Judge orders Trump to give details about Mar-a-Lago warrant lawsuit

An aerial view of former U.S. President Donald Trump's Mar-a-Lago home after Trump said that FBI agents raided it, in Palm Beach, Florida, U.S. August 15, 2022. Marco Bello | Reuters

A federal judge appointed by former President Donald Trump ordered him Tuesday to answer several key questions about his new lawsuit related to the FBI raid on his Florida home, including why her court should be the one hearing the case and to more precisely explain what he wants her to do. Judge Aileen Cannon also ordered Trump to tell her how his suit affects another pending case involving the same search warrant before a federal magistrate judge in the same court, and whether the Department of Justice has been served with his lawsuit yet. Cannon also wants to know if Trump is seeking any injunctions related to material seized in the raid until the lawsuit is resolved. Cannon's order came a day after Trump filed suit in U.S. District Court for the Southern District of Florida, asking her to appoint a so-called special master to review documents seized Aug. 8 in the FBI raid on his Mar-a-Lago resort residence in Palm Beach.

The judge, whom Trump appointed to that court in 2020, gave him and his lawyers until Friday to answer her questions. Trump wants to block the DOJ from examining the seized documents until a special master looks at them. The step is typically taken when there is a chance that some evidence should be withheld from prosecutors because of various legal privileges. The DOJ is conducting a criminal investigation related to the documents being removed from the White House when Trump left office in January 2021. By law, presidential records are required to be turned over to the National Archives. A warrant authorizing the FBI's search-and-seizure operation at Mar-a-Lago shows that the DOJ is probing potential violations of laws related to espionage and obstruction of justice. Multiple sets of documents marked top secret were seized in the raid. Trump claims the raid was illegal and motivated by a desire to harm his chances of regaining the White House if he decides to run again.

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Cannon in her order Tuesday wrote: "The Court is in receipt of Plaintiff's Motion for Judicial Oversight and Additional Relief." "To facilitate appropriate resolution, on or before August 26, 2022, Plaintiff shall file a supplement to the Motion further elaborating on the following: (1) the asserted basis for the exercise of this Court's jurisdiction, whether legal, equitable/anomalous, or both; (2) the framework applicable to the exercise of such jurisdiction;" Cannon wrote. The judge also told Trump's team to detail "the precise relief sought, including any request for injunctive relief pending resolution of the Motion; (4) the effect, if any, of the proceeding before Magistrate Judge Bruce E. Reinhart; and (5) the status of Plaintiff's efforts to perfect service on Defendant." Reinhart signed the warrant authorizing the raid. He is considering requests by media outlets to unseal an affidavit that the DOJ filed, which laid out the need for the search and events leading up to it. Earlier Tuesday, the National Archives posted online a letter that said classified material was found in boxes that Trump turned over to that agency in January.

The material, which spans 700 pages, includes ones related to top secret, sensitive compartmented information and special access programs, the National Archives letter said.

Source https://www.globalcourant.com/judge-orders-trump-to-give-details-about-mar-a-lago-warrant-lawsuit/?feed_id=14894&_unique_id=6305516cb866f

Affidavit used in search of Trump's Mar-a-Lago to be partially unsealed, judge says

A federal judge said that parts of the affidavit used to obtain a search warrant for former President Donald Trump's resort home Mar-a-Lago can be unsealed, NBC News reported Thursday.

The decision from U.S. Magistrate Judge Bruce Reinhart came after the Department of Justice asked him not to unseal the highly sensitive document, which details the government's view that it had probable cause to believe the search of Mar-a-Lago would turn up evidence of illegality.

The government's investigation into the records seized from Trump's Palm Beach, Florida, residence is still in its "early stages," argued Jay Bratt, head of a DOJ counterintelligence team, NBC reported.

The affidavit contains "substantial grand jury" information in a case with "national security overtones," Bratt reportedly said in the hearing.

Reinhart disagreed, saying he believed "there are portions of it that can be unsealed."

An aerial view of former U.S. President Donald Trump's Mar-a-Lago home after Trump said that FBI agents raided it, in Palm Beach, Florida, U.S. August 15, 2022.

Marco Bello | Reuters

In a written order later Thursday, Reinhart wrote, "As I ruled from the bench at the conclusion of the hearing, I find that on the present record the Government has not met its burden of showing that the entire affidavit should remain sealed."

The judge gave the government a week to file proposed redactions to the affidavit.

The prosecutors had previously urged the court to reject calls from media outlets and other entities to disclose the affidavit, which supported the search warrant used by FBI agents in the Aug. 8 raid on Mar-a-Lago.

Trump has publicly called for the affidavit to be released without redactions, though his lawyers have not yet filed a motion asking the judge to do so.

The former president "has made his view clear that the American people should be permitted to see the unredacted affidavit related to the raid and break-in of his home," his spokesman Taylor Budowich said on Twitter after the hearing. His tweets praised Reinhart for rejecting "the DOJ's cynical attempt to hide the whole affidavit from Americans," but insisted that "no redactions should be necessary."

The search warrant itself had been publicly released with the DOJ's approval last week. That document and attachments indicated that the agents were looking for materials related to three criminal statutes, one of which was part of the Espionage Act.

Attorney General Merrick Garland, who said he personally approved the warrant, supported its disclosure in light of the "substantial public interest in this matter."

But the affidavit "presents a very different set of considerations," federal prosecutors wrote in a court filing Monday.

The still-sealed document contains "critically important and detailed investigative facts" about witnesses and other "highly sensitive information" related to the ongoing criminal probe, which "implicates national security," the prosecutors wrote.

If disclosed, the affidavit would be "highly likely to compromise future investigative steps," said the filing, which was signed by Bratt, the head of the Counterintelligence and Export Control Section of the DOJ's National Security Division.

The current criminal investigation stems from a probe of government records that were transferred to Mar-a-Lago instead of the National Archives after Trump left office in 2021.

FBI agents sought all records and other evidence "illegally possessed" in violation of three criminal statutes, according to the search warrant and property receipt released last week. The agents seized 20 boxes of items and other materials, including multiple sets of documents marked top secret and classified, the property receipt showed.

None of the three statutes — Title 18 of the United States Code, Sections 793, 1519 and 2071 — hinge on whether the documents in question were classified.

Source https://www.globalcourant.com/affidavit-used-in-search-of-trumps-mar-a-lago-to-be-partially-unsealed-judge-says/?feed_id=12778&_unique_id=62fed845b483d