Judge says FBI's evidence for searching Mar-a-Lago is 'reliable' - POLITICO
S E E D E D C O N T E N T
Legal
Judge says FBI's evidence for searching Mar-a-Lago is 'reliable'
The new order underlines the historic significance of a typically secret part of the criminal investigative process.
Documents related to the search warrant for former President Donald Trump's Mar-a-Lago estate in Palm Beach, Fla., are photographed Thursday, Aug. 18, 2022. | Jon Elswick/AP Photo
The federal magistrate judge who authorized the warrant to search Donald Trump's Mar-a-Lago estate emphasized Monday that he "carefully reviewed" the FBI's sworn evidence before signing off and considers the facts contained in an accompanying affidavit to be "reliable."
Magistrate Judge Bruce Reinhart offered his assessment in a 13-page order memorializing his decision to consider whether to unseal portions of the affidavit, which describe the evidence the bureau relied on to justify the search of the former president's home.
"I was — and am — satisfied that the facts sworn by the affiant are reliable," Reinhart said in the order.
Reinhart ruled last week that he would consider unsealing portions of the affidavit after conferring with the Justice Department and determining whether proposed redactions would be sufficient to protect the ongoing criminal investigation connected to the search. But in his order, Reinhart emphasized that he may ultimately agree with prosecutors that any redactions would be so extensive that they would render the document useless.
"I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion after hearing further from the Government," Reinhart wrote.
The new order underlines the historic significance of a typically secret part of the criminal investigative process, arriving just as Trump has indicated he's preparing to mount his own attack on the FBI investigation in court. The Justice Department is due to propose potential redactions by Thursday, portending a potentially lengthy process of negotiation with Reinhart and possible appeals.
In his order, Reinhart noted that "neither Former President Trump nor anyone else purporting to be the owner of the Premises has filed a pleading taking a position" on efforts to unseal the affidavit.
Reinhart also rejected the contention that unsealing aspects of the affidavit would set a dangerous precedent, given the singular, historic significance of this case.
"Given the intense public and historical interest in an unprecedented search of a former President's residence, the Government has not yet shown that these administrative concerns are sufficient to justify sealing," Reinhart ruled.
Reinhart's order echoed his decision to shoot down an effort by media organizations and conservative advocacy group Judicial Watch to unseal the entire FBI affidavit. Reinhart acknowledged that some reporting had already indicated the significance of what may have been recovered from Mar-a-Lago — some news reports described nuclear-related information and other documents related to highly classified government programs. But he said those anonymously sourced reports, whether true or not, reveal nothing about the sources and methods the government used to obtain its evidence.
"Disclosure of these facts would detrimentally affect this investigation and future investigations," Reinhart wrote, adding, "The Government has a compelling reason not to publicize that information at this time."
Reinhart also echoed the government's concern about threats to those involved in the investigation if identifying information were released via court documents. He cited news reports about threats to the FBI and the recent attack by an armed man against an FBI building in Cincinnati, though he didn't mention that he himself has reportedly faced threats.
"Given the public notoriety and controversy about this search, it is likely that even witnesses who are not expressly named in the Affidavit would be quickly and broadly identified over social media and other communication channels, which could lead to them being harassed and intimidated," Reinhart noted.
Another reason to keep the affidavit sealed? Trump and his family's personal protection by the Secret Service. Reinhart noted that the document describes the physical characteristics of Mar-a-Lago.
"Disclosure of those details could affect the Secret Service's ability to carry out its protective function," he wrote. "This factor weighs in favor of sealing."
POLITICO
Tags
Who is online
77 visitors
Merrick Garland plays chess. Trump only has pawns!
What if it's reliable....and exculpatory?
What if pigs could fly?
There would be a whole lot of airborne liberal women around. Most liberal men too
Closing in on three weeks and.....nothing.
https://townhall.com/tipsheet/mattvespa/2022/08/25/former-rolling-stone-editor-has-the-perfect-analogy-for-the-fbis-sacking-of-mar-n2612180?utm_campaign=rightrailsticky1
"the sacking of Mara Lago"?
A bit over the top isn't it?
A dog whistle for some and a message to ignore for others?
There was an idiot judge that thought things in the Steele file fantasy was reliable also. The magistrate that allowed the warrant this time having a terminal case of TDS didn't hurt the FBI either
Judging from the results of the search the information WAS reliable.
And you know the results of the search how?
The warrant says what they would be looking for. The receipt says what they found. Very close match.
And you know that how. No documents have been released yet. The FBI also would not allow Trump's lawyers in the property to observe the search so anything could be planted without anyone being the wiser
Did you read the NARA letter to Trump dated May 10 that John Solomon published on his website? It describes the contents of the 15 boxes picked up in December which had 100 TS docs and describes how many more missing documents needed to be located.
What John Solomon thinks is thuggery by the US Government and Biden makes Trump's team of Solomon, Patel, Bobb et. al., look like Keystone Kops with law degrees from WalMart.
Patently false. Haberman and Bobb were on the property and briefed the press.
Bobb signed the warrants and the receipts.
The FBI never lets homeowners/tenants or their attorneys follow them around on a warrant search. Depending on the search there may be video in addition to standard photography.
The implication that the FBI would plant documents is childish partisan nonsense.
This mess is entirely by Trump's own hand and the fools he employs.
After seeing how the FBI handled Clinton and gave her a pass at every turn it would not surprise me at all to find that they planted evidence.
I would expect for Director Wray or AG Garland to hold briefs that exonerate Trump like Comey did Clinton.
They exonerated Clinton because of technicalities about emails and headers
and lack of intent,
Trump has deliberately withheld at least 300 TS docs for 18 months with the knowledge
of and against the advice of all of his advisers and attorneys.
Your expectations are possible but not very likely.
Comey listed the crimes she was guilty of many if notost of them did not have intent to commit the violation as a part of the criminal act. What he did say that he could not find a prosecutor "sane" enough to taken on the case. Given the record of what happened to many of those that threatened in one way or the other (in a few cases there was even some collateral casualties) I can believe that. Just ask Seth Ryan, Vince Foster it Jeffery Epstein about the consequences of incurring the wrath of the Clintons.
And Trump's intent was?
And Clinton wiped out (according to her with a rag) thousands of documents off her server and destroyed her staffs cell phones with a hammer. We will never know how many classified documents she had in the emails and documents she destroyed but was, by law supposed to return to the government.
Of course not. Neither Wray nor Garland want to end up like Seth Ryan, Vince Foster, Jeffrey Epstein or some 50 others that crossed the Clintons.
Ok, and as a person who uses his cell phone for participation here, is it easy?
Have you ever used your phone to read email? The TS headers were not evident when
Clinton was asked to jump into an email thread. Out of 55,000 emails, the FBI found
113 email threads that should have been identified as or known to be TS
and 4 or 5 that were retroactively made Confidential or TS.
Furthermore Comey also stated that there were
numerous times when Clinton of her staff asked to stop the email and switch to the
the State department blackberry or SD email. They generally followed the rules.
And there you go and ruined a perfectly civil conversation with more inane conspiracies.
Probably leverage.
Where do you get this slanted drivel, "Just the News"? Do you realize that Governor Mitt Romney and many others have done the same things?
I am inclined to agree but there are the State Department servers, the source of and
recipient of all of her official emails.
True we will never quite know how many recipes and wedding and personal BS she had a lawyer delete from her server.
Sorry you actually believe all of that.
Yet we're accused on a daily basis of having TDS.
Looks like some are severely afflicted with CDS and HBDS.
Why should I? The warrant was issued three months after that date
And Trump's intent was what?
The NARA has been trying to get back catalogued missing docs since May of 2021.
The FPOTUS has been stringing this out for well over a year.
The warrant was a year after this all started.
You may have to ask him yourself but intent doesn't appear to be a factor any longer.
He is now skirting more obstruction charges and the Espionage Act via the
National Security Act that he himself signed into law.
The only reason to seal the affidavit is to protect the DOJ and sustain a perpetual investigation. The FBI has been investigating Trump since 2016. Incompetent lawyers have made a career of investigating Trump. At this point the DOJ should have more records on investigating Trump than the amount of material seized at Mar-a-Lago.
The DOJ already knew Trump had records stored at Mar-a-Lago. Some material had already been returned. And, apparently, there was a review of security for the material that Trump retained. The claim that Trump had documents is an unsurprising revelation since DOJ already knew that fact. That secret ain't a secret. The FBI knew they would find documents and records before they set foot on Mar-a-Lago.
The only way out of this mess is to indict Trump. Endless investigations only serve political motivations. All the evidence revealed to the public only proves that DOJ has been playing politics.
That is untrue. Confidential sources are providing testimony to the grand jury. They would be put at personal risk if identified, or be tampered with...
What specifically is untrue?
And somehow you know that names are listed in the affidavit??
Well, if there is an indictment and trial those witnesses cannot remain confidential. Seems like a speedy trial would take the heat off those confidential sources, too. In fact, prolonging the investigation creates higher risk for those confidential sources.
It's not Trump that is placing those confidential sources in danger. The refusal to indict creates uncertainty and danger for those confidential sources. DOJ is using those confidential sources as bait.
Even more incompetent lawyers have destroyed their careers by defending Trump.
You mean they've been given the Avenatti treatment?
The FBI is already on record of lying to judges to get warrants in their "investigations" into Trump. Couple that with the fact they have been "investigating" him since 2016 and don't anything outside of wasted taxpayer money and resources I can see why they would want to seal the affidavit. Something doesn't meet minimum requirements and they fed the judges a steaming pile of shit - again.
An indictment would make all the secrecy moot. A trial would publicly reveal all the sources, witnesses, and evidence.
What causes heartburn is that in a trial Trump must be presumed innocent. The burden falls onto the prosecutors to show sufficient guilt to convince a jury. DOJ would have to do its job in court. And there's certainly no guarantee that DOJ would get away with business-as-usual plea deals, even if Trump accepted a plea deal.
Perpetual investigation only serves a political end. If there isn't an indictment, then Garland has completely politicized DOJ and the FBI. And a politicized DOJ/FBI can't be allowed to remain independent.
Which begs to question - why seal the affidavit? The DOJ must already know it will all come out. But then again, it is the DOJ, nobody claimed they were smart.
That's something that hasn't been presumed from the start. Seems people forget that LEGAL presumption and ran with their fallacies.
Sadly this pre-dates Garland. They haven't been independent for quite a while and their objectivity has been ruined by their own actions.
If you are referring to Boente, Sessions, Whittaker, Barr and Rosen you might be surprised by who agrees with you.
For what? What crime has he committed. He has already been tried and acquitted by the Senate.
Just so you, just being Donald J Trump is not a criminal offense neither is not being liked by the Democrat party.
Violating the law, then lying while continuing to violate the same law.
He was (possibly still is) in physical violation of the PRA by at least 300 documents he
refused to release since requested in May of 2021. He ordered John Solomon and Kash
Patel not to release them, even though that was there very task. They are at risk.
When he finally relinquished 15 boxes this January, his
"lawyers", on his behalf signed sworn statements that neither they or
Trump had any more confidential records or records which belonged to the NARA.
He/they lied.
Keep in mind that Trump, because of his hatred for HRC signed a more severe law
in 2018 greatly increasing the fines and upping the jail time to 5 years for any regular
citizen possessing any confidential documents outside of government control.
Trump and just about everyone who works at Maralago is at great risk.
Not for anything that happened after those "trials".
Private citizen Trump broke existing NARA regulations and the very law he signed in
2018.
Law Trump Signed in 2018 May Punish Him Over Classified Info (businessinsider.com)
Ah! You mean like Clinton did!
As did Hillary!
Oh and as president he did have the authority to declassify those documents. Hillary didnot
But he did not, based on the evidence thus far (lack thereof), declassify the documents. So since he did not apparently act it makes no difference.
What is the point to defending Trump no matter what? There comes a time (and we have long past this point) when supporters need to realize that their continued defense of the indefensible does nothing but make them look foolish.
Thus far, it looks like Trump did indeed have (still) classified documents (some were TS/SCI) and that he had NOT been cooperating in their return.
The only defense is to show that these documents where declassified or that Trump was cooperating.
And still he would be in violation of the PRA.
Yet many of you defend the Clintons, both of them. The sex pervert Bill in and the in wicked witch of Chapaqua although she is sometimes more resembles Kujo.
Don't include me in that. Don't presume that criticism of Trump translates into defense or praise of others.
Further, there is no comparison between the acts of Trump, especially his Big Lie con-job, and any other PotUS — and that includes Nixon. Trump has defined a new level of low wherein he is the only current resident.
To not see this is both amazing and sad.
Of course not I can recite every time you criticized the Clintons. There was the time that... No. The there was. . missed that one too. Ok I give up. I can't remember any time you criticized the clintons
Obviously from your whataboutisms, the Clinton's are living rent free in your head.
Clinton the perv? What do you call the bragging pussy grabber who paid off Stormy
Daniels? President?/s
No worries, I can remember many times he was critical of Clinton, Bush and Obama.
TiG doesn't suffer from partisan hero worship.
BS, those records belong to all of by law. He had no authority to just take what he wanted.
She had the authority to classify and declassify State Department docs.
So did the data on Hillary's server including those that she wiped off the machine you know when she used a rag
OOPS! I am sorry I forgot that only liberals can use whataboutisms. My bad!
Says the guy that has been bitching about Trump since at least 2016.
The only way out of this mess is to indict Trump for crimes against the state. It doesn't matter what crimes; the important thing now is an indictment. The world is watching. Biden has already taken a serious hit over mishandling foreign affairs. And now Garland has explicitly stated (and Biden has confirmed) that Biden is not in charge of the government.
The warrant suggests that DOJ and FBI were on a fishing expedition. The release of the redacted affidavit clearly explains that the National Archives informed DOJ/FBI of crimes over a year ago. The FBI knew what would be found before they set foot on Mar-a-Lago. And Biden was completely out of the loop for that year. So, who's in charge?
The overt strategy adopted by a biased and friendly press has been to focus attention on the documents. And possession of secret documents is a crime against the state. (Notice that no one is explaining why Trump would need documents to disclose state secrets?) The press is trying the hide that DOJ/FBI knew about the situation for over a year, Biden was kept out of the loop, that Garland made a unilateral decision justified by the independence of DOJ/FBI. Garland has created a backdoor Constitutional crisis; albeit a minor crisis involving technocratic authority over government. Biden's responsibility is to perform oversight over that technocratic authority and Biden has been deliberately kept out of the loop. Who's in charge? The President or appointed and all too independent technocrats?
Garland has revealed, in a backhanded manner, that the deep state conspiracy theories are in fact reality. And Biden is not in charge of that deep state. Independent technocrats make unilateral decisions without oversight by political government. The only way to sweep that revelation under the rug is to indict Trump. The expected and predictable media circus will shift attention away from the revealed fact that Biden is not in charge. That might create enough smoke to avoid the obvious political implications. But the world is watching. Europe is watching. China is watching. Russia is watching. Who's in charge of the US government?
So, the political expediency of pandering Democrats running against Trump has highlighted why MAGA and Trump are relevant. Yes, Virginia, there is a deep state. The deep state exists as surely as technocratic power grabs, political dirty tricks, and a biased press exists.
Can you cite every time I criticized Bush, Powell, Cheney (Dick), Rice, McConnell, Thune, Blunt, McCarthy, Scalise, Pence, Pompeo, Kavanaugh, Roberts, Thomas, Gorsuch, Alito, Barrett, ...?
No? Then try to apply logic and realize that the absence of criticism on any particular person is a crappy way to presume partisanship. And note, I have indeed been critical of Hillary ... along the lines of being a horrible candidate who was 'next in line' and who enabled Trump to win the presidency.
My criticism of Trump has nothing to do with his party and everything to do with what he, individually, has done. If he were a D I would be just as critical of him.
I am aware that partisans typically cannot even conceive of individuals whose opinions are not guided by a particular party, but we exist. Attempt to comprehend that.
Good luck with that...Haha
You say is that because you know I do think you are worth going to that much work ..
Who did you vote for in 2016 and 2020?
As an individual Trump has a shitty personality but I did not vote for his personality. I voted for him because I liked his policies. I liked that he was in the process of closing the southern border and was keeping illegal alien invaders out. I liked that he was deporting those that were here illegally and had their day on court yet refused to leave on their own. I liked that he made the US energy independent and a net exporter of energy. I liked that he kept inflation down I like that he moved the Israeli embassy to Jerusalem where it belongs. I like that he stopped giving ais to the Palestinians. I like the three excellent Supreme Court Justices he nominated. I like that he got the COVID VACCINE approved at warp speed. I liked that he got NATO members to start contributing their fair and treaty agreed to payments. I liked that he did not abandon Americans and allies and legal US residents in Afghanistan.
Tell me what has Biden done except male life more difficult for Americans.
??
No it does not, you say so yourself in the same paragraph.
Correct. They gave the FPOTUS exactly one year to comply after the first four months of no cooperation.
Exactly, it was a collection of an NARA inventory, not a fishing expedition.
Biden; American Rescue Plan, Major infrastructure repair bill stalled under the last two administrations, Pact Act for burn pit veterans finally after 30 years of VA denials, Chips &Science Act, Inflation Reduction Act.
Utter nonsense, this has been in the news cycle for 15 months
Are you missing Trump that badly? Trump micromanaged everyone or fired them if they did not quit. Trump made appointing inept lackies as "Acting Cabinet Members" or "Acting Department Heads" to avoid Congressional oversight (checks and balances) a normal D.C. occurrence. Biden is being conservative, returning to old cherished protocols.
Biden, the guy who was elected by a 7 million margin and a solid EC victory.
All this dust up is doing is keeping Trump in the news as an eternal victim and raising even more sympathy money for him. PT Barnum is proud of him.
Incoherent.
I am an independent. I do not belong to any party and I am not beholding to any party. Attempt to comprehend that not everyone is partisan.
We are well beyond his policies. What we are talking about now is his behavior since losing the election. Do you acknowledge that Trump engaged in wrongdoing in his Big Lie campaign? Do you acknowledge that Trump engaged in wrongdoing in his holding of classified documents?
My bet is that you cannot bring yourself to even acknowledge Trump's wrongdoing.
Are you talking about the bill that the experts are saying is going to raise taxes on even those making $10,000 as will actually cause inflation to rise. You can only believe that if you also believe that since the rate of inflation did not rise for a week that inflatioñ was zero.
Nah you just liked the theater and drama he created.
Obama was the King of Deportation.
Obama did that but since you think everything he said was a lie you believe the next partisan who claims he did it.
Besides the fact that the economy was about to overheat with major inflation under Trump? COVID saved him from that, but I constantly hear that Presidents cannot control gas prices or inflation. True to form, the Trump claimed he could and took credit for when it worked and blamed others when the cycle swung against him.
Matter of opinion.
Sure interfere in another country's internal affairs by starving out the besieged. Great look for America/s
Religious opinion?
You seem to be a victim of the Trump propaganda machine.
Again, you are listening to Trump's exaggerations, not the truth. Nato set voluntary fiscal goals in 2014 to be met by 2024. In 2017 only 9 of 29 countries were in "compliance". Trump claimed only 3 countries were compliant in 2018. In 2019 Trump claimed he had "Already Doubled NATO compliance" which was only 6, not the accepted 9. He also claimed at the first NATO meeting that he attended,
NATO doesn't owe the US any money, Trump at first was thought to be confusing WWII war debts with NATO debts but the old war debts have all been repaid and NATO doesn't ever owe the US money. Since NATO debts are determined by GDP countries often claim the lowest GDP, besides the goal is 2024 and everyone knows who wont make it due to the economy, COVID and the Russian occupation of parts of the Ukraine. It's extremely complicated. Turkey for example only pays approximately 1.22% but their inflation rate is 79.6%. Turkey claims that their geographical position in close proximity to Russia, controlling the Bosphurous Straight and allowing US and NATO airbases is in kind more valuable than $$.
In retaliation Trump cut the USA contributions to NATO further damaging the US leadership role in both NATO and the world.
Have a happy Saturday
Some "experts". An expert would know that people making less than $10,400 aren't even required to file.
Inflation is a time determinate sum. Inflation for this past July was zero. That is what Biden said, obviously not what you heard.
That in effect lowered the 12 month average of 9.1% in June to 8.5% for the 12 month average in July. We shall see on 09/13/2022 if it's a trend or not.
I can see that "debating" objective facts versus your partisan opinions is a pointless endeavor.
Thanks for your time/effort.
Ciao
Nothing religious about it they were three excellent choice. Unlike biden's choice where his main concern was her sex and race not necessarily her credentials.
And you seem to be a victim of Democrat bovine scatology
I intend to,. I have been in the hospital for the last two weeks and get to go home today and tomorrow is my birthday
Hillary and the lawyers she hired to go thru her server and the tech she had administrating and maintaining her server should have been tried and convicted. Bet. Not one of them had the proper security clearances.
Got to admit the bitch is hard not to hate. It just shows Trump has good taste.
She did mishandle classified information.
Don't go into how she did intend to break the law. Intent is not part of what needs to be shown or proved under the violations she committed.
So why didn't Jeff Sessions or Bill Barr take care of her during the Trump years?