Attorney General Merrick Garland criticized former President Donald Trump on Thursday for suggesting that President Joe Biden had given authorization for his potential assassination during the FBI search of his Mar-a-Lago resort in August 2022, which was conducted to find confidential government material. Garland pointed out that a similar Justice Department memo on the use of deadly force was also applied during the FBI search of Biden’s Wilmington, Delaware, home in January 2023.
Garland strongly rejected Trump’s accusation as “false and extremely dangerous.” This statement was made after the special counsel investigating the ongoing federal probe into the missing documents unsealed relevant documents on Tuesday.
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During an unrelated news conference, the spokesperson clarified that the document mentioned in the accusation is the Justice Department’s standard policy. This policy restricts the use of force, as advised by the FBI, and is a routine component of search operations. The spokesperson further emphasized that this policy was even applied during the consensual search of President Biden’s residence.
The FBI reiterated Garland’s remarks in a revised statement on Thursday, emphasizing that its implementation of a policy statement on “deadly force” was included during the search of Biden’s Delaware residence a few months later, as it is customary for all FBI operations orders.
The agency stated that no one had given any instructions for further actions to be taken, and there was no deviation from the usual procedure in this particular situation.
The FBI has issued its second response this week to address President Trump’s false claims, which he posted on Truth Social and included in a fundraising letter on Tuesday.
In a letter, Trump made the false claim that Biden was “locked & loaded ready to take me out.” In a post on Truth Social, the former president stated that he had been “shown Reports” indicating that Biden’s DOJ had authorized the FBI to use deadly force during their search of the property for classified documents.
A ‘Law Enforcement Operations Order’ was drafted by agents who were preparing to conduct a search of Mar-a-Lago. The government had obtained a warrant from a magistrate judge, who found probable cause that agents would discover evidence of unlawfully retained national defense information and obstruction of justice at the location.
Agents eventually found approximately 100 documents that had classification markings. This discovery occurred months after the government had issued a subpoena to Trump, requesting any remaining documents in his possession. Prior to this, the government had obtained evidence suggesting that Trump had deceived his own lawyers into signing a false certification, which claimed that all such documents had already been returned.
“The FBI stated on Tuesday that they adhered to standard protocol during the search, which includes a policy statement that restricts the use of deadly force. They clarified that no additional measures were instructed, and there was no deviation from the usual procedure in this particular case.”
Several former FBI and DOJ officials have also verified that the deadly force policy is a standard inclusion.
According to Sarah Isgur, a former DOJ official and ABC News contributor, the FBI has a standard policy on the use of deadly force whenever they engage in adversarial actions such as executing a search warrant. Isgur explains that if there is a perceived danger to the agents or the public and there are no other viable alternatives, the use of deadly force is authorized. This policy is in place to ensure the safety of the agents and the public during such operations.
Trump and his two co-defendants have maintained their innocence and denied any wrongdoing, pleading not guilty to all charges brought against them.
In their filing on Tuesday, Trump’s attorneys did not make any accusation suggesting that Biden’s inclusion of the policy indicated his preparation to assassinate Trump. It remains unclear whether they had shared this information, which is part of a large collection of discovery in the case, with Trump before it was unsealed.
Trump claims he was informed about the filing after court proceedings concluded in his New York state criminal hush money case. However, Georgia GOP Rep. Marjorie Taylor Greene took to X to assert that she personally ensured Trump was aware of the baseless allegation that the “Biden DOJ and FBI were planning to assassinate” him.
During the search at Mar-a-Lago, the agents were fully aware that Trump would not be present at the property. The search was conducted during the off-season when Trump usually stays at his property in Bedminster, New Jersey.
During the search operation, the team had a contingency plan in case Trump arrived at the property unexpectedly. They made arrangements for FBI personnel present on-site to be ready to interact with him and his Secret Service security detail. It is important to note that there were no indications of any potential violence, but rather a focus on designating specific points of contact to communicate with Trump’s team.
The order also strengthens the testimony of Steve D’Antuono, the former director of the FBI’s Washington, D.C., field office. During his previous testimony to Congress, he emphasized that the agents executing the warrant were determined not to display a show of force.
During an exchange with Rep. Jim Jordan, the Ohio Republican who chairs the House Judiciary Committee, D’Antuono clarified that the operation was not intended as a show of force. He emphasized that there were no raid jackets or FBI vehicles involved, contrary to what had been reported. The exaggerated portrayal of the operation with helicopters and a large number of personnel was completely untrue. D’Antuono made it clear that this was not how they approached the situation.
Case agents on the scene were given instructions in the operation order to dress in “business casual” attire, with their law enforcement equipment discreetly concealed under unmarked polo or collared shirts.
