1 

U.S. Department of Justice 

National Security Division 

Counterintelligence and Export Control Section Washington, D.C. 20530

 September 19, 2022 

By ECF and Courtesy Copy 

Judge Raymond J. Dearie 

United States District Court 

 Eastern District of New York 

225 Cadman Plaza East 

Brooklyn, NY 11202 

Re: Donald J. Trump v. United States of America, Case No. 22-81294-CIV-CANNON – 

Proposed Agenda Items for Preliminary Conference 

 

Dear Judge Dearie: 

Pursuant to your Order (ECF 94), which invited the parties to submit a proposed agenda for the 

preliminary conference to be held on Tuesday, September 20, 2022, the government submits the 

following proposed agenda: 

1. Precise mechanics of document flow. 

2. Aspects of the Order Appointing you as Special Master, ECF 91 (the “Appointment 

Order”) (e.g., facilitation of consultation with the National Archives and Records 

Administration (ECF 91 ¶ 3)) and discussion of the Draft Case Management Plan 

provided by the Special Master to the parties on September 19, 2022. 

3. Next progress review and status conference. 

The government elaborates on each proposed topic below. 

1. Precise mechanics of document flow

The Appointment Order contemplates the review of approximately 11,000 documents obtained 

through the execution of a court-authorized search warrant on August 8, 2022 (the “Seized 

Materials”) by shortly after Thanksgiving.1 The review process generally requires Plaintiff to 

1

 The government applied to the Eleventh Circuit for a stay last week and Plaintiff’s response is 

due tomorrow at noon, before the Master’s preliminary conference. If the Eleventh Circuit stays 

Judge Cannon’s order with respect to documents with classification markings, then the Special 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 1 of 113
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2 

categorize the Seized Materials as Presidential records or personal records, assert privileges that 

Plaintiff believes apply, and record those positions on a document-by-document basis in logs. 

For its part, the government is to review Plaintiff’s position and agree or disagree. Any 

disagreements are to be submitted to the Special Master for a report and recommendation to 

Judge Cannon. 

To implement the Appointment Order and complete the Special Master review process in an 

efficient and timely fashion, the government proposes that a third-party vendor be engaged to 

scan, host, and provide access to the Seized Materials to both parties on a Relativity platform, 

with each party to have access to its own private workspace to review and code documents.2 The 

Relativity document-review platform is familiar to both parties and will provide a secure, 

customizable, and auditable space in which each party can separately prepare and review logs. If 

he wishes, the Special Master can also review and mark his decisions in the Relativity platform, 

or he could make his notations on hard-copy printouts of the materials. 

To provide documents for Plaintiff’s review as soon as possible, the government is prepared to 

provide the Seized Materials (not including the Filter Materials) to the vendor, once selected and 

engaged, on approximately one day’s notice in the Washington, D.C. metropolitan area and 

similar notice plus travel time if the vendor is located outside the Washington, D.C. metropolitan 

area. FBI agents will attend and observe the scanning process to maintain the chain of custody of 

the evidence. The document-review vendor will be bound by a judicial protective order (which 

will be submitted to Judge Cannon tomorrow, September 20, 2022). 

The government proposes that the document-review vendor “batch out” documents on a rolling 

basis as they are scanned so that the Parties can begin reviewing them promptly. The government 

proposes that the Parties target the processing and logging of about 500 documents each business 

day. The vast majority of documents should be easy to categorize as Presidential or personal 

records. 

With respect to the Filter Materials, and consistent with the Appointment Order, on September 

16, 2022, the Privilege Review Team provided Bates-stamped copies of the Filter Materials, as 

well as a list of the materials with short descriptions and Bates ranges, to Plaintiff’s Counsel. 

Non-documentary items (e.g., items of clothing) will be made available to Plaintiff’s counsel and 

the Special Master for review at the FBI’s Washington Field Office on reasonable notice during 

Master will not review the documents with classification markings. If the Eleventh Circuit does 

not stay the review of the documents with classification markings, the government will propose a 

way forward. 

 

2

 As reflected in the public record, the government’s Privilege Review Team already reviewed 

the Seized Materials to identify potentially privileged attorney-client communications. (See ECF 

71.) Applying an extremely low threshold to screen for such potentially privileged 

communications, the Privilege Review Team identified a small number of documents (the “Filter 

Materials”). Those Filter Materials remain in the custody of the Privilege Review Team and are 

segregated from the investigative team.

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3 

business hours beginning tomorrow. As previously stated in other filings, once the parties agree 

that certain items are personal records, or the Court has made such a determination, the 

government will return such items that were not commingled with classified documents by 

stipulation. The government will maintain a control copy of returned materials. 

2. Other aspects of the Appointment Order (e.g., facilitation of consultation with the 

National Archives and Records Administration (ECF 91 ¶ 3)) and discussion of the 

Draft Case Management Plan provided by the Special Master to the parties on 

September 19, 2022 

The Appointment Order permits the Special Master to consult with the National Archives and 

Records Administration (ECF 91 ¶ 3). The government strongly urges the Special Master to 

consult with NARA in its determinations and is available to facilitate that consultation. The 

government is also prepared to address any questions the Special Master has for the parties on 

any aspect of the Appointment Order. 

The parties should also address the Draft Case Management Plan provided by the Special Master 

to the parties on September 19, 2022. 

3. Next progress review and status conference 

For at least the first few weeks, the government proposes that the Master conduct weekly reviews 

with the parties by video or audio conference to resolve questions and ensure smooth operation 

of the review process.3 

Attached to this letter, and pursuant to the Appointment Order, the government provides the 

search warrant executed in this matter and the redacted public versions of the underlying 

application materials for the search warrant. ECF 91 ¶ 13. 

Also attached to this letter please find a copy of the government’s proposed Judicial Protective 

Order, which is due to be filed with Judge Cannon tomorrow (Tuesday, the day of the 

preliminary conference). ECF 91 ¶ 19. Because the judicial protective order affects this Master’s 

review process, we provide a copy in case the Master wishes to inform Judge Cannon of any 

comments or concerns before it is entered. 

3

 The government is also available to meet in person if the Special Master prefers.

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4 

Thank you for your consideration. 

 

 Respectfully submitted, 

 

 

 JUAN ANTONIO GONZALEZ 

 UNITED STATES ATTORNEY 

 MATTHEW G. OLSEN 

 Assistant Attorney General 

 By: /s/ 

 JAY I. BRATT 

 Chief 

 JULIE EDELSTEIN 

 Deputy Chief 

 STEPHEN MARZEN 

 Trial Attorney 

 Counterintelligence and Export Control Section 

 National Security Division 

 Department of Justice 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 4 of 113
Attachment 1 

Search Warrant (MJ Dkt 17) 

 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 5 of 113
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA------~---, 

...,.&.,"'"'-_/l_'7_ D. C. 

CASE NO. 22-MJ-8332-BER 

AUG 11 2022 

IN RE SEALED SEARCH WARRANT FILED 

______ _ _ _ _ _ / 

NOTICE OF FILING OF REDACTED DOCUMENTS 

The United States hereby gives notice that it is filing the following document, which 

is a redacted version of material previously filed in this case number under seal: 

• The search warrant (not including the affidavit) signed and approved by the Court on 

August 5, 2022, including Attachments A and B; 

• The Property Receipt listing items seized pursuant to the search, filed with the Court 

on August 11 , 2022. 

ANTO O GONZALEZ 

TES ATTORNEY 

orida Bar No. 897388 

99 NE 4th Street, 8th Floor 

Miami, Fl 33132 

Tel: 305-961-9001 

Email: juan. antonio .gonzalez@usdoj.gov 

/7 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 6 of 113 Case 9:22-mj-08332-BER Document 17 Entered on FLSD Docket 08/11/2022 Page 1 of 7
AO 93 (Rev. 11/ 13) Search and Seizure Warrant 

UNITED STATES DISTRICT COURT 

for the 

Sou them Disuict of F101ida 

In the Matter of the Search of ) 

(Briefly describe the property to be searched ) 

or identify the person by name and address) ) Case No. 22-mj-8332-BER 

the Premises Located at 1100 S. Ocean Blvd., Palm ) 

Beach, FL 33480, as further described in Attachment A ) 

) 

SEARCH AND SEIZURE WARRANT 

To: Any authorized law enforcement officer 

An application by a federal law enforcemenr officer or an attorney for the government requests the search 

of the following person or property located in the Southern District of Florida 

(identify the person or describe the property to be searched and give its location): 

See Attachment A 

I find that the affidavit(s) or any recorded testimony, establish probable cause to search and seize the person or property 

described above, and that such search will reveal (identify the person or describe the property to be seized): 

See Attachment B 

YOU ARE COMMANDED to execute this wa1rnnt on or before August 19, 2022 (not to exceed 14 days) 

~ in the daytime 6:00 a.m. to 10:00 p.m. D at any time in the day or night because good cause has been established. 

Unless delayed notice is authmized below, you must give a copy of the wanant and a receipt for the prope1ty taken to the 

person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the place where tl1e 

property was taken. 

The officer executing this wanant, or an officer present during the execution of the wanant must prepare an invent01y 

as required by law and promptly return this wanant and invento1y to Duty Magistrate 

(United States Magistrate Judge) 

D Pursuant to 18 U.S.C. § 3103a(b) I find that inlmediate notification may have an adverse result listed in 18 U.S.C. 

§ 2705 (except for delay of tiial), and authorize the officer executing this wanant to delay notice to the person who, or whose 

prope1ty, will be searched or seized ,check the a •• ro. riate box) D for __ ~ys /nm ::iA □ un~ :h~/:,:,:stilying ilie late~!~ 

Date and time issued: cJ~ /~-/, P'/'2. /~ _ r ~-'Judge'ssignat 

City and state: West Palm Beach, FL Hon. Bruce Reinhart, U.S. Magistrate Judge 

Printed name and title 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 7 of 113 Case 9:22-mj-08332-BER Document 17 Entered on FLSD Docket 08/11/2022 Page 2 of 7
ATTACHMENT A 

Property to be searched 

The premises to be searched, 1100 S Ocean Blvd, Palm Beach, FL 33480, is further 

described as a resort, club, and residence located near the intersection of Southern Blvd and S 

Ocean Blvd. It is described as a mansion with approximately 58 bedrooms, 33 bathrooms, on a 

17-acre estate. The locations to be searched include the "45 Office," all storage rooms, and all 

other rooms or areas within the premises used or available to be used by FPOTUS and his staff 

and in which boxes or documents could be stored, including all structures or buildings on the 

estate. It does not include areas currently (i.e., at the time of the search) being occupied, rented, 

or used by third parties (such as Mar-a-Largo Members) and not otherwise used or available to be 

used by FPOTUS and his staff, such as private guest suites. 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 8 of 113 Case 9:22-mj-08332-BER Document 17 Entered on FLSD Docket 08/11/2022 Page 3 of 7
ATTACHMENT B 

Property to be seized 

All physical documents and records constituting evidence, contraband, fruits of crime, or 

other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071 , or 1519, including the 

following: 

a. Any physical documents with classification markings, along with any 

containers/boxes (including any other contents) in which such documents are located, as 

well as any other containers/boxes that are collectively stored or found together with the 

aforementioned documents and containers/boxes; 

b. Information, including communications in any form, regarding the 

retrieval, storage, or transmission of national defense information or classified material; 

c. Any government and/or Presidential Records created between January 

20, 2017, and January 20, 2021; or 

d. Any evidence of the knowing alteration, destruction, or concealment of 

any government and/or Presidential Records, or of any documents with classification 

markings. 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 9 of 113 Case 9:22-mj-08332-BER Document 17 Entered on FLSD Docket 08/11/2022 Page 4 of 7
FD-597 (Rev. 4-13-2015) 

UNITED STATES DEPARTMENT OF JUSTICE 

FEDERAL BUREAU OF INVESTIGATION 

RECEIPT FOR PRBPERTY 

Case ID: 

On (date) 8/8/2022 

--- -------

(Name) Mar-A-Lago 

(Street Address) 1100 S OCEAN BLVD 

(City) PALM BEACH, FL 33480 

Description of ltem(s}: 

4 - Documents 

29 - Box labeled A-14 

30 - Box Labeled A-26 

31 · Box Labeled A-43 

32 - Box Labeled A-13 

33 - Box Labeled A-33 

Received By, ~ 6b2 

(signature) 

item(s) listed below were: 

1:8] Collected/Seized 

D Received From 

0 Returned To 

D Released To 

Received From: 

Printed Name/Title: ~,(.,, ~ Printed Name/Title: 

q~ 

lp',[q ~yv. ~ ~J}'>)--

Page 1 of 1 

(signature) 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 10 of 113 Case 9:22-mj-08332-BER Document 17 Entered on FLSD Docket 08/11/2022 Page 5 of 7
FD-597 (Rev. 4-13-2016) 

UNITED STATES DEPARTMENT OF JUSTICE 

FEDERAL BUREAU OF INVESTIGATION 

RECEIPT F8R PROPERTY 

CaselD: WFOn (date) 8/8/2022 item(s) listed below were: 

----------

(Name) Mar-A-Lago 

(Street Address) 1100 S OCEAN BLVD 

{City) PALM BEACH, FL 33480 

Description of ltem(s): 

[8l Collected/Seized 

O Received From 

0 Returned To 

D Released To 

1 - Executive Grant of Clemency re: Rog~r Jason Stone, Jr. 

lA - Info re: President of France 

2 - Leatherbound box of doqJ_ments 

2A - Various classified/TS/SCI documents 

3 - Potential Presidential Record 

5 - Binder of photos 

6 - Binder of photos 

7 - Handwritten note 

8 - Box labeled A-1 

9 - Box labeled A-12 

10 - Box Labeled A-15 

lOA - Miscellaneous Secret Documents 

11 - Box Labeled A-16 

11A - Miscellanous Top Secret Documents 

12 - Box labeled A-17 

13 - Box labeled A-18 

13A - Miscellaneous Top Secret Documents 

14 - Box labeled A-27 

14-A - Miscellaneous Confidential Documents 

Page 1 of 2 

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FD-597 (Rev. 4-13-2015) 

UNITED STATES DEPARTMENT OF JUSTICE 

FEDERAL BUREAU OF INVESTIGATION 

RECEIPT FOR PROPERTY 

15 - Box Labeled A-28 

15A- Miscellaneous Secret Documents 

16 - Box labeled A-30 

17 - Box labeled A-32 

18 - Box labeled A-35 

19 - Box labeled A-23 

19A - Confidential Document 

20 - Box Labeled A-22 

21 - Box labeled A-24 

22 - Box Labeled A-34 

23 - Box Labeled A-39 

23A - Miscellaneous Secret Documents 

24 - Box labeled A-40 

25 - Box Labeled A-41 

25A - Miscellaneous Confidential Documents 

26 - Box Labeled A-42 

26A - Miscellaneous Top Secret Documents 

27 - Box Labeled A-71 

28 - Box Labeled A-73 

28A - Miscellaneous Top 

ReceivedBy: ~~ (5ignature) 

Received From: 

Printed Name/Title: Ol1nJh'r1tt cg,/(Jh Printed Name/Title 

fflrntj 

~ :11 P"" 61/\~i / ;:}')__ 

Page 2 of 2 

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Attachment 2 

Redacted Public Underlying Application Materials 

(MJ Dkt 102) 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 13 of 113
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-MJ-8332-BER

IN RE SEALED SEARCH WARRANT 

________________________________/

NOTICE OF FILING OF REDACTED SEARCH WARRANT AFFIDAVIT

AND REDACTED EX PARTE MEMORANDUM OF LAW 

CONCERNING PROPOSED REDACTIONS

The United States gives notice that, in compliance with the Court’s August 25, 2022 

Order To Unseal, Docket Entry (“D.E.”) 94, it hereby files the redacted version of the search 

warrant affidavit, submitted in support of the search warrant signed and approved by the 

Court on August 5, 2022. The redactions were previously submitted for the Court’s review 

and approved by the Court’s August 25, 2022 Order (DE89-1; DE94).

In addition, this notice includes a redacted copy of the government’s Sealed, Ex Parte

Memorandum of Law Concerning Proposed Redactions, filed on August 25, 2022, along with 

Exhibit B to that Memorandum, a redacted chart explaining the government’s proposed 

redactions—both of which the Court ordered unsealed on August 26, 2022. Exhibit A to that 

filing consists of the proposed redactions to the affidavit, which accompanies this Notice in 

its final, redacted form.

Respectfully submitted,

_/s Juan Antonio Gonzalez ________

JUAN ANTONIO GONZALEZ

UNITED STATES ATTORNEY 

Florida Bar No. 897388

99 NE 4th Street, 8th Floor

Miami, Fl 33132

Tel: 305-961-9001

Email: juan.antonio.gonzalez@usdoj.gov

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 14 of 113 Case 9:22-mj-08332-BER Document 102 Entered on FLSD Docket 08/26/2022 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

IN THE MATTER OF THE SEARCH OF: ) 

) 

) 

) 

Case No. 

LOCATIONS WITHIN THE PREMISES 

TO BE SEARCHED IN ATTACHMENT A Filed Under Seal 

I, 

AFFIDAVIT IN SUPPORT OF AN 

APPLICATION UNDER RULE 41 FOR A 

WARRANT TO SEARCH AND SEIZE 

, being first duly sworn, hereby depose and state as follows: 

INTRODUCTION AND AGENT BACKGROUND 

1. 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 govermnent records. The investigation began as a result of a referral 

the United States National Archives and Records Administration (NARA) sent to the United 

States Department of Justice (DOJ) on Febmary 9, 2022, hereinafter, "NARA Referral." The 

NARA Referral stated that on January 18, 2022, in accordance with the Presidential Records Act 

(PRA), NARA received from the office of former President DONALD J. TRUMP, hereinafter 

"FPOTUS," via representatives, fifteen (15) boxes of records, hereinafter, the "FIFTEEN 

BOXES." The FIFTEEN BOXES, which had been transpotted from the FPOTUS property at 

1100 S Ocean Blvd, Palm Beach, FL 33480, hereinafter, the "PREMISES," a residence and club 

known as "Mar-a-Lago," fmther described in Attachment A, were reported by NARA to contain, 

among other things, highly classified documents intermingled with other records. 

2. After an initial review of the NARA Referral, the Federal Bureau of Investigation 

(FBI) opened a criminal investigation to, among other things, determine how the documents with 

1 

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classification markings and records were removed from the White House ( or any other authorized 

location(s) for the storage of classified materials) and came to be stored at the PREMISES: 

determine whether the storage location(s) at the PREMISES were authorized locations for the 

storage of classified information; detennine whether any additional classified documents or 

records may have been stored in an unauthorized location at the PREMISES or another unknown 

location, and whether they remain at any such location; and identify any person(s) who may have 

removed or retained classified infmmation without authorization and/or in an unauthorized space. 

3. The FBI's investigation has established that documents bearing classification 

markings, which appear to contain National Defense Information (NDI), were among the 

materials contained in the FIFTEEN BOXES and were stored at the PREMISES in an 

1mautho1ized location. 

- Further, there is probable cause to believe that additional documents that contain 

classified NDI or that are Presidential records subject to record retention requirements currently 

remain at the PREMISES. There is also probable cause to believe that evidence of obstmction 

will be found at the PREMISES. 

4. I am a Special Agent with the FBI assigned to the Washington Field Office 

. During this time, I have received training 

at the FBI Academy located at Quantico, Virginia, specific to counterintelligence and espionage 

investigations. 

2 

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Based on my experience and training, I am familiar with efforts used to unlawfully collect, retain, 

and disseminate sensitive government information, including classified NDI. 

5. I make this affidavit in support of an application under Rule 41 of the Federal 

Rules of Criminal Procedure for a warrant to search the premises known as 1100 S Ocean Blvd, 

Palm Beach, FL 33480, the "PREMISES," as further described in Attachment A, for the things 

described in Attachment B. 

6. Based upon the following facts, there is probable cause to believe that the locations 

to be searched at the PREMISES contain evidence, contraband, fruits of crime, or other items 

illegally possessed in violationof18 U.S.C. §§ 793(e), 1519,or2071. 

SOURCE OF EVIDENCE 

7. The facts set forth in this affidavit are based on my personal knowledge, 

knowledge obtained during my participation in this investigation, and information obtained from 

other FBI and U.S. Government personnel. Because this affidavit is submitted for the limited 

purpose of establishing probable cause in support of the application for a search warrant, it does 

not set forth each and every fact that I, or others, have learned during the course of this 

investigation. 

STATUTORY AUTHORITY AND DEFINITIONS 

8. Under 18 U.S.C. § 793(e), "[w]hoever having unauthorized possession of, access 

to, or control over any document ... or information relating to the national defense which 

information the possessor has reason to believe could be used to the injury of the United States or 

to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be 

communicated, delivered, or transmitted" or attempts to do or causes the same "to any person not 

entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee 

3 

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of the United States entitled to receive it" shall be fined or imprisoned not more than ten years, or 

both. 

9. Under Executive Order 13526, information in any form may be classified ifit: (1) 

is owned by, produced by or for, or is under the control of the United States Government; (2) falls 

within one or more of the categories set forth in the Executive Order [Top Secret, Secret, and 

Confidential]; and (3) is classified by an original classification authority who determines that its 

unauthorized disclosure reasonably could be expected to result in damage to the national security. 

10. Where such unauthorized disclosure could reasonably result in damage to the 

national security, the information may be classified as "Confidential" and must be properly 

safeguarded. Where such unauthorized disclosure could reasonably result in serious damage to 

the national security, the information may be classified as "Secret" and must be properly 

safeguarded. Where such unauthorized disclosure could reasonably result in exceptionally grave 

damage to the national security, the information may be classified as "Top Secret" and must be 

properly safeguarded. 

11. Sensitive Compartmented Information (SCI) means classified information 

concerning or derived from intelligence sources, methods, or analytical processes, which is 

required to be handled within formal access control systems. 

12. Special Intelligence, or "SI," is an SCI control system designed to protect technical 

and intelligence information derived from the monitoring of foreign communications signals by 

other than the intended recipients. The SI control system protects SI-derived information and 

information relating to SI activities, capabilities, techniques, processes, and procedures. 

13. HUMINT Control System, or "HCS," is an SCI control system designed to protect 

intelligence information derived from clandestine human sources, commonly referred to as 

4 

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"human intelligence." The HCS control system protects human intelligence-derived information 

and information relating to human intelligence activities, capabilities, techniques, processes, and 

procedures. 

14. Foreign Intelligence Surveillance Act, or "PISA," is a dissemination control 

designed to protect intelligence information derived from the collection of information authorized 

under the Foreign Intelligence Surveillance Act by the Foreign Intelligence Surveillance Court, or 

"FISC." 

15. Classified information may be marked as "Not Releasable to Foreign 

Nationals/Governments/US Citizens," abbreviated "NOFORN," to indicate information that may 

not be released in any form to foreign governments, foreign nationals, foreign organizations, or 

non-U.S. citizens without permission of the originator. 

16. Classified information may be marked as "Originator Controlled," abbreviated 

"ORCON." This marking indicates that dissemination beyond pre-approved U.S. entities requires 

originator approval. 

1 7. Classified information of any designation may be shared only with persons 

determined by an appropriate United States Government official to be eligible for access, and who 

possess a "need to know." Among other requirements, in order for a person to obtain a security 

clearance allowing that person access to classified United States Government information, that 

person is required to and must agree to properly protect classified information by not disclosing 

such information to persons not entitled to receive it, by not unlawfully removing classified 

information from authorized storage facilities, and by not storing classified information in 

unauthorized locations. If a person is not eligible to receive classified information, classified 

information may not be disclosed to that person. In order for a foreign government to receive 

5 

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access to classified information, the originating United States agency must determine that such 

release is appropriate. 

18. Pmsuant to Executive Order 13526, classified information contained on automated 

information systems, including networks and telecommunications systems, that collect, create, 

communicate, compute, disseminate, process, or store classified information must be maintained 

in a manner that: (1) prevents access by unauthorized persons; and (2) ensures the integrity of the 

information. 

19. 32 C.F .R. Parts 2001 and 2003 regulate the handling of classified information. 

Specifically, 32 C.F.R. § 2001.43, titled "Storage," regulates the physical protection of classified 

information. This section prescribes that Secret and Top Secret information "shall be stored in a 

[General Services Administration]-approved security container, a vault built to Federal Standard 

(FHD STD) 832, or an open storage area constructed in accordance with§ 2001.53." It also 

requires periodic inspection of the container and the use of an Intrusion Detection System, among 

other things. 

20. Under 18 U.S.C. § 1519: 

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or 

makes a false entry in any record, document, or tangible object with the intent to 

impede, obstruct, or influence the investigation or proper administration of any 

matter within the jurisdiction of any department or agency of the United States or 

any case filed under title 11, or in relation to or contemplation of any such matter 

or case, shall be fined under this title, imprisoned not more than 20 years, or both. 

21. Under 18 U.S.C. § 2071: 

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or 

destroys, or attempts to do so, or, with intent to do so takes and carries away any 

record, proceeding, map, book, paper, document, or other thing, filed or deposited 

with any clerk or officer of any court of the United States, or in any public office, 

or with any judicial or public officer of the United States, shall be fined under this 

title or imprisoned not more than three years, or both. 

6 

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(b) Whoever, having the custody of any such record, proceeding, map, book, 

document, paper, or other thing, willfully and unlawfully conceals, removes, 

mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title 

or imprisoned not more than three years, or both; and shall forfeit his office and be 

disqualified from holding any office under the United States. As used in this 

subsection, the term "office" does not include the office held by any person as a 

retired officer of the Armed Forces of the United States. 

22. Under the PRA, 44 U.S.C. § 2201: 

(2) The term "Presidential records" means documentary materials, or any 

reasonably segregable portion thereof, created or received by the President, the 

President's immediate staff, or a unit or individual of the Executive Office of the 

President whose function is to advise or assist the President, in the course of 

conducting activities which relate to or have an effect upon the carrying out of the 

constitutional, statutory, or other official or ceremonial duties of the President. 

Such term-

(A) includes any documentary materials relating to the political activities of 

the President or members of the President's staff, but only if such 

activities relate to or have a direct effect upon the carrying out of 

constitutional, statutory, or other official or ceremonial duties of the 

President; but 

(B) does not include any documentary materials that are (i) official records 

ofan agency (as defined in section 552(e) of title 5, United States 

Code; (ii) personal records; (iii) stocks of publications and stationery; 

or (iv) extra copies of documents produced only for convenience of 

reference, when such copies are clearly so identified. 

23. Under 44 U.S.C. § 3301(a), government "records" are defined as: 

all recorded information, regardless of form or characteristics, made or received by 

a Federal agency under Federal law or in connection with the transaction of public 

business and preserved or appropriate for preservation by that agency or its 

legitimate successor as evidence of the organization, functions, policies, decisions, 

procedures, operations, or other activities of the United States Government or 

because of the informational value of data in them. 

PROBABLE CAUSE 

NARA Referral 

24. On February 9, 2022, the Special Agent in Charge ofNARA's Office of the 

7 

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Inspector General sent the NARA Referral via email to DOJ. The NARA Referral stated that 

according to NARA's White House Liaison Division Director, a preliminary review of the 

FIFTEEN BOXES indicated that they contained "newspapers, magazines, printed news articles, 

photos, miscellaneous print-outs, notes, presidential correspondence, personal and postpresidential records, and 'a lot of classified records.' Of most significant concern was that highly 

classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] 

identified." 

25. On February 18, 2022, the Archivist of the United States, chief administrator for 

NARA, stated in a letter to Congress's Committee on Oversight and Reform Chairwoman The 

Honorable Carolyn B. Maloney, "NARA had ongoing communications with the representatives of 

former President Trump throughout 2021, which resulted in the transfer of 15 boxes to NARA in 

January 2022 .... NARA has identified items marked as classified national security information 

within the boxes." The letter also stated that, "[b]ecause NARA identified classified information 

in the boxes, NARA staff has been in communication with the Department of Justice." The letter 

was made publicly available at the following uniform resource locator (URL): 

https://www.archives.gov/files/foia/ferriero-response-to-02.09.2022-maloneyletter.02. l 8.2022.pdf. On February 18, 2022, the same day, the Save America Political Action 

Committee (PAC) posted the following statement on behalf of FPOTUS: "The National Archives 

did not 'find' anything, they were given, upon request, Presidential Records in an ordinary and 

routine process to ensure the preservation of my legacy and in accordance with the Presidential 

Records Act .... " An image of this statement is below. 

8 

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26. 

27. 

***** SAVE 

AMERICA 

Statement by Donald J. Trump, 45th President of the 

Umted States QI Amenca 

!hr S.!lili11,1I Anhnsr1 ,hd not "hu,.J 4U\1Jl.l>Ji, lhry W'"!f" ~l\f'll, upt n J<'""jll,.._! 

hi>1}ik'1:!Ul k,r,cctd\ tr. .tr. otdUUl y ilnd l◊lllU* pt<J(t'U (V ~llMUf- U-:f 

,,ft''\l'fVl:ltnn !)(mr l!'j(llf:'\" ;ln;:! lit illf"CPrdaun,• "11h 1hr l>ft"'Ul:'.rhli.itl INor,b 

Ad Jff1'1~ wa"' ar,.\,,t,1• Vitt ·•ttuo,p tt,n,~ h<>Hh1 ,_... "" •01y t .. ·o• fn-•,lt·v1. 1twU(•mon.it, ,lr!' In v·a;r<h ofthto:r tw'xt ~,ltl\ 1hr lr.u~n;.i kU1'Wl. lhlt.1iai tlo~x. 

twmd tml !u ~•ii 0..nM Ml IU"ijJ.!Jt•d lth•,U•I)' 11, l1dlJ ':"tu;)ht,t nttht\ 

\ llnt•m lmp,'41 hl"il"l11 U•4lt ~I linflf'--Jfl:nlf"lll H'.M'I; 1112 :and W, lHlJI h ff,,r,· 

li.i'J..11! hrn1 .i llt-.n. Tlir f:aliw St'Y.1 bm,d,ms: If wnulitirU1't".'1'11ht' Ptt">it.lrnt 

ul lhi' l'ullt<(ISl2tl~ \\,}'! \\l'fl,,lJig l!l i1 mu,;:: t<Jt.,lll. :,.,, f \Va<, hU!>}tlMtt1Jj1Iig 

l~J':!.. bttlltlbiJ l?w- !Jlf'J.lMol e.:t11 .. ,;:u11y Al~«'llc.111..J e"'r'f ~n, boUJ11,g f't<M~ 

rt.-.b. IUalU~ \Ill!' Rmi1,1 ,1ntu·1 d[Uti. 11'1<1,u,r, nuL.lng '>lll"t" Clmu llvlh1 ial,,1• 

U~"f'f t.:n~i:.iri. uulnn:,: ·nr tfif'fr w.u. na m1~ttc·11 rtNflnll, .in rnl:"rJV 

mdeper .. umt tl.:uotr,; td•uU..ilni; :,w JIUlllat;' and law t>n:!on:ti:a~tit $.'tVl:nj: out 

SM .11111 Alhrt'thnrnl ()nlt"''liUJ •-"U l!-011 1 Jilli] tllltlllJ 1,11''!i 'io.,,. lu'.\''-' h 

ITI\-td.111.1 !'kHlril' u:u l'("(Jfl{);ft)' :n, bru1gdnJt1rynl, our lfonk-t UbWt' 'IJ>l!Jl 

o\-errun. arut me inaruure nmt:nUi"\ lrutud vr fr,.oftmng r.,n A.IIWfk a.. ttH• 

nlll!'dw )'J\I \Wf,t'I 10 talk .;l,1,11111 ... u pL111H, #f'"l-Tnunp Tl ► 1....:)1W wu1·1 

,1.-,,nd ru 1t ah\ 1t,11~tl 

9 

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28. 

29. 

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Boxes Containing Documents Were Transported from the White House to A-far-a-Lago 

30. According to a CBS Miami article titled ''Moving Tmcks Spotted At Mar-a-Lago," 

published Monday, January 18, 2021, at least two moving tmcks were observed at the PREMISES 

on January 18, 2021. 

31. 

32. 

11 

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33. 

34. 

12 

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38

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35. 

36. 

37. 

Provision of the Fifteen Boxes to NARA 

38. 

13 

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38

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39. On or about May 6, 2021, NARA made a request for the missing PRA records and 

continued to make requests until approximately late December 2021 when NARA was informed 

twelve boxes were found and ready for retrieval at the PREMISES. 

14 

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40. 

-

41. 

42. 

43. 

44. 

15 

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38

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16 

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38

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The FIFTEEN BOXES Provided to N4.RA Contain Classified Information 

4 7. From May 16-18, 2022, FBI agents conducted a prelimina1y review of the 

FIFTEEN BOXES provided to NARA and identified documents with classification markings in 

fourteen of the FIFTEEN BOXES. A prelin1ina1y triage of the documents with classification 

markings revealed the following approximate numbers: 184 unique docmnents bearing 

classification markings, including 67 documents marked as CONFIDENTIAL, 92 documents 

marked as SECRET, and 25 documents marked as TOP SECRET. Fm1her, the FBI agents 

observed markings reflecting the following compa11ments/dissemination controls: HCS, FISA, 

ORCON, NOFORN, and SI. Based on my training and experience, I know that documents 

classified at these levels typically contain NDI. Several of the documents also contained what 

appears to be FPOTUS 's handwritten notes. 

48. 

49. 

17 

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50. 

51. 

18 

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52. 

In the second such letter, which is attached as 

Exhibit I, FPOTUS COUNSEL 1 asked DOJ to consider a few "principles," which include 

FPOTUS COUNSEL l's claim that a President has absolute authority to declassify documents. In 

this letter, FPOTUS COUNSEL 1 requested, among other things, that "DOJ provide this letter to 

any judicial officer who is asked to rule on any motion pertaining to this investigation, or on any 

application made in com1ection with any investigative request concerning this investigation." 

53. I am aware of an at1icle published in Breitbart on May 5, 2022, available at 

https://www.breitbart.comvoliticsi2022i05/05/documents-mar-a-lago-marked-classified-wereah-eadv-declassifi.ed-kash-patel-savs/, which states that Kash Patel, who is desc1ibed as a former 

top FPOTUS administration official, characterized as ''misleading" repo11s in other news 

organizations that NARA had fol111d classified mate1ials among records that FPOTUS provided to 

NARA from Mar-a-Lago. Patel alleged that such repot1s were misleading because FPOTUS had 

declassified the materials at issue. 

54. 

19 

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55. 

56. 

20 

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38

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57. 

58. 

21 

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38

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59. 

60. 

61. On June 8, 2022, DOJ COUNSEL sent FPOTUS COUNSEL 1 a letter, which 

reiterated that the PREMISES are not autho1ized to store classified info1mation and requested the 

preservation of the STORAGE ROOM and boxes that had been moved from the White House to 

the PREMISES. Specifically, the letter stated in relevant part: 

As I previously indicated to you, Mar-a-Lago does not include a secure location 

authorized for the storage of classified inf01mation. As such, it appears that since the time 

classified documents were removed 

from the secure facilities at the White House and moved to Mar-a-Lago on or around 

Januaiy 20, 2021, they have not been handled in au approp1iate manner or stored in au 

appropriate location. Accordingly, we ask that the room at Mar-a-Lago where the 

documents had been stored be secured and that all of the boxes that were moved from the 

White House to Mar-a-Lago (along with any other items in that room) be preserved in that 

room in their cunent condition lmtil farther notice. 

2 18 U.S.C. § 793(e) does not use the tem1 "classified information.'' but rather criminalizes the wtlawful retention of 

"information relating to the national defense." The statute does not define "i.11fom1ation related to the national 

defense." but courts have construed it broadly. See Gorin, .. United States. 312 U.S. 19. 28 (1941) (holding that the 

phrase •'information relating to the national defense" as used in the Espionage Act is a "generic concept of broad 

connotations. refen-ing to the military and na\·al establishments and the related activities of national preparedness"). 

fo addition. the information must be "closely held" by the U.S. government. See United States, .. Squil/acote. 221 

F.3d 542, 579 (4th Cir. 2000) (''[I]nfonnation made public by the go\·emment as well as infonnation never protected 

by the govemment is not national defense infom1ation."); United States, .. Morison. 844 F.2d 1057, 1071-72 (4th Cir. 

1988). Certain courts have also held that the disclosure of the documents must be potentially damaging to the United 

States. SeeM01ison, 844 F.2d at 1071-72. 

22 

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On June 9, 2022, FPOTUS COUNSEL 1 sent an email to DOJ COUNSEL stating, ''I write to 

acknowledge receipt of this letter." 

62. 

63. 

64. 

23 

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65. 

-

66. 

24 

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67. 

-

68. 

69. 

25 

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Tllere is Probable Cause to Believe Tllat Documents Co11taini11g Classified ND/ and 

Preside111ial Records Remain at tile Premises 

70. 

71. 

26 

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72. 

73. 

27 

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74. 

75. 

76. 

28 

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77. Based upon this investigation, I believe that the STORAGE ROOM, FPOTUS's 

residential suite, Pine Hall, the "45 Office," and other spaces within the PREMISES are not 

cunently authorized locations for the storage of classified information or NDI. Similarly, based 

upon this investigation, I do not believe that any spaces within the PRE1,1ISES have been 

authorized for the storage of classified information at least since the end of FPOTUS 's 

Presidential Administration on January 20, 2021. 

78. As described above, evidence of the SUBJECT OFFENSES has been stored in 

multiple locations at the PREMISES. 

Accordingly, this affidavit seeks authorization to search the "45 Office" and all storage rooms and 

29 

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any other rooms or locations where boxes or records may be stored within the PREMISES, as 

further described in Attachment A. The PREMISES is currently closed to club members for the 

summer; however, as specified in Attachment A, if at the time of the search, there are areas of the 

PREMISES being occupied, rented, or used by third parties, and not otherwise used or available 

to be used by FPOTUS and his staff, the search would not include such areas. 

CONCLUSION 

79. Based on the foregoing facts and circumstances, I submit that probable cause exists 

to believe that evidence, contraband, fruits of crime, or other items illegally possessed in violation 

18 U.S.C. §§ 793(e), 2071, or 1519 will be found at the PREMISES. Further, I submit that this 

affidavit supports probable cause for a warrant to search the PREMISES described in Attachment 

A and seize the items described in Attachment B. 

REQUEST FOR SEALING 

80. It is respectfully requested that this Court issue an order sealing, until further order 

of the Court, all papers submitted in support of this application, including the application and 

search warrant. I believe that sealing this document is necessary because the items and 

information to be seized are relevant to an ongoing investigation and the FBI has not yet identified 

all potential criminal confederates nor located all evidence related to its investigation. Premature 

disclosure of the contents of this affidavit and related documents may have a significant and 

negative impact on the continuing investigation and may severely jeopardize its effectiveness by 

allowing criminal parties an opportunity to flee, destroy evidence (stored electronically and 

otherwise), change patterns of behavior, and notify criminal confederates. 

30 

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SEARCH PROCEDURES FOR HANDLING POTENTIAL ATTORNEY-CLIENT 

PRIVILEGED INFORMATION 

The following procedures will be followed at the time of the search in order to protect 

against disclosures of attorney-client privileged material: 

81. These procedures will be executed by: (a) law enforcement personnel conducting 

this investigation (the "Case Team"); and (b) law enforcement personnel not participating in the 

investigation of the matter, who will search the "45 Office" and be available to assist in the event 

that a procedure involving potentially attorney-client privileged information is required (the 

"Privilege Review Team"). 

82. The Case Team will be responsible for searching the TARGET PREMISES. 

However, the Privilege Review Team will search the "45 Office" and conduct a review of the seized 

materials from the "45 Office" to identify and segregate documents or data containing potentially 

attorney-client privileged information. 

83. If the Privilege Review Team determines the documents or data are not potentially 

attorney-client privileged, they will be provided to the law-enforcement personnel assigned to the 

investigation. If at any point the law-enforcement personnel assigned to the investigation 

subsequently identify any data or documents that they consider may be potentially attorney-client 

privileged, they will cease the review of such identified data or documents and refer the materials 

to the Privilege Review Team for further review by the Privilege Review Team. 

84. If the Privilege Review Team determines that documents are potentially attorneyclient privileged or merit further consideration in that regard, a Privilege Review Team attorney 

may do any of the following: (a) apply ex parte to the court for a determination whether or not the 

documents contain attorney-client privileged material; (b) defer seeking court intervention and 

31 

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continue to keep the documents inaccessible to law-enforcement personnel assigned to the 

investigation; or (c) disclose the documents to the potential p1ivilege holder, request the privilege 

holder to state whether the potential privilege holder asserts attorney-client privilege as to any 

documents, including requesting a particularized privilege log, and seek a mling from the comi 

regarding any attorney-client privilege claims as to which the P1ivilege Review Team and the 

privilege-holder cannot reach agreement. 

Subscribed and sworn before me by 

telephone (Wh~sApp) or other reliable electronic 

means this _5_ day o , . ISt, 2022: 

Respectfully submitted, 

Special Agent 

Federal Bm·eau of Investigation 

32 

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EXHIBIT 1 

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THOMPSON 

Silverman Thompson Slutkin White 

ATTORNEYS AT L4.W 

Via Electronic Mail 

Jay I. Bratt, Esquire 

Chief 

A Limited Liability Company 

400 East Pratt Street - Suite 900 

Baltimore, Maryland 2 1 2 0 2 

Telephone 410.385.2225 

Facsimile 410.547.2432 

silvermanthompson.com 

Baltin-1orr2 I Towson I .Vew York I JVashington, DC 

May 25, 2022 

Counterintelligence & Expmi Control Section 

National Security Division 

US. Department of Justice 

950 Pennsylvania, Avenue, N.W. 

Washington, D.C. 20530 

Re: Presidential Records Investigation 

Dear Jay: 

Writer's Direct Contact: 

Evan Corcoran 

410-385-2225 

ecorcoran(,v,silwnnanthompson.com 

I write on behalf of President Donald J. Trump regarding the above-referenced matter. 

Public trust in the government is low. At such times, adherence to the rules and long-standing 

policies is essential. President Donald J. Trump is a leader of the Republican Party. The 

Department of Justice (DOJ), as part of the Executive Branch, is under the control of a President 

from the opposite party. It is critical, given that dynamic, that every effort is made to ensure that 

actions by DOJ that may touch upon the former President, or his close associates, do not involve 

politics. 

There have been public reports about an investigation by DOJ into Presidential Records 

purportedly marked as classified among materials that were once in the White House and 

unknowingly included among the boxes brought to Mar-a-Lago by the movers. It is important to 

emphasize that when a request was made for the documents by the National Archives and Records 

Administration (NARA), President Trump readily and voluntarily agreed to their transfer to 

NARA. The communications regarding the transfer of boxes to NARA were friendly, open, and 

straightforward. President Trump voluntarily ordered that the boxes be provided to NARA. No 

legal objection was asserted about the transfer. No concerns were raised about the contents of the 

boxes. It was a voluntary and open process. 

Unfortunately, the good faith demonstrated by President Trump was not matched once the boxes 

arrived at NARA. Leaks followed. And, once DOJ got involved, the leaks continued. Leaks about 

any investigation are concerning. Leaks about an investigation that involve the residence of a 

former President who is still active on the national political scene are particularly troubling. 

Case 9:22-mj-08332-BER Document 102-1 Entered on FLSD Docket 08/26/2022 Page 34 of

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Jay I. Bratt 

May 25, 2022 

Page 2 of3 

It is important to note a few bedrock principles: 

(1) A President Has Absolute Authority To Declassify Documents. 

Under the U.S. Constitution, the President is vested with the highest level of authority when it 

comes to the classification and declassification of documents. See U.S. Const., Art. II, § 2 ("The 

President [is] Commander in Chief of the Army and Navy of the United States[.]"). His 

constitutionally-based authority regarding the classification and declassification of documents is 

unfettered. See Navy v. Egan, 484 U.S. 518, 527 (1988) ("[The President's] authority to classify 

and control access to information bearing on national security ... flows primarily from this 

constitutional investment of power in the President and exists quite apart from any explicit 

congressional grant."). 

(2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal 

Sanction. 

Any attempt to impose criminal liability on a President or former President that involves his actions 

with respect to documents marked classified would implicate grave constitutional separation-ofpowers issues. Beyond that, the primary criminal statute that governs the unauthorized removal 

and retention of classified documents or material does not apply to the President. That statute 

provides, in pertinent part, as follows: 

Whoever, being an officer, employee, contractor, or consultant of 

the United States, and, by virtue of his office, employment, position, 

or contract, becomes possessed of documents or materials 

containing classified information of the United States, knowingly 

removes such documents or materials without authority and with the 

intent to retain such documents or materials at an unauthorized 

location shall be fined under this title or imprisoned for not more 

than five years, or both. 

18 U.S.C. § 1924(a). An element of this offense, which the government must prove beyond a 

reasonable doubt, is that the accused is "an officer, employee, contractor, or consultant of the 

United States." The President is none of these. See Free Enter. Fund v. Pub. Co. Acct. Oversight 

Bd., 561 U.S. 477, 497-98 (2010) (citing U.S. Const., Art. II,§ 2, cl. 2) ("The people do not vote 

for the 'Officers of the United States."'); see also Melcher v. Fed. Open Mkt. Comm., 644 F. Supp. 

510, 518-19 (D.D.C. 1986), aff'd, 836 F.2d 561 (D.C. Cir. 1987) ("[a]n officer of the United States 

can only be appointed by the President, by and with the advice and consent of the Senate, or by a 

court of law, or the head of a department. A person who does not derive his position from one of 

these sources is not an officer of the United States in the sense of the Constitution."). Thus, the 

statute does not apply to acts by a President. 

2 

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Jay I. Bratt 

May 25, 2022 

Page 3 of3 

(3) DOJ Must Be Insulated From Political Influence. 

According to the Inspector General ofDOJ, one of the top challenges facing the Department is the 

public perception that DOJ is influenced by politics. The report found that "[ o ]ne important 

strategy that can build public trust in the Department is to ensure adherence to policies and 

procedures designed to protect DOJ from accusations of political influence or partial application 

of the law." See https://oig.justice.gov/reports/top-management-and-performance-challengesfacing-depatiment-justice-2021 (last visited May 25, 2022). We request that DOJ adhere to longstanding policies and procedures regarding communications between DOJ and the White House 

regarding pending investigative matters which are designed to prevent political influence in DOJ 

decision-making. 

(4) DOJ Must Be Candid With Judges And Present Exculpatory Evidence. 

Long-standing DOJ policy requires that DOJ attorneys be candid in representations made to 

judges. Pursuant to those policies, we request that DOJ provide this letter to any judicial officer 

who is asked to rule on any motion pertaining to this investigation, or on any application made in 

connection with any investigative request concerning this investigation. 

The official policy ofDOJ further requires that prosecutors present exculpatory evidence to a grand 

jury. Pursuant to that policy, we request that DOJ provide this letter to any grand jury considering 

evidence in connection with this matter, or any grand jury asked to issue a subpoena for testimony 

or documents in connection with this matter. 

Thank you for your attention to this request. 

With best regards, 

~4..-MM. Evan Corcoran 

cc: Matthew G. Olsen 

Assistant Attorney General 

National Security Division 

Via Electronic Mail 

3 

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ATTACHMENT A 

Property to be searched 

The premises to be searched, 1100 S Ocean Blvd, Palm Beach, FL 33480, is further 

described as a resort, club, and residence located near the intersection of Southern Blvd and S 

Ocean Blvd. It is described as a mansion with approximately 58 bedrooms, 33 bathrooms, on a 

17-acre estate. The locations to be searched include the "45 Office," all storage rooms, and all 

other rooms or areas within the premises used or available to be used by FPOTUS and his staff 

and in which boxes or documents could be stored, including all structures or buildings on the 

estate. It does not include areas currently (i.e., at the time of the search) being occupied, rented, 

or used by third parties (such as Mar-a-Largo Members) and not otherwise used or available to be 

used by FPOTUS and his staff, such as private guest suites. 

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ATTACHMENT B 

Property to be seized 

All physical documents and records constituting evidence, contraband, fruits of crime, or 

other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071, or 1519, including the 

following: 

a. Any physical documents with classification markings, along with any 

containers/boxes (including any other contents) in which such documents are located, as 

well as any other containers/boxes that are collectively stored or found together with the 

aforementioned documents and containers/boxes; 

b. Information, including communications in any form, regarding the 

retrieval, storage, or transmission of national defense information or classified material; 

c. Any government and/or Presidential Records created between January 

20, 2017, and January 20, 2021; or 

d. Any evidence of the knowing alteration, destruction, or concealment of 

any government and/or Presidential Records, or of any documents with classification 

markings. 

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UNITED ST ATES DISTRICT COUR 

SOUTHERN DISTRICT OF FLORID 

CASE NO. 22-MJ-8332-BER 

IN RE SEALED SEARCH WARRANT 

_____________ ! 

FILED BY 71/'/YJ/V D.C. 

/ 

AUG 2 5 2022 

ANGELA E. NOBLE 

CLERK U.S. 01ST. CT 

S.D. OF FLA. -W.P.B. 

UNDERSEAL 

UNITED STATES' SEALED, EX PARTEMEMORANDVM OF LAW REGARDING 

PROPOSED REDACTIONS 

Pursuant to this Court's August 18 and August 22, 2022 orders, the United States 

respectfully submits this sealed, ex parte memorandum of law setting forth the justifications 

for its proposed redactions to the affidavit submitted to the Court on August 5, 2022, in 

· support of the government's application for a search warrant at a property of former President 

Donald J. Trump. See Docket Entries ("D.E. ") 1, 74, 80. For the reasons explained below, 

the materials the government marked for redaction in the attached document must remain 

sealed 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 and to avoid disclosure of grand jury material in violation of the Federal Rules 

of Criminal Procedure. 

Procedural Background 

On August 8, 2022, the Department of Justice executed a search warrant, issued by 

this Court upon the requisite finding of probable cause, at the premises located at I 100 S. 

Ocean Blvd., Palm Beach, Florida 33480, a property of former President Trump. Given the 

circumstances presented in this matter and the public interest in transparency, and in the wake 

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The Court found that disclosure of the Affidavit would likely result in witnesses being 

"quickly and broadly identified over social media and other communication channels, which 

could lead to them being harassed and intimidated.'' Id. at 9. The Court gave "great 

weight" to "the significant likelihood that unsealing the Affidavit would harm legitimate 

privacy interests," with disclosures potentially serving to "impede the ongoing investigation 

. through obstruction of justice and witness intimidation or retaliation." Id. at 9-10. And the 

Court found that the Affidavit contains "critically important and detailed investigative facts: 

highly sensitive information about witnesses . . . ; specific investigative techniques; and 

information required to be kept under seal pursuant to Federal Rule of Criminal Procedure 

6(e)," the disclosure of which "would detrimentally affect this investigation and future 

investigations." Id. at I 0. However, noting that the warrant involves "matters of significant 

public concern," id., the Court concluded that "the present record'' does not "justif1y] keeping 

the entire Affidavit under seal," id. at 13 (emphasis added). 

Argument 

The Redacted Materials Must Remain Under Seal 

As the Court has found, "(p]rotecting the integrity and secrecy of an ongoing criminal 

investigation is a well-recognized compelling governmental interest." D .E. 80 at 6 ( citing, 

interalia, United States v. Valenti, 986 F.2d 708, 714 (11th Cir. 1993)). Indeed, "[a]t the pre-

. indictment stage, the Government's need to conceal the scope and direction of its 

investigation, as well as its investigative sources and methods, is at its zenith." D.E. 80 at 

7-8 ( citing Blalock v. United States, 844 F.2d 1546, 1550 n.5 (I I th Cir. I 988)). Counsel for the 

Intervenors have also acknowledged that certain portions of the affidavit must likely remain 

3 

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of the former President's public confirmation of the search and his representatives' public 

characterizations of the materials sought, the government moved to unseal the search 

wanant, its attachments, and the Property Receipt summarizing materials seized, and this 

Court granted the government's motion. D.E. 18, 41. 

A number of news media organizations and other entities (the "Intervenors") have 

filed motions to unseal these and other materials associated with the search warrant, including 

the affidavit. The government submitted its omnibus response to those motions on August 

· 15, 2022. D.E. 59. The Court conducted a hearing on August 18, 2022, at the conclusion 

of which the Court directed the government to file under seal its proposed redactions to the 

affidavit and a legal memorandum setting forth the justifications for the proposed redactions. 1 

D.E. 74. 

In a subsequent order, the Court noted that the government "has met its burden of 

showing good cause/a compelling interest that overrides any public interest in unsealing the 

full contents of the Affidavit." D.E. 80 at 12. In that order, the Court observed that the 

obstruction and threat concerns raised by the government were "not hypothetical in this 

case." Id. at 8. In particular, the Court cited its prior finding of probable cause that a statute 

prohibiting obstruction of justice has been violated, and further relied upon the post-search 

increase in specific threats of violence to identified FBI agents, overall violent threats to FBI 

personnel, and the armed attack on the FBI office in Cincinnati. Id. at 8-9. 

1 Based on the government's and the Intervenors' agreement that certain additional 

documents (namely, the government's motion to seal, the Court's sealing order, and two 

cover sheets) could be publicly released with minor redactions to protect government 

personnel, the Court also ordered those documents released. D.E. 74. 

2 

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under seal to protect information such as witness identities and investigative sources and 

methods. Hrg. Tr. at 35. 

The government has carefully reviewed the affidavit and has identified five categories 

of information that must remain under seal in order to protect the safety of multiple civilian 

witnesses whose information was included throughout the affidavit and contributed to the 

finding of probable cause, as well as the integrity of the ongoing investigation. In the 

attached chart, the government has identified each category that applies to information the 

government proposes to redact. Some information falls within more than one category. 

The categories, described further below, are (1) information from a broad range of civilian 

witnesses who may be subject to "witness intimidation or retaliation," D.E. 80 at 9; (2) 

information regarding investigative avenues and techniques that could provide a roadmap for 

· potential ways to obstruct the investigation, id. at 9-1 0; (3) information whose disclosure is 

prohibited under Rule 6(e) of the Federal Rules of Criminal Procedure ("Rule 6(e)"), such as 

grand jury subpoenas, testimony, and related material, id. at 10; (4) information whose 

disclosure could risk the safety of law enforcement personnel, id. at 9; and (5) information 

. whose disclosure could harm "legitimate privacy interests" of third parties, id. 

1. Witness Information 

First and foremost, the government must protect the identity of witnesses at this stage 

of the investigation to ensure their safety. As this Court noted, if information relating to 

witnesses were disclosed, "it is likely that even witnesses who are not expressly named in the 

Affidavit would be quickly and broadly identified over social media and other communication 

channels, which could lead to them being harassed and intimidated." D.E. 80 at 9. See also, 

4 

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e.g., Douglas Oil Co. of Cal. v. Petrol Stops Nw., 441 U.S. 211, 219 (1979) (describing the risk that 

"prospective witnesses would be hesitant to come forward voluntarily, knowing that those 

against whom they testify would be aware of that testimony"); United Stares v. Steinger, 626 F. 

Supp. 2d 123 l, 1235 (S.D. Fla. 2009) (similar). 

-

Information in 

the affidavit could be used to identify many, if not all, of these witnesses. For example, ■ 

• 

5 

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-

-

If witnesses' identities are exposed, they could be subjected to harms including 

retaliation, intimidation, or harassment, and even threats to their physical safety. As the 

· Court has already noted, "these concerns are not hypothetical in this case." D.E. 80 at 8. 

6 

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Meanwhile, FBI agents who have been publicly identified in 

connection with this investigation have received repeated threats of violence from members 

· of the public. Exposure of witnesses' identities would likely erode their trust in the 

government's investigation, and it would almost certainly chill other potential witnesses from 

coming forward in this investigation and others. 

2. Investigation "Road Map" 

As Judge Jordan explained in Steinger, if details about an ongoing investigation are 

prematurely disclosed, such disclosures "would compromise the investigation and might also 

. lead to the destruction of evidence." 626 F. Supp. 2d at 1235 (citing Douglas Oil Co., 441 

U.S. at 218-19); see also, e.g., Patel v. United States, No. 9:l 9-MC-81181, 2019 WL 4251269, at 

*5 (S.D. Fla. Sept. 9, 20 I 9) (agreeing with the government that disclosure of information 

"would severely prejudice" its investigation, including by "prematurely disclosing its scope 

and direction, subjects, and potential witnesses, and could result in the destruction of 

evidence"); D.E. 80 at 9-10 (disclosure of investigative "sources and methods" "would 

detrimentally affect this investigation and future investigations"). 

Although the public is now aware that the government executed a search warrant at 

the premises owned by the former President and seized documents marked as classified, the 

affidavit is replete with further details that would provide a roadmap for anyone intent on 

obstructing the investigation. "Maximizing the Government's access to untainted facts 

· increases its ability to make a fully-informed prosecutive decision." D .E. 80 at 8. 

For example, 

7 

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-

Revealing this information could thus adversely impact the government's pursuit ofrelevant 

evidence. 2 

In addition, revealing this information could severely disadvantage the government as 

it seeks further information from witnesses. For example, 

---

2 Additionally, the Court has noted that disclosure of certain information pertaining to 

physical aspects of the premises could negatively affect the Secret Service's ability to carry out 

its protective functions. D.E. 80 at 10. Although the Department of Justice is not in a 

position at this time to assess those potential harms, the information in the affidavit describing 

physical aspects of the premises fits within the category of information whose disclosure 

would provide a "road map" of investigative techniques and avenues, 

8 

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These concerns arc particularly compelling in this case. As explained in the affidavit, 

■--

-

In 

short, the government has well-founded concerns that steps may be taken to frustrate or 

otherwise interfere with this investigation if facts in the affidavit were prematurely disclosed. 

9 

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3. Rule 6(e) 

The affidavit contains certain information that must be kept under seal pursuant to 

Federal Rule of Criminal Procedure 6(e) because it may disclose "a matter occurring before 

the grand jury." Although "Rule 6(e) does not draw a veil of secrecy over all matters 

occurring in the world that happen to be investigated by a grand jury," it bars disclosure of 

information that "would reveal something about the grand jury's identity, investigation, or 

deliberation." Labow v. U.S. Dep't of Justice, 831 F.3d 523, 529 (D.C. Cir. 2016) (internal 

· quotations omitted). 3 

... 

-■ 

·-

4. Safety of Law Enforcement Personnel 

Minor but important redactions are necessary to protect the safety oflaw enforcement 

10 

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• personnel. See D.E. 80 at 3 (redactions in other materials "are appropriate to protect the 

identity and personal safety of' an investigative agent). Specifically, information in the 

. affidavit that would identify the affiant, such as by name or through biographical information, 

see Aff. i1 4, should remain under seal. 

5. Privacy Interests 

·-

As the Supreme Court has long recognized, premature disclosure of investigative 

information creates a risk that "persons who are accused but exonerated" may be "held up to 

public ridicule." Douglas Oil Co., 441 U.S. at 219; see also, e.g., Steinger, 626 F. Supp. 2d at 

1235 (disclosure of names of subjects and of matters being investigated "could have 

devastating consequences for those persons who have been cleared of any misconduct, as well 

as for those still under investigation"). 4 The government recognizes that the former 

President has spoken publicly about this investigation and has said in a public statement that 

· he wishes for the affidavit to be disclosed in its entirety, although the Court has noted that 

"[nleither Former President Trump nor anyone else purporting to be the owner of the 

Premises has filed a pleading taking a position on the Intervenors' Motion to Unseal. "5 D.E. 

" Protecting the identities of uncharged individuals is also consistent with government 

. counsel's professional responsibilities. See Justice Manual § 9-27.760 ("Limitation on 

Identifying Uncharged Third-Parties Publicly"). 

5 See Perry Stein & Josh Dawsey, "Trump Wants Mar-a-Lago Affidavit Released, As Some 

Aides Ponder Risk," Washiniton Post (Aug. 17, 2022), available at 

https://ww\'' ·} · · . · I 1 - ·--. 

affidavit/. 

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I 

80 at 1-2. Nevertheless, the affidavit contains additional information about others that could 

harm these individuals' privacy and reputational interests if disclosed. 

For example, 

-·· 

-

Conclusion 

For the reasons stated herein, the Court should maintain under seal the text the 

government has marked for redaction. The government defers to the Court to determine 

whether the redactions are "so extensive that" release of the remainder of the affidavit would 

··result in a meaningless disclosure." D.E. 80 at 12. Should the Court order disclosure of a 

redacted version of the affidavit, and if the Court agrees with the government's proposed 

redactions, the government will submit a final version of the redacted affidavit for public 

release. 

In the interest of transparency, as well as the principle that limitations on public access 

12 

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to judicial proceedings should be "narrowly tailored," Globe Newspaper Co. v. Superior Court, 

457 U.S. 596, 607 (1982), the government respectfully submits that certain portions of this 

filing may be unsealed, including the introductory segment up through the first two 

paragraphs in the Argument section on page 4, as well as certain text in the sections that 

follow describing relevant provisions of law. The government will submit a version of this 

filing that identifies the portions that can be publicly filed, along with its proposed redactions, 

forthwith. And with the Court's permission, the government will confer with counsel for the 

former President as to whether counsel or the former President has any objection to unsealing 

the letter from counsel included as Exhibit 1 to the affidavit. Absent any such objection, the 

. government supports unsealing the letter. 

13 

Respectfully submitted, 

Is Juan Antonio Gonzalez 

JUAN ANTONIO GONZALEZ 

UNITED ST A TES ATTORNEY 

Florida Bar No. 897388 

99 NE 4th Street, 8th Floor 

Miami, FL 33132 

Tel: 305-961-9001 

Email: juan.antonio.gonzalez@usdoj.gov 

Is Jay!. Bratt 

JAY!. BRATT 

CHIEF 

Counterintelligence and Export Control 

Section 

National Security Division 

950 Pennsylvania Avenue, NW 

Washington, D.C. 20530 

Illinois Bar No. 6187361 

Tel: 202-233-0986 

Email: jay.bratt2@usdoj.gov 

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Exhibit B 

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Aff. Para a h 

Prefatory 

Ian 

3 

4 

Heading above 

26 

26 

27 

28 

29 

30 

43 

44 

45 

46 

48 

Heading above 

49 

,r 49 

,r 50 

Heading above 

51 

51 

ATTACHMENT 

Reason s for withholdin 

Agent safety 

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52 

53 

54 

55 

56 

58 

59 

60 

61 

Heading above 

62 

63 

64 

65 

66 

67 

~ 69 

Agent 

si ature 

Agent safety 

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Attachment 3 

Redacted Public Underlying Application Materials 

(MJ Dkt 125) 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 69 of 113
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

IN THE MATTER OF THE SEARCH OF: 

LOCATIONS WITHIN THE PREMISES 

TO BE SEARCHED IN ATTACHMENT A 

) 

) 

) 

) 

Case No. 

Filed U oder Seal 

AFFIDAVIT IN SUPPORT OF AN 

APPLICATION UNDER RULE 41 FOR A 

WARRANT TO SEARCH AND SEIZE 

FILED B 

SEP O 9 2022 

ANGELA E. NOBLE 

CLERK U.S. DIST. CT. 

S.D. OF FLA. - W.P.8. 

I, , being first duly sworn, hereby depose and state as follows: 

INTRODUCTION AND AGENT BACKGROUND 

1. 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. The investigation began as a result of a refen-al 

the United States National Archives and Records Administration (NARA) sent to the United 

States Department of Justice (DOJ) on February 9, 2022, hereinafter, "NARA Referral." The 

NARA Referral stated that on January 18, 2022, in accordance with the Presidential Records Act 

(PRA), NARA received from the office of former President DONALD J. TRUMP, hereinafter 

"FPOTUS," via representatives, fifteen ( 15) boxes of records, hereinafter, the "FIFTEEN 

BOXES." The FIFTEEN BOXES, which had been transported from the FPOTUS property at 

1100 S Ocean Blvd, Palm Beach, FL 33480, hereinafter, the "PREMISES," a residence and club 

known as "Mar-a-Lago," further described in Attachment A, were reported by NARA to contain, 

among other things, highly classified documents intermingled with other records. 

2. After an initial review of the NARA Referral, the Federal Bureau oflnvestigation 

(FBI) opened a criminal investigation to, among other things, determine how the documents with 

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classification markings and records were removed from the White House ( or any other authorized 

location(s) for the storage of classified materials) and came to be stored at the PREMISES; 

determine whether the storage location(s) at the PREMISES were authorized locations for the 

storage of classified information; dete1mine whether any additional classified docwnents or 

records may have been stored in an unauthorized location at the PREMISES or another unknown 

location, and whether they remain at any such location; and identify any person(s) who may have 

removed or retained classified information without authorization and/or in an unauthorized space. 

3. The FBI's investigation has established that documents bearing classification 

markings, which appear to contain National Defense Information (NDI), were among the 

materials contained in the FIFTEEN BOXES and were stored at the PREMISES in an 

unauthorized location. Since the FIFTEEN BOXES were provided to NARA, additional 

documents bearing classification markings, which appear to contain NDI and were stored at the 

PREMISES in an unauthorized location, have been produced to the government in response to a 

grand jury subpoena directed to FPOTUS' s post-presidential office and seeking documents 

containing classification markings stored at the PREMISES and otherwise under FPOTUS's 

control. Further, there is probable cause to believe that additional documents that contain 

classified NDI or that are Presidential records subject to record retention requirements currently 

remain at the PREMISES. There is also probable cause to believe that evidence of obstruction 

will be found at the PREMISES. 

4. I am a Special Agent with the FBI assigned to the Washington Field Office 

. During this time, I have received training 

at the FBI Academy located at Quantico, Virginia, specific to counterintelligence and espionage 

investigations. 

2 

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Based on my experience and training, I am familiar with efforts used to unlawfully collect, retain, 

and disseminate sensitive government information, including classified NDI. 

5. I make this affidavit in support of an application under Rule 41 of the Federal 

Rules of Criminal Procedure for a warrant to search the premises known as 1100 S Ocean Blvd, 

Palm Beach, FL 33480, the "PREMISES," as further described i_n Attachment A, for the things 

described in Attachment B. 

6. Based upon the following facts, there is probable cause to believe that the locations 

to be searched at the PREMISES contain evidence, contraband, fruits of crime, or other items 

illegally possessed in violation of 18 U.S. C. § § 793 ( e ), 1519, or 2071. 

SOURCE OF EVIDENCE 

7. The facts set forth in this affidavit are based on my personal knowledge, 

knowledge obtained during my participation in this investigation, and information obtained from 

other FBI and U.S. Government personnel. Because this affidavit is submitted for the limited 

purpose of establishing probable cause in support of the application for a search warrant, it does 

not set forth each and every fact that I, or others, have learned during the course of this 

investigation. 

STATUTORY AUTHORITY AND DEFINITIONS 

8. Under 18 U.S.C. § 793(e), " [w]hoever having unauthorized possession of, access 

to, or control over any docwnent .. . or information relating to the national defense which 

information the possessor has reason to believe could be used to the injury of the United States or 

to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be 

communicated, delivered, or transmitted" or attempts to do or causes the same "to any person not 

entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee 

3 

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of the United States entitled to receive it" shall be fined or imprisoned not more than ten years, or 

both. 

9. Under Executive Order 13526, information in any fonn may be classified if it: (1) 

is owned by, produced by or for, or is under the control of the United States Government; (2) falls 

within one or more of the categories set forth in the Executive Order [Top Secret, Secret, and 

Confidential]; and (3) is classified by an original classification authority who determines that its 

unauthorized disclosure reasonably could be expected to result in damage to the national security. 

10. Where such unauthorized disclosure could reasonably result in damage to the 

national security, the information may be classified as "Confidential" and must be properly 

safeguarded. Where such unauthorized disclosure could reasonably result in serious damage to 

the national security, the information may be classified as "Secret" and must be properly 

safeguarded. Where such unauthorized disclosure could reasonably result in exceptionally grave 

damage to the national security, the information may be classified as "Top Secret" and must be 

properly safeguarded. 

11. Sensitive Compartmented Information (SCI) means classified information 

concerning or derived from intelligence sources, methods, or analytical processes, which is 

required to be handled within formal access control systems. 

12. Special Intelligence, or "SI," is an SCI control system designed to protect technical 

and intelligence information derived from the monitoring of foreign communications signals by 

other than the intended recipients. The SI control system protects SI-derived information and 

information relating to SI activities, capabilities, techniques, processes, and procedures. 

13. HUMINT Control System, or "HCS," is an SCI control system designed to protect 

intelligence information derived from clandestine human sources, commonly referred to as 

4 

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"human intelligence." The HCS control system protects human intelligence-derived information 

and information relating to human intelligence activities, capabilities, techniques, processes, and 

procedures. 

14. Foreign Intelligence Surveillance Act, or "FISA," is a dissemination control 

designed to protect intelligence information derived from the collection of information authorized 

under the Foreign Intelligence Surveillance Act by the Foreign Intelligence Surveillance Court, or 

"FISC." 

15. Classified information may be marked as "Not Releasable to Foreign 

Nationals/Governments/US Citizens," abbreviated "NOFORN," to indicate information that may 

not be released in any form to foreign governments, foreign nationals, foreign organizations, or 

non-U.S. citizens without permission of the originator. 

16. Classified information may be marked as "Originator Controlled," abbreviated 

"ORCO ." This marking indicates that dissemination beyond pre-approved U.S. entities requires 

originator approval. 

17. Classified information of any designation may be shared only with persons 

determined by an appropriate United States Government official to be eligible for access, and who 

possess a "need to know." Among other requirements, in order for a person to obtain a security 

clearance allowing that person access to classified United States Government information, that 

person is required to and must agree to properly protect classified information by not disclosing 

such information to persons not entitled to receive it, by not unlawfully removing classified 

information from authorized storage facilities, and by not storing classified infonnation in 

unauthorized locations. If a person is not eligible to receive classified information, classified 

information may not be disclosed to that person. In order for a foreign government to receive 

5 

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access to classified information, the originating United States agency must determine that such 

release is appropriate. 

18. Pursuant to Executive Order 13526, classified information contained on automated 

information systems, including networks and telecommunications systems, that collect, create, 

communicate, compute, disseminate, process, or store classified information must be maintained 

in a manner that: (1) prevents access by unauthorized persons; and (2) ensures the integrity of the 

information. 

19. 32 C.F.R. Parts 2001 and 2003 regulate the handling of classified information. 

Specifically, 32 C.F.R. § 2001.43, titled "Storage," regulates the physical protection of classified 

information. This section prescribes that Secret and Top Secret information "shall be stored in a 

[General Services Administration]-approved security container, a vault built to Federal Standard 

(FHD STD) 832, or an open storage area constructed in accordance with§ 2001.53." It also 

requires periodic inspection of the container and the use of an Intrusion Detection System, among 

other things. 

20. Under 18 U.S.C. § 1519: 

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or 

makes a false entry in any record, document, or tangible object with the intent to 

impede, obstruct, or influence the investigation or proper administration of any 

matter within the jurisdiction of any department or agency of the United States or 

any case filed under title 11 , or in relation to or contemplation of any such matter 

or case, shall be fined under this title, imprisoned not more than 20 years, or both. 

21. Under 18 U.S.C. § 2071: 

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or 

destroys, or attempts to do so, or, with intent to do so takes and can-ies away any 

record, proceeding, map, book, paper, document, or other thing, filed or deposited 

with any clerk or officer of any court of the United States, or in any public office, 

or with any judicial or public officer of the United States, shall be fined under this 

title or imprisoned not more than three years, or both. 

6 

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(b) Whoever, having the custody of any such record, proceeding, map, book, 

document, paper, or other thing, willfully and unlawfully conceals, removes, 

mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title 

or imprisoned not more than three years, or both; and shall forfeit his office and be 

disqualified from holding any office under the United States. As used in this 

subsection, the term "office" does not include the office held by any person as a 

retired officer of the Armed Forces of the United States. 

22. Under the PRA, 44 U.S.C. § 2201: 

(2) The term "Presidential records" means documentary materials, or any 

reasonably segregable portion thereof, created or received by the President, the 

President's immediate staff, or a unit or individual of the Executive Office of the 

President whose function is to advise or assist the President, in the course of 

conducting activities which relate to or have an effect upon the carrying out of the 

constitutional, statutory, or other official or ceremonial duties of the President. 

Such term-

(A) includes any documentary materials relating to the political activities of 

the President or members of the President's staff, but only if such 

activities relate to or have a direct effect upon the carrying out of 

constitutional, statutory, or other official or ceremonial duties of the 

President; but 

(B) does not include any documentary materials that are (i) official records 

of an agency (as defined in section 552(e) of title 5, United States 

Code; (ii) personal records; (iii) stocks of publications and stationery; 

or (iv) extra copies of documents produced only for convenience of 

reference, when such copies are clearly so identified. 

23. Under 44 U.S.C. § 3301(a), government "records" are defined as: 

all recorded infonnation, regardless of form or characteristics, made or received by 

a Federal agency under Federal law or in connection with the transaction of public 

business and preserved or appropriate for preservation by that agency or its 

legitimate successor as evidence of the organization, functions, policies, decisions, 

procedures, operations, or other activities of the United States Government or 

because of the informational value of data in them. 

PROBABLE CAUSE 

NARA Referral 

24. On February 9, 2022, the Special Agent in Charge ofNARA's Office of the 

7 

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Inspector General sent the NARA Referral via email to DOJ. The NARA Referral stated that 

according to NARA's White House Liaison Division Director, a preliminary review of the 

FIFTEEN BOXES indicated that they contained "newspapers, magazines, printed news articles, 

photos, miscellaneous print-outs, notes, presidential correspondence, personal and postpresidential records, and 'a lot of classified records.' Of most significant concern was that highly 

classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] 

identified." 

25. On February 18, 2022, the Archivist of the United States, chief administrator for 

NARA, stated in a letter to Congress's Committee on Oversight and Reform Chairwoman The 

Honorable Carolyn B. Maloney, "NARA had ongoing communications with the representatives of 

former President Trump throughout 2021 , which resulted in the transfer of 15 boxes to NARA in 

January 2022 . . .. NARA has identified items marked as classified national security information 

within the boxes." The letter also stated that, " [b ]ecause NARA identified classified information 

in the boxes, NARA staff has been in communication with the Department of Justice." The letter 

was made publicly available at the following uniform resource locator (URL): 

https://www.archives.gov/files/foi a/ferri ero-response-to-02.09.2022-maloneyletter.02 . l 8.2022.pdf. On February 18, 2022, the same day, the Save America Political Action 

Committee (PAC) posted the following statement on behalf ofFPOTUS: "The National Archives 

did not 'find' anything, they were given, upon request, Presidential Records in an ordinary and 

routine process to ensure the preservation of my legacy and in accordance with the Presidential 

Records Act .... " An image of this statement is below. 

8 

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26. 

27. 

***** 

SAVE 

AMERICA PRISIDENT OOMALD J TAU"1P 

Statement by Donald J. Trump, 45th President of the 

United States of America 

The Natirmal Arc hh-n did not -nnd- iU\)'1 hmg. I hey "'''t ie M,:l\'f'll, upon r'ttJllt'SI, 

Preside111lal Records ln an ordinaryanc l 1out u1lf proc.u 10 ens ure !he 

prcse1·vatluu of my le.gaq.• and 111 ac:cunlanr1• .... 1,h 1hc 1'1tsldcntlal l<L-cords 

,\.l;1. lf lh~ V.'l\J::11\}"lf\t' hilt "Ttlltllfl,- 11\Ht \\'1,Hlld ht• no iuory hl'l't'. lns1ea(l, th(' 

Oenmc:rnt.s a re l1tY!<1rchor1hdr rltXI Scam. The R11s.5t;1. Run\a, Ruuia Hoa-X 

lllrnit:d OUI tu be a Denio<r.tl 111,ph ed r.tkl' ilury IU help Crooked I HIia ry 

Clin1on .. lmpcac:h1oe11t Hoax -=t. lmpcachme nt Hoa.s- '2. and M> muc:h more, 

has all btt1\ a Ho.ix. T1W! fnkt ~·ews b makmg 11 Stt.m Uke mt. as the President 

o rthe Ul\ited Stain was worktn3 in a Uliug roonL No. I was busy destroymg 

ISIS. bullding 1M; grea1tt1 economy t\mf'11cn had f'Ve r sN!n. brekering Ve.a u 

deals. makinJ sun• Russi.a d1dn'1 an:u:k Ukraine, maki.113 1u1~ Chll\il di1l11'11.ake 

o~, Taiwan. making surt· thrrr. was no mOatlon. crf'atlng an rncrgy 

ltldepe11den1 country. ~bolldiug our military 4'1\d law tnf0rrenw:n1. s.11:lng our 

Second Amendn~nt. prot«1iug our Border, antl culling 1axn. Kuw, Rl1$$1a is 

lnv..ding lik1<1lne. ou1 l!'COOOl\l)' ls brlngd("!;fro~ 1l. our Border ls r,ocr again 

O\"f'rrun 1111111hr rnanrtare romtnuf'~. Jnsr..ad of fO('usmg on Anv-rka. the 

mahajmt ,,·anrstu i:dk aliou1 llum pl.an 1u · get~Tru mv- The J'leUJJI~ w,m·t 

si:iml ror II any longe,-1 

9 

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28. 

29. 

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Boxes Containing Documents Were Transported from the White House to Mar-a-Lago 

30. According to a CBS Miami article titled "Moving Trucks Spotted At Mar-a-Lago," 

published Monday, January 18, 2021, at least two moving trucks were observed at the PREMISES 

on January 18, 2021. 

31. 

32. 

11 

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12 

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35. 

36. 

37. 

Provision of the Fifteen Boxes to NARA 

38. 

13 

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39. On or about May 6 2021 NARA made a request for the missing PRA records and 

continued to make requests until approximately late December 2021 when NARA was infonned 

twelve boxes were found and ready for retrieval at the PREMISES. 

14 

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40. 

-

41. 

42. 

43. 

44. 

15 

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45. 

46. 

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The FIFTEEN BOXES Provided to NARA Co11tai11 Classified Information 

47. From May 16-18 2022, FBI agents conducted a preliminary review of the 

FIFTEEN BOXES provided to NARA and identified documents with classification markings in 

fomieen of the FIFTEEN BOXES. A prelimirnuy triage of the documents with classification 

markings revealed the following approximate ntllllbers: 184 unique documents bearing 

classification markings, including 67 documents marked as CONFIDENTIAL 92 documents 

marked as SECRET and 25 documents marked as TOP SECRET. Fmther the FBI agents 

observed mai·kings reflecting the following compaiiments/dissemination controls: HCS, FISA 

ORCON, NOFORN, and SI. Based on my training and experience I know that documents 

classified at these levels typically contain NDI. Several of the doctllllents also contained what 

appears to be FPOTUS's handwritten notes. 

48. 

49. 

17 

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50. 

Grand Jury Subpoena, Related Correspo11de11ce, and Production of Additional Classtfied 

Doc11111e11ts 

51. DOJ has advised me that, on May 11 , 2022 an attorney representing FPOTUS, 

"FPOTUS COUNSEL l ," agreed to accept se1vice of a grand jmy subpoena from a grand jmy 

sitting in the District of Columbia sent to him via email by one of the prosecutors handling this 

matter for DOJ 'DOJ COUNSEL." The subpoena was directed to the custodian of records for 

the Office of Donald J. Trump and it requested the following materials: 

Any and all documents or writings in the custody or control of Donald J. Tmmp 

and/or the Office of Donald J. Tmmp bearing classification markings including 

but not limited to the following: Top Secret Secret Confidential Top Secret/SIG/NOFORN/ORCON Top Secret/SI-G/NOFORN Top Secret/HCSO/NOFORN/ORCON Top Secret/HCS-O/NOFORN Top Secret/HCSP/NOFORN/ORCON, Top Secret/HCS-P/NOFORN Top 

Secret/TK/NOFORN/ORCON Top Secret/TK/NOFORN, Secret/NOFORN, 

Confidential/NOFORN TS TS/SAP TS/SI-G/NF/OC TS/SI-G/NF TS/HCSO/NF/OC TS/HCS-O/NF TS/HCS-P/NF/OC TS/HCS-P/NF, TS/HCS-P/SI-G 

TS/HCS-P/SI/TK TS/TKINF/OC, TS/TK/NF S/NF, S/FRD S/NATO S/SI, C, 

and C/NF. 

18 

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The return date of the subpoena was May 24, 2022. DOJ COUNSEL also sent FPOTUS 

COUNSEL 1 a letter that permitted alternative compliance with the subpoena by "providing any 

responsive documents to the FBI at the place of their location" and by providing from the 

custodian a "sworn certification that the documents represent all responsive records. " The letter 

further stated that if no responsive documents existed, the custodian should provide a sworn 

certification to that effect. 

52. On May 25, 2022, while negotiating for an extension of the subpoena, FPOTUS 

COUNSEL 1 sent two letters to DOJ COUNSEL. In the second such letter, which is attached as 

Exhibit 1, FPOTUS COUNSEL 1 asked DOJ to consider a few "principles," which include 

FPOTUS COUNSEL 1 's claim that a President has absolute authority to declassify documents. In 

this letter, FPOTUS COUNSEL 1 requested, an1ong other things, that "DOJ provide this letter to 

any judicial officer who is asked to rule on any motion pe11aining to this investigation, or on any 

application made in connection with any investigative request concerning this investigation." 

53. I am aware of an article published in Breitbart on May 5, 2022, available at 

https://www. breitbart.com/politics/2022/05/05/documents-mar-a-lago-marked-classified-werealready-declassified-kash-patel-says/, which states that Kash Patel, who is described as a former 

top FPOTUS administration official, characterized as "misleading" reports in other news 

organizations that NARA had found classified materials among records that FPOTUS provided to 

NARA from Mar-a-Lago. Patel alleged that such reports were misleading because FPOTUS had 

declassified the materials at issue. 

54. 

19 

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55. After an extension was granted for compliance with the subpoena, on the evening 

of June 2, 2022, FPOTUS COUNSEL 1 contacted DOJ COUNSEL and requested that FBI agents 

meet him the following day to pick up responsive documents. On June 3, 2022, three FBI agents 

and DOJ COUNSEL arrived at the PREMISES to accept receipt of the materials. In addition to 

FPOTUS COUNSEL 1, another individual, hereinafter "INDIVIDUAL 2," was also present as the 

custodian of records for FPOTUS 's post-presidential office. The production included a single 

Redweld envelope, wrapped in tape, containing documents. FPOTUS COUNSEL 1 relayed that 

the documents in the Red weld envelope were found during a review of the boxes located in the 

STORAGE ROOM. INDIVIDUAL 2 provided a Certification Letter, signed by INDIVIDUAL 2, 

which stated the following: 

Based upon the information that has been provided to me, I am authorized to ce1iify, on 

behalf of the Office of Donald J. Trump, the following: a. A diligent search was 

conducted of the boxes that were moved from the White House to Florida; b. This search 

was conducted after receipt of the subpoena, in order to locate any and all documents that 

are responsive to the subpoena; c. Any and all responsive docun1ents accompany this 

ce1iification; and d. No copy, written notation, or reproduction of any kind was retained as 

to any responsive document. 

56. During receipt of the production, FPOTUS COUNSEL 1 stated he was advised all 

20 

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the records that came from the White House were stored in one location within Mar-a-Lago, the 

STORAGE ROOM, and the boxes of records in the STORAGE ROOM were "the remaining 

repository" of records from the White House. FPOTUS COUNSEL 1 fwiher stated he was not 

advised there were any records in any private office space or other location in Mar-a-Lago. The 

agents and DOJ COUNSEL were pem1itted to see the STORAGE ROOM and observed that 

approximately fifty to fifty-five boxes remained in the STORAGE ROOM. 

Other items were also 

present in the STORAGE ROOM, including a coat rack with suit jackets, as well as interior decor 

items such as wall art and frames. 

57. 

58. A preliminary review of the documents contained in the Redweld envelope 

produced pursuant to the grand jury subpoena revealed the following approximate numbers: 38 

unique documents bearing classification markings, including 5 documents marked as 

CONFIDENTIAL, 16 documents marked as SECRET, and 17 documents marked as TOP 

SECRET. Further, the FBI agents observed markings reflecting the following 

caveats/compartments, among others: HCS, SI, and FISA. 

Multiple documents also 

21 

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contained what appears to be FPOTUS's handwritten notes. 

59. Notably, although the FIFTEEN BOXES provided to NARA contained 

approximately 184 unique documents with classification markings, only approximately 38 unique 

documents with classification markings were produced from the remaining FPOTUS BOXES. 

60. When producing the documents, neither FPOTUS COUNSEL 1 nor INDIVIDUAL 

2 asserted that FPOTUS had declassified the documents.2 The docun1ents being in a Redweld 

envelope wrapped in tape appears to be consistent with an effort to handle the documents as if 

they were still classified. 

61. On June 8, 2022, DOI COUNSEL sent FPOTUS COUNSEL 1 a letter, which 

reiterated that the PREMISES are not authorized to store classified information and requested the 

preservation of the STORAGE ROOM and boxes that had been moved from the White House to 

the PREMISES. Specifically, the letter stated in relevant part: 

As I previously indicated to you, Mar-a-Lago does not include a secure location 

authorized for the storage of classified information. As such, it appears that since the time 

classified documents (the ones recently provided and any and all others) were removed 

from the secure facilities at the White House and moved to Mar-a-Lago on or around 

January 20, 202 1, they have not been handled in an appropriate manner or stored in an 

approptiate location. Accordingly, we ask that the room at Mar-a-Lago where the 

documents had been stored be secured and that all of the boxes that were moved from the 

White House to Mar-a-Lago (along with any other items in that room) be preserved in that 

room in their current condition until further notice. 

2 18 U.S.C. § 793(e) does not use the term " classified information," but rather criminali zes the unlawful retention of 

"information relating to the national defense." The statute does not define " information re lated to the national 

defense," but courts have construed it broadly. See Gorin v. United States, 312 U.S. 19, 28 ( 1941) (ho lding that the 

phrase " infonnation relating to the national defense" as used in the Espionage Act is a "generic concept of broad 

connotations, referring to the mi I itary and naval establishments and the re lated activities ofnational preparedness"). 

In addition, the information must be "closely held" by the U.S. government. See United States v. Squillacote, 221 

F.3d 542, 579 (4th Cir. 2000) (" [l]nfonnation made public by the government as well as information never protected 

by the government is not national defense information."); United States v. Morison, 844 F.2d 1057, 1071-72 (4th Cir. 

1988). Certain courts have also held that the disclosure of the documents must be potentially damaging to the United 

States. See Morison, 844 F.2d at 1071-72. 

22 

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On June 9 2022, FPOTUS COUNSEL 1 sent an email to DOJ COUNSEL stating, "I write to 

acknowledge receipt of this letter." 

62. DOJ COUNSEL has advised me that on or about June 22 2022 counsel for the 

Trump Organization a group of business entities associated with FPOTUS confumed that the 

Trump Organization maintains security cameras in the vicinity of the STORAGE ROOM and that 

on June 24 2022 counsel for the Trump Organization agreed to accept service of a grand jmy 

subpoena for footage from those cameras. 

63. The subpoena was served on counsel on June 24 2022 directed to the Custodian 

of Records for the Trump Organization, and sought: 

Any and all sm-veillance records videos images, photo ·a hs, and/or CCTV from 

internal cameras located on ground floor (basement) 

- on the Mar-a-Lago prope1iy located at 1100 S Ocean Blvd. Palm Beach, FL 33480 

from the time period of January 10, 2022 to present. 

64. On July 6, 2022, in response to this subpoena, representatives of the Trnmp 

Organization provided a hard drive to FBI agents. 

23 

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65. 

-

66. 

24 

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67. 

-

68. 

69. 

25 

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There is Probable Cause to Believe That Doc11111e11ts Co111ai11i11g Classified NDI and 

Presidential Records Remain at the Premises 

70. As explained above the FPOTUS BOXES contained numerous documents with 

classification markings, both in the FIFTEEN BOXES and in the remaining FPOTUS BOXES. 

As also explained above, the classified documents provided to the government in a Redweld 

envelope pursuant to the subpoena were represented to have been stored in boxes located in the 

STORAGE ROOM 

71. 

26 

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72. 

73. 

27 

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74. 

75. 

76. 

28 

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77. Based upon this investigation, I believe that the STORAGE ROOM, FPOTUS 's 

residential suite, Pine Hall the "45 Office " and other spaces within the PREMISES am not 

currently authorized locations for the storage of classified infonnation or NDI. Similarly based 

upon this investigation I do not believe that any spaces within the PREMISES have been 

authorized for the storage of classified information at least since the end of FPOTUS 's 

Presidential Administration on January 20 2021 . 

78. As described above evidence of the SUBJECT OFFENSES has been stored in 

multiple locations at the PREMISES. 

Accordingly, this affidavit seeks authorization to search the "45 Office" and all storage rooms and 

29 

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any other rooms or locations where boxes or records may be stored within the PREMISES, as 

further described in Attachment A. The PREMISES is currently closed to club members for the 

summer; however, as specified in Attachment A, if at the time of the search, there are areas of the 

PREMISES being occupied, rented, or used by third parties, and not otherwise used or available 

to be used by FPOTUS and his staff, the search would not include such areas. 

CONCLUSION 

79. Based on the foregoing facts and circumstances, I submit that probable cause exists 

to believe that evidence, contraband, fruits of crime, or other items illegally possessed in violation 

18 U.S.C. §§ 793(e), 2071, or 1519 will be fow1d at the PREMISES. Further, I submit that this 

affidavit supports probable cause for a warrant to search the PREMISES described in Attachment 

A and seize the items described in Attachment B. 

REQUEST FOR SEALING 

80. It is respectfully requested that this Court issue an order sealing, until further order 

of the Court, all papers submitted in support of this application, including the application and 

search warrant. I believe that sealing this document is necessary because the items and 

information to be seized are relevant to an ongoing investigation and the FBI has not yet identified 

all potential criminal confederates nor located all evidence related to its investigation. Premature 

disclosure of the contents of this affidavit and related documents may have a significant and 

negative impact on the continuing investigation and may severely jeopardize its effectiveness by 

allowing criminal parties an opportunity to flee, destroy evidence (stored electronically and 

otherwise), change patterns of behavior, and notify criminal confederates. 

30 

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SEARCH PROCEDURES FOR HANDLING POTENTIAL ATTORNEY-CLIENT 

PRIVILEGED INFORMATION 

The following procedures will be followed at the time of the search in order to protect 

against disclosures of attorney-client privileged material: 

81. These procedures will be executed by: (a) law enforcement personnel conducting 

this investigation (the "Case Team"); and (b) law enforcement personnel not participating in the 

investigation of the matter, who will search the "45 Office" and be available to assist in the event 

that a procedure involving potentially attorney-client privileged information is required (the 

"Privilege Review Team"). 

82. The Case Team will be responsible for searching the TAR GET PREMISES. 

However, the Privilege Review Team will search the "45 Office" and conduct a review of the seized 

materials from the "45 Office" to identify and segregate documents or data containing potentially 

attorney-client privileged information. 

83. If the Privilege Review Team determines the documents or data are not potentially 

attorney-client privileged, they will be provided to the law-enforcement personnel assigned to the 

investigation. If at any point the law-enforcement personnel assigned to the investigation 

subsequently identify any data or documents that they consider may be potentially attorney-client 

privileged, they will cease the review of such identified data or documents and refer the materials 

to the Privilege Review Team for further review by the Privilege Review Team. 

84. If the Privilege Review Team determines that documents are potentially attorneyclient privileged or merit further consideration in that regard, a Privilege Review Team attorney 

may do any of the following: (a) apply ex parte to the court for a determination whether or not the 

documents contain attorney-client privileged material; (b) defer seeking court intervention and 

31 

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continue to keep the documents inaccessible to law-enforcement personnel assigned to the 

investigation; or (c) disclose the documents to the potential p1ivilege holder, request the privilege 

holder to state whether the potential privilege holder asserts attorney-client p1ivilege as to any 

documents including requesting a particularized privilege log and seek a ruling from the comt 

regarding any attorney-client privilege claims as to which the Privilege Review Team and the 

privilege-holder cannot reach agreement. 

Respectfully submitted 

Specia Agent 

Federal Bureau of Investigation 

Subscribed and sworn before me by 

telephone (Wh1}tsApp) or other reliable electronic 

means this - ~- day o st 2022: 

HON.BRUCEE. REINHART 

UNITED STATES MAGISTRATE JUDGE 

32 

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EXHIBIT 1 

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SILVERMAN 

THOMPSON 

Silverman Thompson Slutkin White 

ATTORNEYS AT L.<\W 

Via Electronic Mail 

Jay I. Bratt, Esquire 

Chief 

A Limited Liability Company 

400 East Pratt Street - Suite 900 

Baltimore, Maryland 2 1 2 o 2 

Telephone 41 O. 3 8 5 . 2 2 2 5 

Facs imile 410.547.2432 

silvermanthompson.com 

Baltimore I Tn11·.1·on I Ne11 • fork I Wush ing ton, DC 

May 25, 2022 

Counterintelligence & Export Control Section 

National Security Division 

U.S. Department of Justice 

950 Pennsylvania, Avenue, N.W. 

Washington, D.C. 20530 

Re: Presidential Records Investigation 

Dear Jay: 

Write1's Direct Con tact: 

Evan Corcoran 

4 10-385-2225 

ecorcoran(@,silvermanthompson.com 

I write on behalf of President Donald J. Trump regarding the above-referenced matter. 

Public trust in the government is low. At such times, adherence to the rules and long-standing 

policies is essential. President Donald J. Trump is a leader of the Republican Party. The 

Department of Justice (DOI), as part of the Executive Branch, is under the control of a President 

from the opposite party. It is critical, given that dynamic, that every effort is made to ensure that 

actions by DOI that may touch upon the former President, or his close associates, do not involve 

politics. 

There have been public reports about an investigation by DOI into Presidential Records 

purportedly marked as classified among materials that were once in the White House and 

unknowingly included among the boxes brought to Mar-a-Lago by the movers. It is important to 

emphasize that when a request was made for the documents by the National Archives and Records 

Administration (NARA), President Trump readily and voluntarily agreed to their transfer to 

NARA. The communications regarding the transfer of boxes to NARA were friendly, open, and 

straightforward. President Trump voluntarily ordered that the boxes be provided to NARA. No 

legal objection was asserted about the transfer. No concerns were raised about the contents of the 

boxes. It was a voluntary and open process. 

Unfortunately, the good faith demonstrated by President Trump was not matched once the boxes 

arrived at NARA. Leaks followed. And, once DOI got involved, the leaks continued. Leaks about 

any investigation are concerning. Leaks about an investigation that involve the residence of a 

former President who is still active on the national political scene are particularly troubling. 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 103 of 113 Case 9:22-mj-08332-BER Document 125 Entered on FLSD Docket 09/12/2022 Page 34 of 38
Jay I. Bratt 

May 25, 2022 

Page 2 of3 

It is important to note a few bedrock principles: 

(1) A President Has Absolute Authority To Declassify Documents. 

Under the U.S. Constitution, the President is vested with the highest level of authority when it 

comes to the classification and declassification of documents. See U.S. Const., Art. II, § 2 ("The 

President [is] Commander in Chief of the Army and Navy of the United States[.]"). His 

constitutionally-based authority regarding the classification and declassification of documents is 

unfettered. See Navy v. Egan, 484 U.S. 518, 527 (1988) ("[The President's] authority to classify 

and control access to information bearing on national security . . . flows primarily from this 

constitutional investment of power in the President and exists quite apart from any explicit 

congressional grant."). 

(2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal 

Sanction. 

Any attempt to impose criminal liability on a President or former President that involves his actions 

with respect to documents marked classified would implicate grave constitutional separation-ofpowers issues. Beyond that, the primary criminal statute that governs the unauthorized removal 

and retention of classified documents or material does not apply to the President. That statute 

provides, in pertinent part, as follows: 

Whoever, being an officer, employee, contractor, or consultant of 

the United States, and, by virtue of his office, employment, position, 

or contract, becomes possessed of documents or materials 

containing classified information of the United States, knowingly 

removes such documents or materials without authority and with the 

intent to retain such documents or materials at an unauthorized 

location shall be fined under this title or imprisoned for not more 

than five years, or both. 

18 U.S.C. § 1924(a). An element of this offense, which the government must prove beyond a 

reasonable doubt, is that the accused is "an officer, employee, contractor, or consultant of the 

United States." The President is none of these. See Free Enter. Fund v. Pub. Co. Acct. Oversight 

Bd. , 561 U.S. 477, 497- 98 (2010) (citing U.S. Const., Art. II, § 2, cl. 2) ("The people do not vote 

for the 'Officers of the United States."'); see also Melcher v. Fed. Open Mkt. Comm., 644 F. Supp. 

510, 518-19 (D.D.C. 1986), aff'd, 836 F.2d 561 (D.C. Cir. 1987)("[a]n officer of the United States 

can only be appointed by the President, by and with the advice and consent of the Senate, or by a 

court of law, or the head of a department. A person who does not derive his position from one of 

these sources is not an officer of the United States in the sense of the Constitution."). Thus, the 

statute does not apply to acts by a President. 

2 

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Jay I. Bratt 

May 25, 2022 

Page 3 of 3 

(3) DOJ Must Be Insulated From Political Influence. 

According to the Inspector General ofDOJ, one of the top challenges facing the Department is the 

public perception that DOJ is influenced by politics. The report found that "[ o ]ne important 

strategy that can build public trust in the Department is to ensure adherence to policies and 

procedures designed to protect DOJ from accusations of political influence or partial application 

of the law." See https://oig.justice.gov/reports/top-management-and-performance-challengesfacing-depaiiment-justice-2021 (last visited May 25 , 2022). We request that DOJ adhere to longstanding policies and procedures regarding communications between DOJ and the White House 

regarding pending investigative matters which are designed to prevent political influence in DOJ 

decision-making. 

(4) DOJ Must Be Candid With Judges And Present Exculpatory Evidence. 

Long-standing DOJ policy requires that DOJ attorneys be candid in representations made to 

judges. Pursuant to those policies, we request that DOJ provide this letter to ai1y judicial officer 

who is asked to rule on any motion pertaining to this investigation, or on any application made in 

connection with any investigative request concerning this investigation. 

The official policy of DOJ further requires that prosecutors present exculpatory evidence to a grand 

jury. Pursuant to that policy, we request that DOJ provide this letter to any grand jury considering 

evidence in connection with this matter, or any grand jury asked to issue a subpoena for testimony 

or documents in connection with this matter. 

Thank you for your attention to this request. 

With best regards, 

~4--~ 

M. Evan Corcoran 

cc: Matthew G. 0 lsen 

Assistant Attorney General 

National Security Division 

Via Electronic Mail 

3 

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ATTACHMENT A 

Property to be searched 

The premises to be searched, 1100 S Ocean Blvd, Palm Beach, FL 33480, is further 

described as a resort, club, and residence located near the intersection of Southern Blvd and S 

Ocean Blvd. It is described as a mansion with approximately 58 bedrooms, 33 bathrooms, on a 

17-acre estate. The locations to be searched include the "45 Office," all storage rooms, and all 

other rooms or areas within the premises used or available to be used by FPOTUS and his staff 

and in which boxes or documents could be stored, including all structures or buildings on the 

estate. It does not include areas currently (i.e., at the time of the search) being occupied, rented, 

or used by third parties (such as Mar-a-Largo Members) and not otherwise used or available to be 

used by FPOTUS and his staff, such as private guest suites. 

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ATTACHMENT B 

Property to be seized 

All physical documents and records constituting evidence, contraband, fruits of crime, or 

other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071 , or 1519, including the 

following: 

a. Any physical documents with classification markings, along with any 

containers/boxes (including any other contents) in which such documents are located, as 

well as any other containers/boxes that are collectively stored or found together with the 

aforementioned documents and containers/boxes; 

b. Information, including communications in any form, regarding the 

retrieval, storage, or transmission of national defense information or classified material; 

c. Any government and/or Presidential Records created between January 

20, 2017, and January 20, 2021 ; or 

d. Any evidence of the knowing alteration, destruction, or concealment of 

any government and/or Presidential Records, or of any documents with classification 

markings. 

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Attachment 4 

United States’ Proposed Judicial Protective Order 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

CASE NO. 22-CV-81294-CANNON 

DONALD J. TRUMP,

Plaintiff, 

v. 

UNITED STATES OF AMERICA, 

 Defendant. 

________________________________/ 

[PROPOSED] JUDICIAL PROTECTIVE ORDER

Following notice and opportunity to be heard, further to paragraph 19 of the Order 

dated September 15, 2022 [ECF No. 91], and pursuant to the parties’ stipulated judicial 

protective order [ECF No. ___],1 it is hereby 

ORDERED AND ADJUDGED as follows: 

1. Introduction and Basis for Judicial Protective Order. – The Court’s Order 

appointing the special master [ECF No. 91, ¶ 5] requires the government to provide copies 

of materials seized during the August 8, 2022 execution of a court-authorized search 

warrant at the premises located at 1100 S. Ocean Boulevard, Palm Beach, Florida 33480 

(the “Seized Materials”) to the Special Master, Plaintiff’s counsel, and certain agents and 

employees. The Seized Materials are evidence in a criminal investigation case, most of 

whose details are not a matter of public record. In addition, the Court’s order [ECF No. 91, 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 108 of 113
4-2 

¶ 5] requires the Parties to prepare logs based on and derived from the Seized Materials that 

should similarly be protected from public disclosure to facilitate the special-master-review 

process. To preserve the confidentiality of non-public information and protect the specialmaster-review process, the Court enters this Judicial Protective Order.4 

2. Confidentiality and Non-Disclosure of Seized Materials and Undertakings 

on Exhibit A. – The Seized Materials produced by the government are confidential and 

shall be disclosed to no one other than the Special Master, his law clerks, admitted 

Plaintiff’s counsel of record in this case (“Plaintiff’s Counsel”), staff supporting Plaintiff’s 

Counsel (such as paralegal assistants, secretarial, stenographic, and clerical employees) who 

are working on this case under the direction of Plaintiff’s Counsel and to whom it is 

necessary that the Seized Materials be disclosed for purposes of executing this Court’s 

orders, and vendors approved by the Special Master or this Court for purposes of scanning, 

hosting, reviewing or otherwise processing electronic copies of Seized Materials. 

Plaintiff’s Counsel shall provide the government with the names and job titles of any 

staff who Plaintiff’s Counsel propose to review Seized Materials at least two business days 

before Seized Materials are shown to such persons and such persons must execute the 

“Acknowledgment of Protective Order” that is attached to this Judicial Protective Order at 

4 This Judicial Protective Order does not govern Seized Materials with classification 

markings. The government contends that Seized Materials with classification markings 

should not be provided to the Special Master or Plaintiff’s counsel and has pending before 

the United States Court of Appeals for the Eleventh Circuit an application for a stay 

pending appeal. If the Eleventh Circuit stays this Court’s order with respect to documents 

with classification markings, this Judicial Protective Order will govern Seized Materials 

without classification markings. If any classified materials will ultimately be provided to 

Plaintiff’s counsel, then the parties will propose a separate judicial protective order for the 

Court to enter concerning documents with classification markings that is similar to a 

protective order pursuant to Section 3 of the Classified Information Procedures Act, 18 

U.S.C. App. III § 3. 

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Exhibit A. If the government objects to disclosure during such two-day period, no Seized 

Materials may be disclosed until the government’s objection is resolved by the Court.5

Vendors who are engaged to scan, host, provide review, or otherwise process the 

electronic copies of the Seized Materials must also sign execute the “Acknowledgment of 

Protective Order” that is attached to this Judicial Protective Order at Exhibit A. 

3. Limitations on Use. – Plaintiff’s Counsel, their staff, and any vendors shall 

use Seized Materials exclusively in connection with the above-captioned case and not for 

any other purpose. Nothing herein shall prevent a party from using Seized Materials as 

exhibits to pleadings or otherwise, or from referring to, quoting, or reciting from Seized 

Materials contained in such materials in connection with pleadings or motions filed in the 

above-captioned case; provided, however, that any such Seized Materials be filed under seal or 

submitted to the Special Master or Court for in camera inspection. 

 4. Maintaining Copies of Seized Materials. – Plaintiff’s Counsel, their staff, 

and any vendors to whom the government provides Seized Materials shall maintain any 

Seized Materials produced pursuant to this Judicial Protective Order in a manner 

reasonably intended to preserve and maintain the confidentiality of the materials. 

Specifically, Plaintiff’s Counsel, their staff, and any vendors shall maintain Seized Materials 

in secure areas or on secure networks along with a copy of this Judicial Protective Order. If 

stored electronically on networks not owned by the government, Seized Materials shall be 

password-protected and the network folders in which they are stored shall be walled off 

from any individuals not directly assisting in the above-captioned case. 

5 With respect to the Seized Materials, the government is separately bound by the Warrant 

and this Court’s order, which includes an injunction. 

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4-4 

 5. Unauthorized Disclosure. – If Plaintiff’s Counsel, their staff, or any vendor 

learns that it has disclosed, inadvertently or otherwise, Seized Materials to a person in a 

circumstance not authorized under this Judicial Protective Order or any unauthorized 

access to Seized Materials otherwise occurs, the disclosing party must immediately 

(a) notify the government in writing of the unauthorized disclosures, (b) use its best efforts 

to retrieve all unauthorized copies of the Seized Materials, (c) inform the person or persons 

to whom unauthorized disclosures were made of all the terms of this Judicial Protective 

Order, and (d) request such person or persons sign the “Acknowledgment of Protective 

Order” that is attached to this Judicial Protective Order at Exhibit A. 

6. Violations. – Violations of this Judicial Protective Order shall be punishable 

by contempt of court or any other legally available sanction that the Court deems 

appropriate. All parties to whom Seized Materials are disclosed in accordance with this 

Judicial Protective Order consent and submit to this Court’s jurisdiction for purposes of 

enforcing this order. 

7. Further Relief. – Nothing in this Judicial Protective Order shall be construed 

as restricting any party from seeking such further relief as may be available under applicable 

law. 

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this ___ day of 

September 2022. 

 

AILEEN M. CANNON 

UNITED STATES DISTRICT JUDGE 

cc: counsel of record

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4-5 

EXHIBIT A 

ACKNOWLEDGMENT OF JUDICIAL PROTECTIVE ORDER 

I hereby acknowledge that I received a copy of the Judicial Protective Order issued in 

Donald J. Trump v. United States of America, Case No. 22-CV-81294-CANNON (S.D. Fla.), that 

I read and understand it, and I agree to be bound by its terms. I further understand that by 

signing this Acknowledgment, I subject myself to the jurisdiction of the United States District 

Court for the Southern District of Florida for the purpose of enforcing the terms of the Judicial 

Protective Order and punishing any violations thereof. 

____________________________ 

Name (Printed) 

____________________________ 

Signature 

____________________________ 

Street Address 

____________________________ 

City, State, and Zip Code 

____________________________ 

Telephone Number 

____________________________ 

E-Mail Address 

Case 9:22-cv-81294-AMC Document 96 Entered on FLSD Docket 09/19/2022 Page 112 of 113
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CERTIFICATE OF SERVICE 

 

I HEREBY CERTIFY that on [date], I electronically filed the foregoing document 

with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being 

served this day on all counsel of record via transmission of Notices of Electronic Filing 

generated by CM/ECF. 

s/ 

[Name] 

Assistant United States Attorney 

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