UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-mi-8332-BER
IN RE SEALED SEARCH WARRANT
----------------I
CRIMINAL COVER SHEET
1. Did this matter originate from a matter pending in the No1thern Region of the United States
Attorney's Office prior to August 8, 2014 (Mag. Judge Shaniek Maynard)? No
2. Did this matter originate from a matter pending in the Central Region of the United States
Attorney's Office prior to October 3, 201 9 (Mag. Judge Jared Strauss)? No
Respectfully submitted,
JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY
BY:
99 No1t heast 4th Street
Miami, Florida 33132-2 111
Telep~o: a .
E-mail: [OJ •
•
-
Document ID: 0.7.500.8728
0171 5-001 24
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FILED B'l.____T__
M____ o.c .
Aug 5, 2022
CASE NO. 22-mj-8332-BER
IN RE: SEARCH WARRANT
ANGEl.A E. N0Sl.E
CLERK U.S , 01ST. CT.
S. 0 . OF FlA. • West Palm Beach
HIGHLY SENSITIVE DOCUMENT
- - - - - - - - - - - - - - - -I
MOTION TO SEAL
The United States of America, by and through the undersigned Assistant United States
Attorney, hereby moves to seal this Motion, the Search Wanant, and all its accompanying
documents, until further order of this Comi. The United States submits that there is good cause
because the integrity of the ongoing investigation might be compromised, and evidence might be
destroyed.
The United States fmiher requests that, pursuant to this Comi's procedures for Highly
Sensitive documents, all documents associated with this investigation not be filed on the Comt's
electronic docket because filing these materials on the electronic docket poses a risk to safety given
the sensitive nature of the material contained therein.
Respectfully submitted,
JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY
BY:
(b) (6), (b) (?)(C)
Assistant United States Attorney
(b) (6), (b) (?)(C)
Document ID: 0.7.500.8728
0171 5-001 25
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FILED BY'___T_M__ o.c .
CASE NO. 22-mj-8332-BER
Aug 5, 2022
ANGElA E . NOBLE
CLERK U.5 . DIST. CT.
S. 0 . OF Fl.A. • Wes t Palm Beach
IN RE: SEARCH WARRANT
HIGHLY SENSITIVE DOCUMENT
- - - - - - - - - - - - - - -I
SEALING ORDER
The United States ofAmerica, having applied to this Comt for an Order sealing the Motion
to Seal, the Search Wairnnt and all its accompanying documents, and this order and the Comt
finding good cause:
IT IS HEREBY ORDERED that the Motion to Seal, the Search Wa1rnnt and its
accompanying docmnents, and this Order shall be filed under seal until further order of this Comt.
However, the United States Attorney's Office and the Federal Bureau of Investigation may obtain
copies of any sealed document for pmposes of executing the search wa1rnnt.
fl>'
DONE AND ORDERED in chambers at West Palm Beach, Florida, this .£_day of
August 2022.
a:~
HON. BRUCE E. REINHART
UNITED STATES MAGISTRATE JUDGE
Document ID: 0.7.500.8728
01715-00126
AO 106A (08/ 18) Application for a Warrant by Telephone or Other Reliable Electronic Means
_________
.....
UNITED STATES DISTRJCT COURT
FILED av___r:_M__ o.c .
for the
Southern Distlict of Florida
In the Matter of the Search of
(Briefly describe the property to be searched
or iaentify the person by name and address)
the Premises Located at 1100 S. Ocean Blvd., Palm
Beach, FL 33480, as further described in Attachment A
)
)
)
)
)
)
Aug 5, 2022
ANGEl.A E. NOBl.£
CL.ERK U.S . 01ST. CT.
S. 0 . OF Ft.A. - WestPalmB,ach
Case No. 22-mj-8332-BER
APPLICATION FOR A WARRANT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS
I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under
penalty of perjmy that I have reason to believe that on the following person or property (identify the person or describe the
property to be searched and give its location):
See Attachment A
Southern
District of
located in the - - ----- - - - -Florida
- - - - - - - , there is now concealed (identify the
person or describe the property to be seized):
See Attachment B
The basis for the search m1der Fed. R. Crim. P. 4l(c) is (check one or more):
fi evidence of a crime;
fi contraband, frnits of crime, or other items illegally possessed;
D property designed for use, intended for use, or used in committing a crime;
0 a person to be atTested or a person who is unlawfully restrained.
The search is related to a violation of:
Code Section
18 U.S.C. § 793
18 U.S.C. § 2071
18 U.S.C. § 1519
Offense Description
Willful retention of national defense information
Concealment or removal of government records
Obstruction of federal investigation
The application is based on these facts:
(b)(6). (b)(7)(C). (b)(7)(F) per FBI
See attached Affidavit of FBI Special Agent
if Continued 011 the attached sheet.
D Delayed notice of _ _ days (give exact ending date ifmore than 30 days:
) is requested under
18 U.S.C. § 3103a, the basis of which is set fo11h 011 the att (b )(6 ), (b )(?)(C), (b )(?)(F ) per FBI
(b)(6), (b)(7)(C), (b)(7)(F) per FBI
Special Agent, FBI
Printed name and title
Date:
08/05/2022
City and state: West Palm Beach, Florida
Hon. Bruce E. Reinhart, U.S. Magistrate Judge
Printed name and title
Document ID: 0.7.500.8728
01715-00127
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 Under Seal
AFFIDAVIT IN SUPPORT OF AN
APPLICATION UNDER RULE 41 FOR A
WARRANT TO SEARCH AND SEIZE
I,
(b)(6), (b)(7)(C), (b)(7)(F) per FBI
, 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 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.
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
Document ID: 0.7.500.8728
01715-00128
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 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
(b)(6), (b)(7)(C), (b)(7)(E) per FBI
During this time, I have received training
at the FBI Academy located at Quantico, Virginia, specific to counterintelligence and espionage
investigations. (b)(6), (b)(7)(C), (b)(7)(E) per FBI
2
Document ID: 0.7.500.8728
01715-00129
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 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
(Threw him in blinds t rum p) Hit. Blow his whore Ms)
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
Document ID: 0.7.500.8728
01715-00130
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 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
Document ID: 0.7.500.8728
01715-00131
"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
"ORCON." 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 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
Document ID: 0.7.500.8728
01715-00132
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 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
Document ID: 0.7.500.8728
01715-00133
(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 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
7
Document ID: 0.7.500.8728
01715-00134
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 l