In May 2022, the Biden administration provided the FBI with government-issued cellphones that were once in the possession of then-former President Donald Trump and former Vice President Mike Pence. According to reports from Fox News Digital, these devices were turned over as part of an investigation into the aftermath of the 2020 election—a probe that ultimately came to be associated with allegations of “gotcha” tactics aimed at linking Trump to the investigation without a firm evidentiary basis.
A. The Nature of the Devices and the Investigation
The phones in question were government-issued and were reported to have been in the possession of individuals at the White House. In an unusual procedural move, the FBI did not initially secure a warrant before seizing the devices. Instead, agents took physical possession of the phones and then began drafting a search warrant to examine their data. This two-step process raised questions among observers and insiders regarding the legality and motivations behind the action.
B. The Role of the Biden White House Counsel
According to sources familiar with the investigation, the Office of White House Counsel under Dana Remus and Jonathan Su played an active role in facilitating the FBI’s request. Insiders claimed that the Biden White House “played right along” with what has been described as a “gotcha” scheme against Trump. Specifically, the legal team provided its blessing and logistical support for the FBI to obtain the cellphones in early May 2022. Within weeks, the FBI had moved to obtain the necessary search warrant to process the data on the seized devices.
