FBI Must Release Mar-a-Lago Documents Despite Trump's Immunity, Judge Rules

Created: JANUARY 27, 2025

Despite the dismissal of the case against former President Donald Trump due to presidential immunity, a federal judge has ruled that the FBI must release records related to the Mar-a-Lago classified documents investigation. U.S. District Judge Beryl Howell ordered the FBI to disclose further information by February 20th, 2025, in response to a Freedom of Information Act (FOIA) request filed by journalist Jason Leopold in 2022.

Leopold's request followed reports of Trump allegedly disposing of presidential records and transporting classified documents to his Florida residence during his first term. The FBI had sought to withhold the records, citing Exemption 7A, which protects information that could interfere with law enforcement proceedings. However, Judge Howell determined that the documents could be released given Trump's immunity and the absence of ongoing legal action against him.

Trump mar-a-lago

Trump speaks during a news conference at Mar-a-Lago, Jan. 7, 2025, in Palm Beach, Fla. (AP Photo/Evan Vucci)

Judge Howell acknowledged the irony that the confidentiality protections within the criminal justice system, including Exemption 7A, become unavailable when a president is immune. The ruling stated, "...for an immune president, Exemption 7(A) may simply be unavailable, as it is here." The judge granted Leopold’s motion for summary judgment and ordered both parties to submit a status report outlining a schedule for the case’s swift conclusion by February 20, 2025.

Files, documents

Documents were seized during the FBI search of Donald Trump's Mar-a-Lago residence on Aug. 8, 2022. (Department of Justice via AP/File)

Importantly, Judge Howell clarified that while Trump enjoys immunity, those who may have assisted him in potentially criminal acts do not share this protection. She wrote, "The excuse offered after World War II by enablers of the fascist Nazi regime of 'just following orders' has long been rejected in this country's jurisprudence."

Trump and the RNC announce a $76 million fundraising haul in April

Former President Donald Trump headlines a Republican National Committee spring donor retreat in Palm Beach, Fla., on May 4, 2024. (Donald Trump 2024 campaign)

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