From Law & Crime · · 2m
DOJ Fears Mar-a-Lago Records Lawsuit Will Incentivize More Suits
DOJ warns lawsuit over lost Mar-a-Lago records could spark more lawsuits.
In brief
DOJ warns lawsuit over lost Mar-a-Lago records could spark more lawsuits. DOJ argues a lawsuit seeking 'allegedly-lost' Mar-a-Lago records may 'perversely incentivize' others to sue NARA. Originally reported by Law & Crime.
DOJ Motion to Dismiss
DOJ asked federal judge in Maryland to dismiss LegalEagle's lawsuit seeking 'allegedly-lost' Mar-a-Lago records from FBI's 2022 search.
“this court may not compel”
LegalEagle Lawsuit
LegalEagle, YouTube channel of attorney Devin Stone, and National Security Counselors sued NARA under FOIA for 'legal right' to Mar-a-Lago records.
“legal right”
Trump's Post
President Trump posted in February 2025 that FBI had 'returned' Mar-a-Lago materials to Florida for 'someday be part of the Trump Presidential Library'.
“someday be part of the trump presidential library”
DOJ's Legal Argument
DOJ claims NARA is 'making substantial progress processing public records' and there's 'no basis for any court to disturb usual FOIA processing principles'.
“making substantial progress processing public records”
DOJ's Concern
DOJ fears LegalEagle's 'theory of the case' would 'perversely incentivize overzealous FOIA litigants to sue NARA before it can satisfy a request'.
“perversely incentivize overzealous foia litigants to sue nara”
Plaintiff's Claim
Plaintiffs argue that NARA must refer lost presidential records to DOJ for 'action' under Presidential Records Act (PRA).
“presidential records act pra”
DOJ's Motion Details
DOJ motion states court may not compel NARA to refer alleged loss of presidential records, as such referral is 'committed to agency discretion'.
“committed to agency discretion”
LegalEagle's Response
LegalEagle's attorney Kel McClanahan called DOJ brief 'superficially logical' but said arguments 'disintegrate' upon closer look.
“superficially logical”
DOJ's Critique
DOJ claims plaintiffs' brief 'guts its own demands' for NARA to refer President to DOJ and for DOJ to send NARA records.
“guts its own demands”
DOJ's Core Argument
DOJ argues that compelling referral to DOJ for future records requests is 'a bank-shot legal theory at best' given FOIA litigation has been ongoing for nearly two years.
“a bank-shot legal theory at best”
Presidential Records Act
The PRA imposes no duty to seize presidential records, and whether to refer loss to DOJ is committed to NARA's 'sole and unreviewable discretion'.
“sole and unreviewable discretion”
Plaintiff's Position
Plaintiffs seek NARA to refer lost Mar-a-Lago records to DOJ for 'action' under Presidential Records Act (PRA).
“for action under presidential records act pra”
DOJ's Motion Outcome
DOJ motion to dismiss is pending after federal judge allowed plaintiff to use 'alternative' means to serve subpoena on president.
“alternative means to serve subpoena on president”
LegalEagle's Stance
LegalEagle's attorney claims DOJ brief reflects 'rot at the heart of Trump's DOJ: superficially logical arguments that have never been made before'.
“rot at the heart of trump's doj”
The bottom line
DOJ argues a lawsuit seeking 'allegedly-lost' Mar-a-Lago records may 'perversely incentivize' others to sue NARA.
