Unseal the Mar-a-Lago Search Affidavit - WSJ
S E E D E D C O N T E N T
Federal Magistrate Judge Bruce Reinhart will hold a hearing Thursday on whether to unseal the affidavit the Federal Bureau of Investigation used to justify last week's search of Donald Trump's Mar-a-Lago home. The public interest is best served if the judge lets Americans see what now only he and federal officials know.
On Friday Judge Reinhart released the warrant for the search after Attorney General Merrick Garland and Mr. Trump urged its release. The public gleaned some general information from the warrant and what was gathered but not enough to conclude if the unprecedented search of a former President's home was justified. The affidavit almost certainly includes more detail about the legal and factual basis for the search.
The rub this time is that the Justice Department wants to keep the affidavit secret lest its release compromise the criminal investigation. But that’s what Justice and the FBI always say. Mr. Trump has called for the affidavit’s release, so the judge can’t claim any risks to the former President’s privacy.
Lindsey Graham, the South Carolina Senator, has also called for the affidavit’s release because “we’re flying blind in the dark.” He’s right. This is an extraordinary case, and the public interest is enormous. Mr. Trump may run for President again, yet he is vulnerable to leaks from the government that damage his reputation but may have little factual basis.
Last week someone told the Washington Post that Justice believes Mr. Trump had documents related to nuclear secrets, but the warrant revealed no such evidence. It did contain a reference to possible violation of the Espionage Act but again without evidence or elaboration.
We should add that Dow Jones & Co., the owner of this newspaper, has filed a motion with the court seeking the release of the affidavit. “Continued concealment is likely more injurious than disclosure,” the motion says, “as the nature of political discourse, which abhors a vacuum, has pumped all kinds of sensational suppositions into the informational void.”
Mr. Trump and the public deserve to know more about why and how he might be charged with a crime.
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It's really simple, if the DOJ had valid reason via an affidavit that can be verified to be truthful, then we should all be able to see it. The warrant issued was an enormously broad open ended warrant. Not exactly what we expect via the 4th Amendment. Make it simple, Garland and let us see the affidavit and stop leaking you rotten hack. Prove to us that this not more political malfeasance.
"Continued concealment is likely more injurious than disclosure,” the motion says, “as the nature of political discourse, which abhors a vacuum, has pumped all kinds of sensational suppositions into the informational void.”
I suspect he won't release it...which will only make the distrust of the DOJ/FBI worse
Affidavits are never released to the public in cases like this. They should make an exception for Trump for the thousandth time? Hell no.
At this point the DOJ & FBI have to prove their integrity.
How about Trump proves he HAS ANY
The burden is not on him. You don't understand the concept of justice?
Does Trump think he won the 2020 Presidential Election, or that Joe Biden DID ?
Really John, never. How many of those affidavits involve an ex President that is under investigation?
What are you afraid of? That the whole raid was nothing more than a partisan Democrat fishing expedition?
Trump doesn't care if it is released; and he has more to lose than the Democrats do.
It doesn't matter what he thinks.
He is still entitled to the same fundamental rights and protections under the law. Throw in Presidential Privilege on top of that.
Democrats and their governmental arms FBI and DOJ are potentially violating those rights.
Burden of proof is on them. Otherwise they are using the Federal government and their positions of power to attack a political opponent. This isn't China or Russia. Democrats just can't make Trump disappear. Nor can they fabricate evidence and convict him in a kangaroo court.
Time for them to put up what they think they have on Trump.
Your Honor, the testimony of this witness is incompetent, irrelevant, and immaterial.
or, can i shoot someone on Fifth Avenue, and then take the Fifth a few hundred times....
I'm not afraid of anything, because unlike you, I dont believe in ridiculous conspiracy theories.
no you can't do that
Are you advocating for treating Trump differently than any other person in this country?
What lead you to the ridiculous conclusion that anyone [but Trump] is afraid?
Right, those TS/SCI documents were teleported in from another dimension. /s
Trump could release the subpoena right now. Where is it?
Trump doesn't care because you and yours don't hold him accountable for anything. He has nothing to loose because y'all actually cheer on Trump pissing all over the Constitution. A week and 5 or 6 or is it 7 different lies from Trump on the search and the documents, Trump plays his shell game and you and yours incessantly swill his bullshit.
It never ceases to amaze me the level of sycophancy Trump has been able to garner from so many.
This thing is starting to remind me of trump's position about his famous phone call to Zelensky. Here we see Trump acting like he anxious to see the affadavit made public, much like he said he wasnt embarrassed by the phone call with Zelensky because it was "perfect", when of course it was anything but perfect . No matter what is in that affadavit, which I doubt Trump actually wants to see in public, Trump is going to say the search violated his rights, is a witch hunt and a hoax.
Thats just the way he rolls.
Exactly. Lie with vigor and conviction, endlessly, and many will begin to believe the lie. Why would he change what works for him? And notice how this style has been adopted by some of his supporters. Just wonderful to see lying becoming even more popular.
gee, have trumpsters run out of people (witnesses) to intimidate or send death threats to already? the work of grand juries is secret for valid reasons. clearly, trump is now the subject of multiple criminal investigations by the DOJ.
Weird to me. Now saying they have to tell everyone everything....
It almost reads to me like saying a prosecutor would have to prove themselves before he took on a murder case....
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Didn't you know he has been under many investigations for years with no convictions?
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And to think that guy was a hairs breath away from the SCOTUS.
Scary!
What are you claiming Garland 'leaked' Vic? Be specific.
"Typically when a person avoids answering a question, that question was posed by another person in a debate or discussion. In such cases, the person is not only evincing flawed reasoning but also violating basic principles of discussion."
learnreligions
Its comical to watch these fools try to get all indignant over law enforcement enforcing the law against someone who tried to overthrow the US government. Somewhere Jesus is weeping.
He is over Democrats violating every norm, ethic, and rule of law to get Trump at all costs.
Even Trump is entitled to his fundamental rights under the Constitution. No matter how many TDS driven morons want it otherwise.
What violations? At this point everything was done Constitutionally and properly.
Every time I've asked you this you have refused to reply, so I will try again.
WHAT RIGHTS ARE YOU CLAIMING HAVE BEEN VIOLATED?????
"the Fourth Amendment originally enforced the notion that “each man’s home is his castle”, secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests , and is the basis of the law regarding search warrants , stop-and-frisk , safety inspections, wiretaps, and other forms of surveillance , as well as being central to many other criminal law topics and to privacy law .
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
What is the probable cause?
TDS
If he exists, I doubt he cares at all what these self-righteous hypocritical Trump worshiping Pharisees are doing.
Trump didn't try to overthrow the government...get real for once.
Allegations need to proven beyond the shadow of a doubt..
Yea FCK those things called eyes....
Or ears, or....
In a court of law. Trump has not gone to court yet.
Your ignorance of the American legal system is beyond excuse.
Nah but fuck that thing called a brain ....... it’s a terrible thing to watch so many wasting away via TDS rot.
True, he see’s all the hate being held in peoples hearts and he weeps for them.
Really weeps for them......
Let me ask you a serious question Vic. The Jan 6th committee has proven, beyond doubt, that Trump acted abysmally and abominably on and around Jan 6, and most likely broke numerous laws. But even if not convicted for Jan 6, he acted in ways that were an absolute disgrace to this country. Yet people like you still promote him as someone to respect and even vote for again. The question is, how do you sleep at night ?
The only thing the Jan 6th committee has proven is TDS driven morons will believe anything put forward by other TDS driven morons.
Getting Trump at all costs is the only thing that matters. Ethics, morality, fundamental rights, and laws be damned.
So tell us John how do you and your ilk sleep at night?
[Deleted]
Lots of red flags...
[deleted]
Dreaming isn't a method.
People like that are the reason you never reveal personal information.....
True, some of them are one less Prozac away from shooting up a peaceful softball game.
Lucky most of them are only good shots in Call of Duty.
Lucid dreaming can be.
I'm pretty sure that some people thinking that most likely have nothing to worry about.
A good start would be addressing the question to me.
The Jan 6th committee has proven, beyond doubt, that Trump acted abysmally and abominably on and around Jan 6,
One could say the same about the DOJ, FBI and Nancy Pelosi.
and most likely broke numerous laws.
If it's so likely why haven't we had an indictment?
But even if not convicted for Jan 6, he acted in ways that were an absolute disgrace to this country. Yet people like you still promote him as someone to respect and even vote for again.
The biggest disgrace to this country is Joe Biden and he's only 18 months in.
The question is, how do you sleep at night ?
With progressives like yourself around, I sleep with one eye open.
So you dont care that there is proof that Trump tried to overthrow our government . Why am
I not surprised?
The DOJ is arguing against releasing the affidavit saying that disclosing the affidavit would breach longstanding legal precedent, potentially jeopardize the government's investigation and expose any confidential sources.
The normal process is that the affidavit is not released until after an indictment or arrest, though that precedent has been broken in the past in cases of extraordinary circumstances and one could easily argue that this is an extraordinary circumstance. But there is another easier simpler approach, just arrest Trump and everybody else laid out in the affidavit now and charge them with crimes. That would remove the concern about showing the current investigation.
There is NO normal process with Trump. You realize, if the GOP had done their job, this would have been long over years ago.
I have bad news for you. The GOP is no longer the party of George Bush (Sr or Jr), John McCain, Mitt Romney or even Dick Cheney & his daughter. The GOP no longer seeks those who get involved in wars that are not in the interest of the US, or Globalism, or weakness on illegal immigration, or not fighting back against the obscene left. Standing in the wings are America First candidates who are going to eradicate an insidious ideology.
We are all fatigued from the unending "Trump" narrative. You might as well prepare yourself for the future.
If the normal process is NOT to release the affidavit until after an indictment or arrest, but there is no normal process with Trump, that then means you have no problem with the affidavit being released NOW.
And I'll one up you. If the federal government (keep the political parties out of it, they are a parasite on the political body) had done their job years ago then Trump would never have left private enterprise. It's because the federal government devolved into partisan politics that opened the door to let Trump slide in.
If Democrats had simply excepted Hillary lost it never would have started.
exactly
pass me the Kool Aid, and maybe i'll see it your way
Yep, the “resistance” movement started and championed by that old sea hag.
She is one evil biatch .... evil as it comes.
ARe they going to put up a sign that says"Welcome Fascists" ?
And it is not like Trump's cultists have taken any action against anyone opposed to Trump... /sarc
It is not like leftist TDS driven morons have taken any action against anyone supporting Trump....
Included in that group are the Democrat Party, their media disciples, the FBI and DOJ.
Did you see where one of Trumps hundreds of attorneys, asked that the source who provided info about Mar a Lar go, be revealed, to better understand how the raid came about ? WTF is this country coming to....
I'm getting very tired of the wealthy and famous having a different legal system from the rest of us. Anyone else with that trove of classified material would have been arrested on the spot.
So why didn't they arrest Trump right away? This is why so many are having problems with this raid, because the optics look so bad. If what Trump has done is true then arrest his ass, take him to court and hold him accountable. Of course any punishment is going to have to be balanced against the sentencing of Sandy Berger who did the same.
We need to know two key things:
Speculation does not advance us to truth. Answering the above questions most definitely would.
I agree that we need to know the answer to those two questions. But that doesn't make a lot of difference in the decision to arrest Trump, that decision should have been shown in the affidavit itself. If the affidavit showed the urgency of getting those classified documents back as quickly as possible (in order to get the warrant approved after all) then it should have also been enough to show the criminal offense and allow for the arrest of Trump. The simple issue is that they laid out potential criminal action in order to get the warrant approved but ignored the criminal? That just doesn't make sense to me.
Maybe the DoJ/FBI is not anxious to put Trump on a perp-walk.
Logically, the DoJ will want to build an iron-clad case before they issue an indictment. Given the stakes, they damn well better be careful. Further, given the search & seizure operation took place (an historical act), I am inclined to believe that an indictment will indeed be issued.
If no indictment is issued, then the DoJ/FBI and the D party itself will indeed have devastatingly poor optics and they will pay a very large political price.
If an indictment is issued, then I would fully expect Trump to be in more trouble than he has ever seen ...'never before have I been in this much trouble'.
So, in the meantime, it looks like Trump likely did NOT formally declassify those documents. And we know that TS/SCI documents were recovered from his home and that is deadly serious. What we do not yet know is if Trump was cooperating (and, if so, this search & seizure operation will be a huge faux pas).
I am waiting for solid answers to my two questions. The rest is pretty much irrelevant at this point IMO.
Was Sandy Berger subpoenaed? Did he ignore that subpoena? Did he, through his lawyer insist that all responsive documents were returned? Did he claim to have the right to take the documents? Did he, did he, did he?
Since much of this was motivated by the NARA, the classification of the documents is irrelevant as long as they fall under the PRA.
The PRA illustrates that Trump should not have had any records at his residence. So, sure, in that case Trump is wrong no matter if classified or not. The criminality of violating the PRA would be interesting to see adjudicated since this would be breaking new ground. Past issues were minor violations or merely legal challenges. This is not the case with Trump.
The classification of documents remains relevant since TS/SCI documents are always to be in a secured government facility designed for such documents. This is serious stuff, as you know, because these documents contain information that could compromise national security.
I thus see the classification to be quite relevant. The presence of TS/SCI documents establishes this to be a very serious violation of both the PRA and national security. In contrast, if these documents were of a lesser classification, the seriousness of the violation is not nearly as stark. (Stealing a six pack of beer is not nearly as serious as stealing a car.)
Unless Trump was in the process of cooperating, he is in deep water.
Yet I think it's significant that the warrant cites possible US Code violations that are not predicated by whether the documents are 'classification' or not.
All current evidence is pointing towards, no, he was not cooperating.
His cooperation, reluctant or not, appears to have ended 2 months ago.
Seems that way.
Yes, the DOJ can longer hide behind a stone wall. It's becoming apparent that the affidavit must be made public. What that means is that DOJ can't drag its feet any longer. Trump must be indicted so the affidavit can be released; there isn't another option.
The investigative phase is over. DOJ can't stall, side step, or stone wall. Merrick Garland can't play politics any longer. If DOJ refuses to indict Trump now then 'oversight' of DOJ becomes imperative.
Merrick Garland either has to indict and prosecute Trump or face a firestorm. Garland has assumed more autocratic authority than the President, Congress, and SCOTUS. Garland has publicly disclosed the existence of a rogue deep state within government that is unaccountable to anyone in government.
The only way out for Garland is to indict and prosecute Trump. At this point, that may not be enough to protect DOJ's self-appointed independence.
And next up on science fiction 3000....
Why? The search was justified when they found the classified material.
As long as the material is in fact classified (especially if classified at the TS/SCI level) and Trump was not cooperating, then the search seems quite well justified.
Note, that @4.2.9 Dulay observes that under the PRA alone, even if the documents were declassified, Trump should never have had those documents at his residence. So a case could be made from the PRA alone.
But for me, if TS/SCI documents were not formally declassified and Trump was not in a serious process to return them, I think he is in deep shit and rightly so for compromising our national security.
The DOJ is leaking left and right to control the narrative, but the affidavit must remain sealed!
Any organization with over 100,000 employees will have several leakers and any site with 50 or so posters will have several broad-brush commentators.
I see the anti-semites on the right (yes there are some on the left) have bombarded Judge Reinhart's synagogue with threats forcing it to close down, and once again, yes the left has done the same. Stupidity loves a mirror.