Trump Trial: Prosecution Struggles with ‘Willfulness’

Having attended the Trump trial in Manhattan for the past few days, former President Trump’s baseless claim that President Biden authorized the use of lethal force during the FBI’s execution of a court-authorized search warrant at Trump’s Mar-a-Lago estate comes as no surprise. This claim is nothing more than political rhetoric for conspiracy theorists.

A search warrant is not a casual undertaking. Most are executed without incident, while some may involve resistance. All search warrants are based on probable-cause findings that incriminating evidence will be found on the premises, which are often associated with individuals suspected of crimes. While not all crimes are violent, many involve situations where law enforcement believes that if evidence is not seized promptly, it could be destroyed or tampered with. In cases involving nonviolent crimes and cooperative individuals, the government typically uses less intrusive methods to obtain evidence.

All search warrants carry the potential for forced entry and property seizures, exposing law enforcement personnel to both legal and safety risks. Typically, officers clearly identify themselves during the process of seeking or forcing entry. However, in tragic circumstances, occupants mistakenly perceive violent criminals attempting to enter, leading to physical confrontations and, in some cases, exchanges of gunfire. It would have been highly unusual if the Mar-a-Lago search had been conducted without an operational plan that included use-of-force protocols.

The FBI always develops an operational plan for executing court-authorized searches, which includes reminding search teams of the agency’s use-of-force policies. These policies emphasize the conditions under which lethal force may be employed. Such preparations are essential for law enforcement to handle potential contingencies and to safeguard the agency and its agents against potential legal challenges in the future.

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