Judge orders DOJ to redact Mar-a-Lago search warrant affidavit for possible release: live updates
consortium of media companies pushed for the document’s public release.
Justice has opposed the affidavit’s release, arguing that it would provide a “roadmap,” to the ongoing investigation, putting the inquiry and witnesses in possible jeopardy.
Trump revs up fundraising pitches after FBI’s Mar-a-Lago search
The Justice Department could appeal any decision to release the affidavit, even in partial form. But the judge’s decision Thursday also applies new pressure on the Justice Department to make a public case for the search in the face of mounting calls for transparency in an investigation that has ensnared a former president and raised serious questions about possible breaches of national security.
Lawmakers have also sought more information about the search. Democrats leading two House committees have asked for a briefing about national security risks from the documents. And Republicans have questioned what justified searching a former president’s home.
Former Sen. Lieberman:Presidential records belong to the American people, not former presidents
Trump spokesman responds
Trump spokesman Taylor Budowich also renewed the former president’s calls for the document’s release, saying the judge had “rejected the DOJ’s cynical attempt to hide the whole affidavit from Americans.”
Short of unsealing the affidavit, Reinhart on Thursday did make public other supporting documents including the government motion to seal the warrant.
“The United States submits that there is good cause (to seal the warrant), because the integrity of the ongoing investigation might be compromised, and evidence might be destroyed,” Justice lawyers argued in a Aug. 5 filing.
– Kevin Johnson
Top Trump administration officials said there was no order to declassify documents: report
Former President Donald Trump and his allies have claimed Trump had a “standing order” to declassify documents he took from the Oval Office, but 18 former top Trump officials said there was no such order, CNN reported.
Former Chief of Staff John Kelly and his successor Mick Mulvaney, as well as former national security and intelligence officials, White House lawyers and Justice Department officials all said that Trump never gave an order to declassify documents.
“Nothing approaching an order that foolish was ever given,” Kelly told CNN.
– Katherine Swartz
Opinion:Attorney General Garland’s stature shrinks as he doggedly pursues Trump
Here are the latest developments over the Trump search:
Judge: Some portions of Mar-a-Lago search affidavit could be unsealed
A federal judge magistrate said Thursday he is not prepared to find that the affidavit into the search of former President Donald Trump’s Mar-a-Lago home should be fully sealed.
There are portions of it that at least presumptively could be unsealed, U.S. Magistrate Judge Bruce Reinhart said at a hearing in West Palm Beach. Whether those unsealed portions will be relevant to the media will be for someone else to decide, he said.
“I’m going to move forward in that way,” Reinhart told attorneys for the U.S. Department of Justice and various media agencies, including The Palm Beach Post.
At noon Aug. 25, the federal government will file proposed redactions to the warrant for the Aug. 8 search at Mar-a-Lago.
The judge said if he agrees the federal government has met its burden, he will issue an order “accordingly.” If the judge finds the government has not met its burden, he and federal attorneys will discuss the issue.
If there’s disagreement then between the government and the court, “obviously I win,” Reinhart said.
“This is going to be a considerate, careful process,” he told attorneys at the close of the proceeding.
– Hannah Phillips and Stephany Matat, Palm Beach Post
Jan. 6 grand jury subpoenaed White House documents: report
Federal prosecutors investigating the Jan. 6, 2021, Capitol attack issued a grand jury subpoena to the National Archives in May for all the documents the agency gave to the separate House committee inquiry, the New York Times reported.
The subpoena, which was obtained by the New York Times and has not been reviewed by USA TODAY, reportedly demanded “all materials, in whatever form” the archives gave the Jan. 6 committee investigating the Capitol attack, including records from Trump’s top aides, his daily schedule and phone logs, and a draft text of the former president’s speech preceding the riot.
Thomas P. Windom, the federal prosecutor leading the Justice Department’s inquiry, signed the subpoena, the New York Times reported. It’s unrelated to the Justice Department’s investigation into Trump’s handling of classified documents taken from the White House that led to a search of his Mar-a-Lago estate, according to the Times.
– Ella Lee
New Trump Mar-a-Lago details emerge: What we know (and don’t) about these classified docs
Georgia case:Giuliani appeared for 6 hours before Georgia grand jury; Trump attorney is target in inquiry
Attorney General Garland’s stature shrinks as he doggedly pursues Trump
Former Sen. Lieberman:Presidential records belong to the American people, not former presidents
The filing came after Reinhart unsealed the search warrant Aug. 12. The search on Aug. 8 recovered 11 sets of classified documents. The FBI obtained the warrant with probable cause of finding evidence of potential violations for handling defense documents, obstruction of justice and the Espionage Act.