Are you saying that they didn’t formally request the return of all government documents multiple times? He could have taken his case to court after the first request on May 6th, 2021. The National Archives didn’t refer the matter to the DOJ until February, 2022 and the FBI didn’t open the investigation until the following month. At no time during the timeframe between the first request and when the raid was finally conducted in August, 2022 did Trump attempt to make the legal case that you outlined.
Timeline below.
On or about May 6, 2021: Realizing that some documents from Trump’s presidency may be missing, the National Archives asks that he turn over any presidential records he may have kept upon leaving the White House. The agency makes subsequent, repeated demands.
June 2021: The National Archives warns Trump through his representatives that it will refer the matter to the Justice Department if he does not comply.
June 24, 2021: Boxes are moved to the storage room. More than 80 boxes are kept there.
November 2021: Trump directs his executive assistant and “body man” Walt Nauta and another employee to start moving boxes from a storage room to his residence for him to review. Nauta is charged in the indictment as Trump’s co-conspirator.
Dec. 7, 2021: Nauta finds that several of Trump’s boxes have fallen, spilling papers onto the storage room floor, the indictment says. Among them is a document with a “SECRET” intelligence marking. According to the indictment, Nauta texts another Trump employee, “I opened the door and found this,” to which the other employee replies, “Oh no oh no.”
Late December 2021: The National Archives continues to demand that Trump turn over missing records from his presidency. In late December 2021, a Trump representative tells the agency that 12 boxes of records have been found and are ready to be retrieved.
January 17, 2022: Trump turns over 15 boxes to the National Archives. According to the indictment, Nauta and another Trump employee load them into Nauta’s car and take them to a commercial truck for delivery to the agency.
The boxes are found to contain
197 documents with classified markings, including 69 marked confidential, 98 secret and 30 top secret. Some documents have markings suggesting they include information from highly sensitive human sources or the collection of electronic “signals” authorized by a court under the Foreign Intelligence Surveillance Act.
Feb. 9, 2022: The National Archives refers the matter to the Justice Department after a preliminary review finds the boxes contain numerous classified documents. The special agent in charge of the agency’s Office of the Inspector General writes, “Of most significant concern was that highly classified records were unfoldered, intermixed with other records” and otherwise improperly identified.
Feb. 10, 2022: Trump’s Save America PAC releases a statement insisting the return of the documents had been “routine” and “no big deal.” Trump insists the “papers were given easily and without conflict and on a very friendly basis,” and adds, “It was a great honor to work with” the National Archives “to help formally preserve the Trump Legacy.”
Feb. 18, 2022: In a letter to a congressional oversight committee, the National Archives reveals the boxes contained classified information and confirms the Justice Department referral. Trump’s Save America PAC releases another statement insisting, “The National Archives did not ‘find’ anything,” but “were given, upon request, Presidential Records in an ordinary and routine process to ensure the preservation of my legacy and in accordance with the Presidential Records Act.”
March 30, 2022: The FBI opens its investigation.
April 12, 2022: The National Archives informs Trump that, at the Justice Department’s request, it intends to provide the FBI with the 15 boxes he turned over on Jan. 17, 2022. Trump’s representative asks for an extension until April 29.
April 26, 2022: The grand jury investigation begins.
April 29, 2022: The Justice Department asks Trump’s lawyers for immediate access to the 15 boxes, citing national security interests and the need for “an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported.” Trump’s lawyers again ask for an extension, saying they need to review the material to “ascertain whether any specific document is subject to privilege.”
May 10, 2022: The National Archives informs Trump’s lawyers that it will provide the FBI access to the boxes as soon as May 12.
May 11, 2022: A grand jury issues a subpoena to Trump and his office requiring that they turn over all classified materials in their possession.
May 23, 2022: Trump’s lawyers advise him to comply with the subpoena, but Trump balks, telling them, “I don’t want anybody looking through my boxes.” Prosecutors, citing notes from one of the lawyers, say Trump wondered aloud about dodging the subpoena, asking his counsel, “Wouldn’t it be better if we just told them we don’t have anything here?” and ”isn’t it better if there are no documents?”
June 2, 2022: One of Trump’s lawyers returns to Mar-a-Lago to search boxes in the storage room and finds 38 additional classified documents — five documents marked confidential, 16 marked secret and 17 marked top secret. After the search, prosecutors say, Trump asks: “Did you find anything? ... Is it bad? Good?” and makes a plucking motion that the lawyer takes to mean that he should take out anything “really bad” before turning over the papers.
Prior to the search, prosecutors say, Trump had Nauta move 64 boxes from the storage room to his residence. Of those, 30 were moved back to the storage room, leaving 34 boxes in Trump’s residence and out of the lawyer’s sight.
June 3, 2022: FBI agents and a Justice Department lawyer visit Mar-a-Lago to collect the 38 classified documents from Trump’s lawyer. They are in a single accordion folder, double-wrapped in tape. While there, investigators are allowed to go to the storage room, but are “explicitly prohibited” from looking inside boxes, “giving no opportunity” for them “to confirm that no documents with classification markings remained,” according to a court filing.
Trump tells investigations he’s “an open book,” according to the indictment. Another Trump lawyer, acting as his custodian of records, provides investigators a sworn certification that prosecutors say falsely claimed they had conducted a “diligent search” of boxes moved from the White House and “any and all responsive documents” were turned over.
Earlier in the day, prosecutors say, some boxes were loaded onto a plane so Trump could take them to Bedminster for the summer.
June 8, 2022: The Justice Department sends Trump’s lawyer a letter asking that the storage room be secured, and that “all of the boxes that were moved from the White House to Mar-a-Lago (along with any other items in that room) be preserved in that room in their current condition until farther notice.”
July 2022: The grand jury is shown surveillance video of boxes being moved at Mar-a-Lago.
Aug. 5, 2022: The Justice Department applies for a warrant to search Mar-a-Lago, citing “probable cause” that additional presidential records and classified documents were being stored there. U.S. Magistrate Judge Bruce Reinhart approves the application the same day.
Aug. 8 2022: The FBI searches
searches Mar-a-Lago, seizing 102 classified documents — 75 in the storage room and 27 in Trump’s office, including three found in office desks.
The Justice Department says in a subsequent court filing that the results call “into serious question” earlier representations by Trump’s legal team that they had conducted a “diligent search” and that no classified documents remained.
