A new FBI memo puts President Joe Biden in the thick of the Mar-a-Lago search of President Donald Trump's home.
The memo puts an end to any rumors or partisan talking points; internal emails and memos outline briefings, coordination, and presidential approval before federal agents entered Trump's home.
In January 2022, the National Archives and Records Administration received 15 boxes of presidential materials from Trump's Mar-a-Lago estate. Staff members found documents bearing classified markings, and requested additional materials from Trump's team.
Archivist officials believed more records remained at the property. The dispute moved from paperwork to potential criminal exposure within a matter of months.
By April 2022, White House Deputy Counsel Jonathan Su spoke with officials at the DOJ and the National Archives. Acting Archivist Debra Steidel Wall wrote to Trump attorney Evan Corcoran, confirming that Biden declined to assert executive privilege over the materials, clearing the way for FBI access.
An internal FBI memo stated that the planned action relied on the timeline of President Biden's decision and coordination between the White House Counsel's Office and the DOJ.
The Biden White House was “coordinating” with the Department of Justice about an FBI search for classified documents at Donald Trump’s Mar-a-Lago residence before taking their conversation “offline,” according to Attorney General Pam Bondi’s former chief of staff Chad Mizelle.
Mizelle told The Post in an exclusive interview Wednesday that he reviewed smoking-gun emails between officials in former President Joe Biden’s White House Counsel’s Office, Merrick Garland’s DOJ, and the National Archives and Records Administration (NARA) in the months before the execution of a search warrant at the Palm Beach, Fla., resort on Aug. 8, 2022.
“We have concrete evidence that Biden’s White House was very much involved in the most unprecedented, unjust, and improper law enforcement act, really in the history of our country, which is to use the FBI to raid the home of a political rival and former president of the United States,” Mizelle said.
Attorney General Merrick Garland oversaw the criminal investigation that followed, later confirming he personally approved the decision to seek a search warrant that was executed on Aug. 8, 2022. Agents opened storage rooms, reviewed documents, and removed boxes containing potentially classified materials.
The search marked the first time in American history that federal agents executed a warrant at the home of a former president.
Trump publicly criticized the search, calling it politically motivated, while the Biden White House first said that it had no prior knowledge of the specific operational steps.
Successive internal communications showed debate inside federal agencies; emails showed FBI personnel asked whether the probable cause threshold met constitutional standards, with some agents suggesting less intrusive measures before seeking a warrant.
One Justice Department official expressed indifference to concerns about public optics, so the warrant application moved forward.
"Since we heard Mr. Toscas say yesterday in the call that he ‘frankly doesn’t give a damn about the optics’ and Mr. Bratt has already built an antagonistic relationship with (Trump) attorneys…I think it is more than fair to say that the DOJ's contact with the Trump attorney just before executing the warrant will not go well. DOJ said as much yesterday," the agent writes. "I also think that it is fair to say that if FBI calls, having in mind officer safety, to the optics of the search, and the desire to conduct this search in a professional and low key manner, there is a far better chance that the execution will go more smoothly and we may actually gain some measure of cooperation, which could go some way to resolving the mishandling of classified records investigation that is being conducted."
Former Associate Attorney General Chad Mizelle later reviewed the communications and said the documentation showed clear White House awareness and involvement.
Normally, presidents don't brief the public or explain federal investigative steps involving direct political opponents. Executive branch agencies work under presidential authority, yet administrations usually keep their distance to avoid the appearance of interference.
The disclosed memo and emails show that Biden received a briefing, made a decision, and authorized coordination that enabled the FBI to access Trump's materials, a distinction that carries weight.
The Constitution grants presidents broad authority over the executive branch, yet longstanding practice encourages a firewall between the White House and active criminal investigations involving political rivals.
Public assurances in 2022 emphasized independence, but the paper trail now shows something else happened.
The charges connected to Trump's classified documents case later faced legal challenges and procedural dismissals, while the broader debate remains centered on precedent and executive power.
When a sitting president receives a briefing, declines privilege, and directs coordination that leads to a search of a former president and political rival's home, the event enters constitutional history.
Leadership carries authority, yet leading raises a question. How and when should that authority operate in matters of political adversaries?
But of course, what Biden did wasn't weaponizing law enforcement.
My word as a Biden.
VIP members unlock deeper analysis on executive power, federal investigations, and the legal guardrails that shape presidential conduct. Right now, readers save 60% on a PJ Media VIP membership with promo code FIGHT. Join today for ad-free access, exclusive reporting, and long-form investigations at a steep discount.
Join the conversation as a VIP Member