s Republican allies in Congress were largely silent Friday as the affidavit emerged, another sign of the GOP’s reluctance to publicly part ways with the former president, whose grip on the party remains strong during the midterm election season. Both parties have demanded more information about the search, with lawmakers seeking briefings from the Justice Department and FBI once Congress returns from summer recess.
Though Trump’s spokesman derided the investigation as “all politics,” the affidavit makes clear the FBI search was hardly the first time federal law enforcement had expressed concerns about the records. The Justice Department’s top counterintelligence official, for instance, visited Mar-a-Lago last spring to assess how the documents were being stored.
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The affidavit includes excerpts from a June 8 letter in which a Justice Department official reminded a Trump lawyer that Mar-a-Lago did not include a secure location authorized to hold classified records. The official requested that the room at the estate where the documents had been stored be secured, and that the boxes that were moved from the White House to Mar-a-Lago “be preserved in that room in their current condition until further notice.”
The back-and-forth culminated in the Aug. 8 search in which agents retrieved 11 sets of classified records.
The document unsealed Friday also offer insight into arguments the Trump legal team is expected to make. It includes a letter from Trump lawyer M. Evan Corcoran in which he asserts that a president has “absolute authority” to declassify documents and that “presidential actions involving classified documents are not subject to criminal sanction.”
Mark Zaid, a longtime national security lawyer who has criticized Trump for his handling of classified information, said the letter was “blatantly wrong” to assert Trump could declassify “anything and everything.”
“There are some legal, technical defenses as to certain provisions of the espionage act whether it would apply to the president,” Zaid said. “But some of those provisions make no distinction that would raise a defense.”
In addition, the affidavit includes a footnote from the FBI agent who wrote it observing that one of the laws that may have been violated doesn’t even use the term “classified information” but instead criminalizes the unlawful retention of national defense information.
2 years ago
FBI seized top secret documents in Trump estate search
The FBI recovered “top secret” and even more sensitive documents from former President Donald Trump’s Mar-a-Lago estate in Florida, according to court papers released Friday after a federal judge unsealed the warrant that authorized the sudden, unprecedented search this week.
A property receipt unsealed by the court shows FBI agents took 11 sets of classified records from the estate during a search on Monday.
The seized records include some marked not only top secret but also “sensitive compartmented information,” a special category meant to protect the nation’s most important secrets that if revealed publicly could cause “exceptionally grave” damage to U.S. interests. The court records did not provide specific details about information the documents might contain.
The warrant says federal agents were investigating potential violations of three different federal laws, including one that governs gathering, transmitting or losing defense information under the Espionage Act. The other statutes address the concealment, mutilation or removal of records and the destruction, alteration or falsification of records in federal investigations.
The property receipt also shows federal agents collected other potential presidential records, including the order pardoning Trump ally Roger Stone, a “leatherbound box of documents,” and information about the “President of France.” A binder of photos, a handwritten note, “miscellaneous secret documents” and “miscellaneous confidential documents” were also seized in the search.
Trump’s attorney, Christina Bobb, who was present at Mar-a-Lago when the agents conducted the search, signed two property receipts — one that was two pages long and another that is a single page.
In a statement earlier Friday, Trump claimed that the documents seized by agents were “all declassified,” and argued that he would have turned them over if the Justice Department had asked.
While incumbent presidents generally have the power to declassify information, that authority lapses as soon as they leave office and it was not clear if the documents in question have ever been declassified. And even an incumbent’s powers to declassify may be limited regarding secrets dealing with nuclear weapons programs, covert operations and operatives, and some data shared with allies.
Read: Jan. 6 panel deepens probe to Trump Cabinet, awaits Thomas
Trump kept possession of the documents despite multiple requests from agencies, including the National Archives, to turn over presidential records in accordance with federal law.
The Mar-a-Lago search warrant served Monday was part of an ongoing Justice Department investigation into the discovery of classified White House records recovered from Trump’s home earlier this year. The Archives had asked the department to investigate after saying 15 boxes of records it retrieved from the estate included classified records.
It remains unclear whether the Justice Department moved forward with the warrant simply as a means to retrieve the records or as part of a wider criminal investigation or attempt to prosecute the former president. Multiple federal laws govern the handling of classified information, with both criminal and civil penalties, as well as presidential records.
U.S. Magistrate Judge Bruce Reinhart, the same judge who signed off on the search warrant, unsealed the warrant and property receipt Friday at the request of the Justice Department after Attorney General Merrick Garland declared there was “substantial public interest in this matter,” and Trump said he backed the warrant’s “immediate” release. The Justice Department told the judge Friday afternoon that Trump’s lawyers did not object to the proposal to make it public.
In messages posted on his Truth Social platform, Trump wrote, “Not only will I not oppose the release of documents ... I am going a step further by ENCOURAGING the immediate release of those documents.”
The Justice Department’s request was striking because such warrants traditionally remain sealed during a pending investigation. But the department appeared to recognize that its silence since the search had created a vacuum for bitter verbal attacks by Trump and his allies, and felt 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.
The information was released as Trump prepares for another run for the White House. During his 2016 campaign, he pointed frequently to an FBI investigation into his Democratic opponent, Hillary Clinton, over whether she mishandled classified information.
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.
In this case, according to a person familiar with the matter, there was substantial engagement with Trump and his representatives prior to the search warrant, including a subpoena for records and a visit to Mar-a-Lago a couple of months ago by FBI and Justice Department officials to assess how the documents were stored. The person was not authorized to discuss the matter by name and spoke on condition of anonymity.
FBI and Justice Department policy cautions against discussing ongoing investigations, both to protect the integrity of the inquiries 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.
In this case, though, Garland cited the fact that Trump himself had provided the first public confirmation of the FBI search, “as is his right.” The Justice Department, in its new filing, also said that disclosing information about it now would not harm the court’s functions.
The Justice Department under Garland has been leery of public statements about politically charged investigations, or of confirming to what extent it might be investigating Trump as part of a broader probe into the Jan. 6 riot at the U.S. Capitol and efforts to overturn the results of the 2020 election.
The department has tried to avoid being seen as injecting itself into presidential politics, as happened in 2016 when then-FBI Director James Comey made an unusual public statement announcing that the FBI would not be recommending criminal charges against Clinton regarding her handling of email — and when he spoke up again just over a week before the election to notify Congress that the probe was being effectively reopened because of the discovery of new emails.
The attorney general also condemned verbal attacks on FBI and Justice Department personnel over the search. Some Republican allies of Trump have called for the FBI to be defunded. Large numbers of Trump supporters have called for the warrant to be released hoping they it will show that Trump was unfairly targeted.
“I will not stand by silently when their integrity is unfairly attacked,” Garland said of federal law enforcement agents, calling them “dedicated, patriotic public servants.”
Earlier Thursday, an armed man wearing body armor tried to breach a security screening area at an FBI field office in Ohio, then fled and was later killed after a standoff with law enforcement. A law enforcement official briefed on the matter identified the man as Ricky Shiffer and said he is believed to have been in Washington in the days leading up to the attack on the Capitol and may have been there on the day it took place.
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GOP rallies around Trump following FBI search of his estate
For much of the year, small cracks in Donald Trump’s political support have been growing.
Dissatisfied Republican primary voters began to consider new presidential prospects. GOP donors grappled with damaging revelations uncovered by the Jan. 6 committee. S everal party leaders pondered challenging Trump for the party’s 2024 nomination.
But after the FBI executed a search warrant at his Florida estate, the Republican Party unified swiftly behind the former president.
Florida Gov. Ron DeSantis, who likely represents Trump’s strongest potential primary challenger, described the Biden administration as a “regime” and called Monday’s Mar-a-Lago search for improperly taken classified documents “another escalation in the weaponization of federal agencies against the Regime’s political opponents.”
The GOP push to portray Trump as the victim of a politicized Justice Department ignored the potential criminal misconduct that justified the search in the eyes of a federal judge. It overlooked Trump’s role in hiring now-vilified FBI Director Chris Wray, who also served as a high-ranking official in a Republican-led Justice Department. The Biden White House, meanwhile, said it had no prior knowledge of the search.
But the robust defense serves as a fresh reminder of the former president’s enduring grip on the GOP, driven by an ability to use a sense of grievance among many Republican voters toward government and other institutions. Trump tapped into that animosity to overcome two impeachments and the fallout from an insurrection. His allies said Tuesday that the FBI search would only strengthen his position again.
“The sooner he kicks off his campaign, the better,” Indiana GOP Rep. Jim Banks, the chair of the Republican Study Committee, said in an interview.
Banks was among about a dozen Republican lawmakers who spent several hours Tuesday evening with Trump at his summer home in Bedminster, New Jersey. During a meal that included steak, scallops, mashed potatoes, salad and a Trump cookie, the group talked about the upcoming midterm elections and the 2024 presidential race, Banks said.
The former president told the lawmakers “his mind is made up” about a 2024 campaign and “we’ll all be happy with his decision.”
The FBI search seemed to trigger a shift among Trump’s advisers, who had been privately urging him to wait until after the midterm elections to announce his intention to seek the presidency again. Suddenly, some of those same advisers were urging him to launch his campaign before the November elections.
Trump stoked such speculation in the hours after the search by posting a campaign-style video on social media. “The best is yet to come,” he said.
He followed up with a fundraising appeal, making it personal by declaring “it’s important that you know that it wasn’t just my home that was violated — it was the home of every patriotic American who I have been fighting for.”
In Columbia, South Carolina, Sen. Lindsey Graham said he spoke with Trump and felt sure another campaign was coming.
“One thing I can tell you,” Graham said. “I believed he was going to run before. I’m stronger in my belief now.”
As Republicans rallied behind Trump, Democrats pushed back against GOP claims of political interference, without evidence. Some accused the GOP of a departure from its longstanding commitment to “law and order.”
“The FBI director was appointed by Donald Trump,” said House Speaker Nancy Pelosi.
Asked if the raid might hurt Democrats in the November elections, she said: “You’re talking about if the Justice Department decides to have a warrant to go in because they suspect something is justified, it’s going to have an impact on the election? No, no, no, no, no.”
Some of Trump’s most vocal Republican critics still shied away from embracing the former president. And it was unclear how rank-and-file Republican voters and independents frustrated by Trump’s divisive leadership might be moved by the new developments.
Former New Jersey Gov. Chris Christie, a former federal prosecutor and one of many Republicans considering a 2024 presidential bid, noted Tuesday that a federal judge had to sign off on the warrant.
“The former president is presumed innocent,” Christie said in an interview. “On the other hand, we can’t immediately impugn the motives of the prosecutors just because they’re from another political party.”
“It’s an extraordinary action. And there better be some pretty extraordinary facts to underlie it. If there are, then they have every right to do it.”
And some other Republican officials seemed to express continued concerns about Trump by refusing to weigh in at all.
The relatively short list of those GOP leaders who remained silent Tuesday afternoon was led by Senate Republican leader Mitch McConnell, who has privately encouraged his party to move past Trump. But the Kentucky Republican eventually weighed in, saying: “The country deserves a thorough and immediate explanation of what led to the events of Monday. Attorney General Garland and the Department of Justice should already have provided answers to the American people and must do so immediately.”
The overwhelming majority — from House Republican Leader Kevin McCarthy to DeSantis, accused the Biden administration of “weaponizing” the Justice Department and ignored any potential wrongdoing by Trump.
“The GOP now fully embraces the notion that Trump should, indeed, be above the law, and that Trump 2.0 will be a bonfire of vengeance,” wrote Republican commentator Charlie Sykes, a frequent Trump critic.
Former Vice President Mike Pence, who is gearing up for a presidential run of his own, said he shared “the deep concerns of millions of Americans” over the search of Trump’s private residence.
He stopped short of attacking the FBI, however. Instead, he said Attorney General Merrick Garland should “give a full accounting to the American people as to why this action was taken and he must do so immediately.”
Republican Sens. Tom Cotton of Arkansas and Josh Hawley of Missouri aggressively condemned the Justice Department on Trump’s behalf.
Hawley called the search “an unprecedented assault on democratic norms and the rule of law.” He called for Garland’s resignation or impeachment and the removal of FBI Director Wray.
Cotton said Garland had “weaponized” the Justice Department against his political enemies. “There will be consequences for this,” he warned.
Also from Arkansas, Gov. Asa Hutchinson, still another Republican weighing a 2024 run, called the search “unprecedented and alarming.” But like Pence, he added, “We must see the probable cause affidavit before making a judgment.”
The search intensified the months-long probe into how classified documents ended up in boxes of White House records located at Mar-a-Lago earlier this year. A separate grand jury is investigating efforts by Trump and allies to overturn the results of the 2020 presidential election.
In late June, long before the latest development, 48% of U.S. adults said that Trump should be charged with a crime for his role in the Jan. 6 attack on the Capitol, according to a poll from The Associated Press-NORC Center for Public Affairs Research.
Views on Trump’s criminal liability broke down predictably along party lines, with 86% of Democrats and 10% of Republicans saying Trump should be charged. Still, the fact that nearly half the country believed he should be prosecuted represents a remarkable position for the former president, pointing to the difficulties he could face in another White House run.
Former Trump adviser Sam Nunberg said Monday’s FBI search would almost certainly strengthen Trump’s standing among Republican primary voters, especially those Republicans who had begun to lean toward DeSantis or another fresh face. But if Trump is ultimately indicted for a federal crime related to the search, as Nunberg said he expects, the former president’s ability to win over a broader group of voters in the 2024 general election could take a major hit.
“Despite the fantasies of everyone from Sean Hannity to Steve Bannon, I can promise you that someone under indictment isn’t going to get elected president of the United States,” Nunberg said.
But on Tuesday, at least, the Republican Party was squarely behind Trump, its undisputed leader.
One of Trump’s most vocal supporters in Congress, Rep. Marjorie Taylor Greene of Georgia, almost seemed to thank the Justice Department for bringing her party together.
“I’ve talked a lot about the civil war in the GOP and I lean into it because America needs fearless & effective Republicans to finally put America First,” she tweeted. “Last night’s tyrannical FBI raid at MAR is unifying us in ways I haven’t seen.”
2 years ago