Takeaways from the Mar-a-Lago search hearing
Takeaways from the Mar-a-Lago search hearing
Updated on August 19, 2022 18:15 PM by Anna P
US magistrate judge
A US magistrate judge started the process that could lead to the release of some information from the affidavit that the Justice Department used to get a search warrant for the Florida home of former President Donald Trump. During a hearing at the West Palm Beach courthouse, Judge Bruce Reinhart said that he planned to unseal parts of the affidavit, which is what many news outlets and other groups want. His announcement came after the Justice Department, which was against releasing the documents, gave new, if vague, information about the investigation into how the Trump White House handled classified documents.
Also read; Six takeaways from Wyoming and Alaska primaries
A judge explains how parts of an affidavit might be made public.
Reinhart may disclose a heavily redacted version of the Mar-a-Lago search affidavit on Thursday. The judge will hear from the Justice Department by next Thursday on how much of an investigative document they want to keep secret. Reinhart isn't certain the affidavit should be kept secret. Reinhart said that based on the current record, "portions" of the affidavit could be disclosed. Prosecutors will be able to suggest redactions and explain why, Reinhart added. The deadline is August 25, 12:00 ET. Reinhart may have more confidential talks with the Justice Department before deciding on transparency.
Unsealing a document makes it more likely that a criminal investigation will look into Trump.
A document unsealed Thursday offers specifics about the offences the Justice Department is investigating, including "willful retention of national defence material," legal experts tell Media. Previously, search warrants solely included federal statutes, including the Espionage Act. The leaked records show that Trump and others around him face legal jeopardy, including for obstruction of justice. The clause on "willful retention" could point to the former President, who was authorised to keep national defence materials while in office but not at his private club and villa in Palm Beach, Florida. The judge unsealed the document Thursday as part of the warrant application.
Also read; Henrik Stenson Made $4 Million With His First LIV Golf Title
DOJ says that an affidavit explained how evidence of obstruction could be found at Mar-a-Lago.
During the hearing, a lawyer for the Justice Department said that the probable cause affidavit that was used to get a warrant said that prosecutors might find "evidence of obstruction" on the Florida property, which was a possible crime that the search warrant said was being looked into. "In this case, the court has found probable cause that one of the obstruction laws was broken, and that evidence of that would be found at Mar-a-Lago," said Jay Bratt, who is in charge of the counterintelligence section of the Justice Department.
One of the three laws listed on the search warrant for Mar-a-Lago, which was made public last week, was obstruction of justice. During the hearing on Thursday, Reinhart said that he "found probable cause" that the laws had been broken.
Bratt said that obstruction was being looked into to show that the DOJ was worried that future witnesses might not be willing to talk if too much information about the investigation so far got out.
DOJ says that the affidavit is long and full of "substantial grand jury information."
Bratt also talked about other parts of the affidavit, saying that it was long, detailed, and full of "substantial grand jury information." He told the federal judge that letting the public read the affidavit would "give a road map to the investigation" and even show the next steps in the investigation. Bratt's comments in court made it clear that this is an active, ongoing criminal investigation, with a lot of work being done to talk to witnesses and a lot of grand jury work.
Bratt said that it was "another public interest" for criminal investigations to be able to move forward without being slowed down. He agreed that there was a public interest in transparency.
This investigation has had multiple warnings concerning chilling witnesses.
Bratt warned that publicising the affidavit could chill witnesses in this and future investigations. However, some witnesses are already part of the documents inquiry. Some witnesses have precise information that would identify their identities, Bratt added. Bratt also voiced concerns about the FBI's dangers since word of the Mar-a-Lago search leaked, including the recent standoff at a Cincinnati FBI field office and "amateur sleuths" online. He warned the judge that if any further records are produced, the DOJ will redact even agent background information.
Also read; Donald Trump Still A Vibrant Threat To Democracy As He Back To DC
Trump's lawyers didn't oppose disclosing the materials in court.
Trump's attorney was at the court, but she didn't speak or weigh in. Christina Bobb told reporters she was just observing. Trump isn't involved in the warrant paperwork controversy. When the DOJ asked the Court to unseal the warrant and search receipt, the judge told the Department to consult with Trump and tell the court if he objected the publication. Before Thursday's hearing, the judge gave parties until 9 a.m. ET to respond to DOJ documents. Notably, the Trump team did not want to formally get involved in the debate by then, despite Trump and his friends wanting the warrant documents revealed outside of court.
Thursday, Reinhart heard some of Bobb's public comments regarding the search. Charles Tobin, arguing for the affidavit's publication for media sites including CNN, noted that Bobb had already disclosed information about an FBI subpoena of Mar-a-Lago surveillance film and that DOJ officials visited Mar-a-Lago in June.
Also read; 'I live in a country I didn't know existed,' Spurs' Gregg Popovich says at social justice summit