FBI to give Congress bombshell memos warning Biden DOJ didn’t have probable cause to raid Trump home

The emails are to be turned over as early as Tuesday to the Senate and House Judiciary committees.

Published: December 16, 2025 6:14am

Attorney General Pam Bondi and FBI Director Kash Patel are preparing to turn over to Congress bombshell emails showing the FBI warned that the Biden Justice Department did not have probable cause to raid President Donald Trump‘s home at Mar-a-Lago, but prosecutors proceeded anyways, Just the News has learned.

The emails are to be turned over as early as Tuesday to the Senate and House Judiciary committees, ahead of a planned deposition Wednesday from ex-special prosecutor Jack Smith, who inherited the Mar-a-Lago classified documents case just months after the August 2022 raid of Trump's home that rocked the political world ahead of the 2024 election.

The memos show the FBI's Washington field office "does not believe they established probable cause" prior to raiding Trump's Florida home, according to one source with direct knowledge of the memos about to be turned over to Congress.

It has long been rumored that some FBI agents disagreed with the decision to raid Trump's home to look for classified documents at the request of the National Archives.

But the soon-to-be released emails will chronicle the specific concerns that DOJ under President Joe Biden had not met the standard for a search warrant, but proceeded anyway, officials said.

The raid became a flashpoint in the battle between Biden and Trump ahead of the 2024 election, leading to two federal indictments against Trump that were ultimately dismissed in what Republicans argue were politically weaponized acts by a Democrat-run DOJ designed to influence the 2024 election.

The House Judiciary Committee issued a subpoena recently compelling Smith to give a closed-door deposition Wednesday as part of the committee's probe into the federal prosecutions of Trump.

"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 letter accompanying the subpoena 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, a lawyer for Smith, indicated that the former special counsel will comply.

Ahead of Smith's appearance, House Democrats are trying to force the release of a classified version of his final report on his investigation.

Trump's legal team has gone to court to try block the release.

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