News that FBI agents descended on former President Donald Trump’s Mar-a-Lago home and searched it has spawned accusations of a politicized law enforcement...
has spawned accusations of a politicized law enforcement organization doing the bidding of the Biden administration in targeting political enemies.
Federal authorities seeking a search warrant present their evidence and the basis for needing to search a property in an affidavit reviewed by a federal magistrate or district court judge. Given the sensitivity of an investigation involving a former president, there must have been a serious amount of deliberation by both the Justice Department and the judge, said Dennis Lormel, who served 28 years in the FBI before retiring in 2003.
Those records typically remain under seal unless and until a criminal case is brought, and even then, authorities may try to keep the affidavit from public view. The person whose property is being searched is entitled to see the warrant, but not the affidavit. Brian O’Hare, president of the FBI Agents Association, said Tuesday that all search warrants “must satisfy detailed and clear procedural rules, and are the product of collaboration and consultation with relevant Department of Justice attorneys.”
The Presidential Records Act, which was enacted in 1978 in the aftermath of the Watergate scandal, requires the preservation of White House documents as property of the U.S. government.
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