Attorney Alan Dershowitz had already asked why Biden’s DOJ decided to raid Mar-a-Lago instead of following proper procedure.

The more appropriate action would have been for a grand jury to issue a subpoena for any boxes of material that were seized and for Trump’s private safe that was opened. That would have given Trump’s lawyers the opportunity to challenge the subpoena on various grounds — that some of the material was not classified; that previous classified material was declassified by Trump; that other documents may be covered by various privileges, such as executive or lawyer-client. 

Instead, the FBI apparently seized everything in view and will sort the documents and other material without a court deciding which ones are appropriately subject to Justice Department seizure. 

Searches and seizures should only be used when subpoenas are inappropriate because of the risk of evidence destruction

We now know that the feds had asked Trump’s lawyers to secure the documents and that they were secured.

According to Bobb, Trump’s lawyers this year searched through two to three dozen boxes of material in a storage area, looking for possible presidential records, and they turned over “a few pages” that might meet the definition.

Bobb said she and Trump lawyer Evan Corcoran met later with a senior Justice Department official whose name she could not recall. Trump appeared at the beginning of the meeting, in June, and greeted investigators, Bobb said, adding that the former president was not interviewed. Federal officials then looked through boxes of material, Bobb added.

Bobb told NBC News that the Justice Department officials said they did not believe the storage unit housing the documents was properly secured. She said that Trump officials added a lock to the facility and that FBI agents broke the lock when they searched the property Monday.

Bobb added that she did not know what prompted the Justice Department to escalate its investigation to a court-ordered search.

A source close to Trump who is familiar with the search said there are no plans to release a copy of the warrant. The source added that Trump had personally shown the Justice Department officials the room where the materials were housed during the spring meeting, which the source said took place June 3.

The argument for a raid would be that the documents were on the verge of being destroyed. Releasing a warrant might provide backing for that claim. Or note the lack of it.

So, as per usual, the coup gang isn’t releasing anything. A warrant could be released in redacted fashion if it describes classified materials. And it is highly unlikely that actual classified materials as opposed to materials that are technically classified but would be of no use to foreign adversaries are at issue.

The DOJ had been in talks with Trump’s lawyers. They had gotten some security added. The DOJ has failed to note what if any additional safeguards it wanted, but could have pursued this through the legal system. 

It failed to do so.

Most likely that’s because the Biden DOJ is on a fishing expedition, as Andrew McCarthy has argued, seeking to vacuum up as many documents as possible. Keeping the warrant secret also fudges the question of whether they are seizing documents that are related to the warrant or not.

All bets are that they’re taking anything useful for the Biden administration and its political operatives.