DOJ emails reveal coordination with Biden White House before Mar-a-Lago search
The Department of Justice delayed executing a search warrant at former President Donald Trump's Mar-a-Lago estate in Palm Beach, Florida, until then-President Joe Biden could receive a briefing and officials could coordinate with the White House Counsel's office, according to unclassified emails obtained by The NY Post.
The communications, first reported by Fox News, involved DOJ and FBI officials and spanned from April 2022 through the days following the Aug. 8, 2022, search of Trump's residence.
The newly surfaced emails contradict Biden's public claim that he had no prior knowledge of the FBI's search of his chief political rival's home, while also exposing internal disagreements within the DOJ and FBI over whether probable cause had been established and how the operation should be conducted.
The issue has sparked renewed debate about the politicization of federal law enforcement and the degree to which the Biden White House may have been involved in what was widely characterized at the time as an independent DOJ decision. For many observers, these emails raise deeply troubling questions about whether the rule of law was applied evenly — or weaponized against a political opponent.
A Timeline of Internal Planning and White House Involvement
In a May 10, 2022, email, an unidentified FBI official wrote that the search-related "event" depended on "the timeline of President Biden's brief, decision, and coordination between WH Counsel and DOJ." The same email noted that Trump attorney Evan Corcoran could potentially seek an injunction or assert executive privilege to block the search.
FBI officials also indicated that coordination with DOJ and the White House Counsel was already underway to confirm and interview Walt Nauta, Trump's valet, who was later indicted as a co-conspirator in the classified documents case brought by then-special counsel Jack Smith. Chad Mizelle, described as having served until recently as chief of staff to Attorney General Pam Bondi, told The Post in December that additional emails between Biden's White House Counsel's Office, DOJ under Merrick Garland, and the National Archives also discussed the search warrant.
When reached for comment on Wednesday, Mizelle said the FBI communications referenced in the story were separate from the emails he had previously reviewed. This suggests multiple channels of discussion existed between the White House and federal law enforcement regarding the unprecedented search of a former president's home.
FBI Officials Questioned Whether Probable Cause Existed
Not everyone within the bureau was on board. An assistant special agent in charge focused on counterintelligence wrote in an email that "WFO does not believe (and has articulated to DOJ CES) that we have established probable cause for the search warrant at Mar a Lago." The same email described a disagreement about the scope of the warrant that would have prevented agents from searching Trump's office and bedroom.
Surveillance video reviewed by the bureau as of July 2022 showed "very little activity" involving the area near the door and boxes moving in and out, further casting doubt on the urgency of a search. Despite these concerns raised by the FBI's Washington Field Office, Attorney General Merrick Garland ultimately authorized the execution of the search warrant.
An Aug. 4, 2022, email revealed that Jack Smith's deputy, Jay Bratt, had "built an antagonistic relationship" with Trump's lawyer in the months before the search. FBI officials wanted to be the first to contact Corcoran on the morning of the raid to "set the tone for the day," reflecting internal anxiety about how DOJ's approach could escalate tensions.
Concerns Over "Optics" Dismissed by Senior DOJ Official
An FBI assistant special agent in charge emailed then-Washington Field Office assistant director in charge Steven D'Antuono and Anthony Riedlinger, writing, "The FBI intends for the execution of the warrant to be handled in a professional, low-key manner, and to be mindful of the optics of the search." However, the same agent recounted hearing senior DOJ official George Toscas say during a call that "he frankly doesn't give a damn about the optics."
The agent warned that "the DOJ contact with Mr. Corcoran just before the execution of the warrant will not go well," given Bratt's contentious relationship with Trump's attorney. The agent also raised concerns about the safety of the search team, writing, "Safety of the search team is always of a concern during any such operation."
The agent added, "I understand that this request may not go well at DOJ; however, it is the FBI serving and executing the search, and it will be our personnel who will have to deal with the reaction to that first contact." It is unclear whether Toscas still works at DOJ; last year, he was reportedly transferred to a task force focused on sanctuary cities, according to CBS News.
Lessons to Learn
1. Transparency in government operations matters. When federal agencies coordinate with political leaders on actions targeting their opponents, the public deserves clear and honest disclosure — not denials that are later contradicted by internal communications. Citizens should demand accountability and full transparency from elected officials.
2. Internal dissent within law enforcement should be taken seriously. When FBI field office personnel express doubts about probable cause and the scope of a warrant, those objections deserve thorough review rather than dismissal. Oversight mechanisms exist to prevent overreach, and the public should support those safeguards.
3. No matter how carefully institutions are designed, the potential for abuse of power exists. It is important to remember that no individual or system is immune to failures of judgment or integrity, and we should never blame those targeted by improper government action for the actions taken against them.
Why This Story Matters
This story matters because it goes to the heart of whether federal law enforcement can operate independently of political influence. If the Biden White House was briefed on and coordinated the search of a primary political rival's home while publicly denying any involvement, it represents a profound breach of public trust. The emails reveal that the Aug. 8, 2022, search of Mar-a-Lago — which found 102 classified documents and led to a 40-count indictment that was ultimately tossed by a federal judge in July 2024 — was far more contested internally and politically entangled than Americans were initially told.
On the day of the search, Trump posted on Truth Social that his home had been "raided, and occupied" and was "currently under siege." White House press secretary Karine Jean-Pierre told reporters that Biden "was not briefed, was not aware of it" and that the White House learned of the search "just like the American people did." Jean-Pierre declined to comment 18 times on the raid of Biden's primary political opponent.
In court filings, Smith's team claimed only "formal and limited" involvement with the Biden White House Counsel's Office regarding missing records with the National Archives in 2021. This past Monday, Fort Pierce U.S. District Judge Aileen Cannon permanently blocked the Justice Department from publicly releasing Smith's report on the classified documents case, calling it a "brazen stratagem."
