“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.”

Transcription of Affidavit Used by the DOJ and FBI to Obtain a Search Warrant of Donald Trump’s Mar-a-Lago

Note that this is a raw transcription, and does not include the wide swaths of redaction. You can see the original PDF downloaded from PACER below the transcript.

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	
Filed Under Seal 

AFFIDAVIT IN SUPPORT OF AN

APPLICATION UNDER RULE 41 FOR A 
WARRANT TO SEARCH AND SEIZE

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

INTRODUCTION AND AGENT BACKGROUND 

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 referral 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. 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
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;
determine 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 information without authorization andior in
an unauthorized space. 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. 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. 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. Based on my experience and
training, I am familiar with efforts used to unlawfully collect, retain, and
disseminate sensitive government information, including classified NDI. 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. 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
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 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
of the United States entitled to receive it" shall be fined or imprisoned not
more than ten years, or both. Under Executive Order 13526, information in any
form 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. 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. 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. 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. HUMINT Control
System, or "HCS," is an SCI control system designed to protect intelligence
information derived from clandestine human sources, commonly referred to as
"human intelligence." The HCS control system protects human intelligence-derived
information and information relating to human intelligence activities,
capabilities, techniques, processes, and procedures. 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." 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. Classified information may be marked as
"Originator Controlled," abbreviated "ORCON." This marking indicates that
dissemination beyond pre-approved U.S. entities requires originator approval.
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 access to classified i
nformation, the originating United States agency must
determine that such release is appropriate. 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. 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. 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. 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.

(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—
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 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 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 of NARA's Office of the 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 post-presidential 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):
Destination Content Removed at Other End

letter.02.18.2022.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.

SAVE AMERICA

Boxes Containing Documents Were Transported from the White House to Mar-a-Lago
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.

Provision of the Fifteen Boxes to NARA

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.

The FIFTEEN BOXES Provided to NARA Contain Classified Information 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
fourteen of the FIFTEEN BOXES. A preliminary triage of the documents with
classification markings revealed the following approximate numbers: 184 unique
documents bearing classification markings, including 67 documents marked as
CONFIDENTIAL, 92 documents marked as SECRET, and 25 documents marked as TOP
SECRET. Further, the FBI agents observed markings reflecting the following
compartments/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.


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 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 connection with any investigative
request concerning this investigation." I am aware of an article published in
Breitbart on May 5, 2022, available at htt s
www.breitbart.courpolitics/2022/05/05/documents-mar-a-lauo-marked-classified-
werealreadv-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.



On June 8, 2022, DOJ 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	were removed 
from the
secure facilities at the White House and moved to Mar-a-Lago on or around
January 20, 2021, they have not been handled in an appropriate manner or stored
in an 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 current condition until further
notice. 2 18 U.S.C. § 793(e) does not use the term "classified information." but
rather criminalizes the unlawful retention of -information relating to the
national defense." The statute does not define "information related to the
national defense." but courts have construed it broadly. See Gorin v. 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. referring to the military and naval establishments and the
related activities of national preparedness"). In addition. the information must
be "closely held" by the U.S. government. See United States v. Squillocate. 221
F.3d 542. 579 (4th Cir. 2000) (IIinformation 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.

On June 9, 2022, FPOTUS COUNSEL 1 sent an email to DOJ COUNSEL, stating, `I
write to acknowledge receipt of this letter."


There is Probable Cause to Believe That Documents Containing Classified NDI and

Presidential Records Remain at the Premises

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 currently authorized locations for the storage of classified
information 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. 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

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 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 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.

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