# DOJ Fears Mar-a-Lago Records Lawsuit Will Incentivize More Suits

> DOJ warns lawsuit over lost Mar-a-Lago records could spark more lawsuits.
- Title: DOJ Fears Mar-a-Lago Records Lawsuit Will Incentivize More…
- Summary: 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…
- Keywords: doj, mar-a-lago, presidential records act, foia, legal eagle, national archives, nara, trump administration, fbi, presidential library, Law & Crime
- Source: Law & Crime — https://lawandcrime.com/high-profile/this-court-may-not-compel-doj-fears-case-seeking-recovery-of-allegedly-lost-mar-a-lago-records-will-perversely-incentivize-lawsuits
- Read time: 2 min
- Topics: doj, mar-a-lago, presidential records act, foia, legal eagle, national archives, nara, trump administration, fbi, presidential library, crime, news
## 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
## Key takeaway

DOJ argues a lawsuit seeking 'allegedly-lost' Mar-a-Lago records may 'perversely incentivize' others to sue NARA.