Biden’s FBI Had No ‘Probable Cause’ To Raid Mar-a-Lago: Memos
Attorney General Pam Bondi and FBI Director Kash Patel are preparing to turn over internal FBI emails to Congress that they say expose serious concerns inside the bureau over the now-infamous raid on President Donald J. Trump’s Mar-a-Lago residence, according to officials who spoke with Just the News.
The emails are expected to be delivered to both the Senate and House Judiciary Committees as early as Tuesday, just one day before former special counsel Jack Smith is scheduled to sit for a closed-door congressional deposition. Smith assumed control of the Mar-a-Lago classified documents investigation shortly after the August 2022 search of Trump’s Florida home—an unprecedented action that reshaped the political environment heading into the 2024 election, Just the News reported.
According to a source with direct knowledge of the materials, internal memos drafted by the FBI’s Washington Field Office warned that probable cause had not been sufficiently established to justify a search warrant of President Trump’s private residence. Those warnings were communicated to the Justice Department while it was under Biden administration control.
The source said the documents reflect internal resistance within the FBI, with agents questioning whether federal prosecutors had met the constitutional threshold required to authorize such a search. Despite those objections, the DOJ moved forward anyway, officials told the outlet.
While earlier reporting confirmed disagreements among FBI personnel over the Mar-a-Lago operation, the forthcoming emails reportedly go further—laying out specific, documented objections raised by agents about the lack of probable cause before the search was approved.
The raid quickly became one of the most divisive political events in modern American history and later resulted in two federal indictments against President Trump. Both cases were ultimately dismissed, reinforcing Republican claims that the prosecutions were driven by political motives rather than lawful necessity—an allegation the Justice Department has repeatedly denied.
As part of its ongoing oversight responsibilities, the House Judiciary Committee recently subpoenaed Smith, compelling him to testify under oath this Wednesday. Just the News noted that the deposition will focus on the conduct and decision-making of the Office of Special Counsel.
“The Committee on the Judiciary is continuing to conduct oversight of the operations of the Office of Special Counsel you led — specifically, your team’s prosecutions of President Donald J. Trump and his co-defendants,” Chairman Jim Jordan wrote in the subpoena letter sent two weeks ago. “Due to your service as Special Counsel, the Committee believes that you possess information that is vital to its oversight of this matter.”
Peter Koski, an attorney representing Smith, confirmed that the former special counsel will comply with the subpoena.
Meanwhile, House Democrats are pushing to force the release of a classified version of Smith’s final report, despite objections from Trump’s legal team, which has filed court motions seeking to block its publication, according to the outlet.
Smith may have once operated under the assumption that his role in the Biden administration’s aggressive legal campaign against Donald Trump placed him beyond accountability. That assumption is now being tested.
In October, Sen. Marsha Blackburn of Tennessee—joined by several Republican senators and one House member—sent a formal referral to Attorney General Bondi urging investigations by the Justice Department’s Office of Professional Responsibility and multiple state bar associations.
The letter accuses Smith of potential professional misconduct serious enough to warrant disbarment, The New York Post reported.
“As part of Jack Smith’s weaponized witch hunt, the Biden DOJ issued subpoenas to several telecommunications companies in 2023 regarding our cell phone records, gaining access to the time, recipient, duration, and location of calls placed on our devices from January 4, 2021, to January 7, 2021,” the lawmakers wrote.
“We have yet to learn of any legal predicate for the Biden Department of Justice issuing subpoenas to obtain these cell phone records,” the letter added.
With newly disclosed FBI emails, a compelled deposition, and mounting ethics complaints, the legal machinery once aimed at President Trump is now facing scrutiny of its own.