Trump home search: Judge deciding on unsealing the warrant

Posted at 1:37 PM, August 12, 2022 and last updated 1:37 PM, August 12, 2022

By MICHAEL BALSAMO, ZEKE MILLER and ERIC TUCKER Associated Press

WASHINGTON (AP) — A federal judge was to decide as soon as Friday whether to grant the Department of Justice’s request to unseal the warrant that authorized the FBI to search former President Donald Trump’s Florida estate. Attorney General Merrick Garland declared there was “substantial public interest in this matter,” and Trump backed the warrant’s “immediate” release.

An aerial view of President Donald Trump’s Mar-a-Lago estate is pictured, Wednesday, Aug. 10, 2022, in Palm Beach, Fla. (AP Photo/Steve Helber)

The decision on whether to unseal the records lay with U.S. Magistrate Judge Bruce Reinhart, the same judge who signed off on the search warrant. The Justice Department had until Friday afternoon to tell the judge whether Trump’s lawyers agree or disagree with the proposal to make it public.

In messages posted on his Truth Social platform, Trump wrote, “Not only will I not oppose the release of documents … I am going a step further by ENCOURAGING the immediate release of those documents.” He continued to assail the FBI search of Mar-a-Lago as “unAmerican, unwarranted and unnecessary.”

Trump himself has been given at least some of the records the government was seeking to unseal, but he and his lawyers have declined, so far, to make them public.

Former President Donald Trump gestures as he departs Trump Tower, Wednesday, Aug. 10, 2022, in New York, on his way to the New York attorney general’s office for a deposition in a civil investigation. (AP Photo/Julia Nikhinson)

The Justice Department’s request is striking because such documents traditionally remain sealed during a pending investigation. But the department appeared to recognize that its silence since the search had created a vacuum for bitter verbal attacks by Trump and his allies, and that the public was entitled to the FBI’s side about what prompted Monday’s action at the former president’s home.

“The public’s clear and powerful interest in understanding what occurred under these circumstances weighs heavily in favor of unsealing,” said a motion filed in federal court in Florida on Thursday.

Should the warrant be released, it could disclose unflattering information about Trump and about FBI scrutiny of his handling of sensitive government documents right as he prepares for another run for the White House. During his successful 2016 campaign, he pointed frequently to an FBI investigation into his Democratic opponent, Hillary Clinton, over whether she mishandled classified information.

Attorney General Merrick Garland speaks at the Justice Department Thursday, Aug. 11, 2022, in Washington. (AP Photo/Susan Walsh)

If is unclear at this point how much information would be included in the documents, if made public, or if they would encompass an FBI affidavit that would presumably lay out a detailed factual basis for the search. The department specifically requested the unsealing of the warrant as well as a property receipt listing the items that were seized, along with two unspecified attachments.

Several news organizations have separately petitioned Reinhart to release all of the documents relating to the search given the high level of public interest.

To obtain a search warrant, federal authorities must prove to a judge that probable cause exists to believe that a crime was committed. Garland said he personally approved the warrant, a decision he said the department did not take lightly given that standard practice where possible is to select less intrusive tactics than a search of one’s home.

In this case, according to a person familiar with the matter, there was substantial engagement with Trump and his representatives prior to the search warrant, including a subpoena for records and a visit to Mar-a-Lago a couple of months ago by FBI and Justice Department officials to assess how the documents were stored. The person was not authorized to discuss the matter by name and spoke on condition of anonymity.

Neither Trump nor the FBI has said anything about what documents the FBI might have recovered, or what precisely agents were looking for.

Trump, who for years has lambasted the FBI and sought to sow distrust among his supporters in its decisions, said the warrant was served and the search conducted despite his cooperation with the Justice Department over the search.

In a post to his Truth Social platform, Trump said that his “attorneys and representatives were cooperating fully” before the search, and that government officials “could have had whatever they wanted, whenever they wanted, if we had it.”

FBI and Justice Department policy cautions against discussing ongoing investigations, both to protect the integrity of the inquiries and to avoid unfairly maligning someone who is being scrutinized but winds up ultimately not being charged. That’s especially true in the case of search warrants, where supporting court papers are routinely kept secret as the investigation proceeds.

In this case, though, Garland cited the fact that Trump himself had provided the first public confirmation of the FBI search, “as is his right.” The Justice Department, in its new filing, also said that disclosing information about it now would not harm the court’s functions.

The Justice Department under Garland has been leery of public statements about politically charged investigations, or of confirming to what extent it might be investigating Trump as part of a broader probe into the Jan. 6 riot at the U.S. Capitol and efforts to overturn the results of the 2020 election.

The department has tried to avoid being seen as injecting itself into presidential politics, as happened in 2016 when then-FBI Director James Comey made an unusual public statement announcing that the FBI would not be recommending criminal charges against Clinton regarding her handling of email — and when he spoke up again just over a week before the election to notify Congress that the probe was being effectively reopened because of the discovery of new emails.

The Mar-a-Lago search warrant served Monday was part of an ongoing Justice Department investigation into the discovery of classified White House records recovered from Trump’s home in Palm Beach, Florida, earlier this year. The National Archives had asked the department to investigate after saying 15 boxes of records it retrieved from the estate included classified records. Multiple federal laws govern the handling of classified information.

The attorney general also condemned verbal attacks on FBI and Justice Department personnel over the search. Some Republican allies of Trump have called for the FBI to be defunded. Large numbers of Trump supporters have called for the warrant to be released hoping they it will show that Trump was unfairly targeted.

“I will not stand by silently when their integrity is unfairly attacked,” Garland said of federal law enforcement agents, calling them “dedicated, patriotic public servants.”

Earlier Thursday, an armed man wearing body armor tried to breach a security screening area at an FBI field office in Ohio, then fled and was later killed after a standoff with law enforcement. A law enforcement official briefed on the matter identified the man as Ricky Shiffer and said he is believed to have been in Washington in the days leading up to the attack on the Capitol and may have been there on the day it took place.

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Associated Press writers Zeke Miller, Lindsay Whitehurst and Meg Kinnard contributed to this report.

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