Trump keeps pushing for releasing the full affidavit. Just not in court.
From CNN’s Kaitlan Collins
Former President Donald Trump and his team have continued to publicly push for the release of the full affidavit used to justify the search warrant of his Mar-a-Lago home, saying there should be no redactions “in the interest of TRANSPARENCY.”
After Thursday’s hearing on the possible release of the affidavit wrapped, Trump’s spokesman Taylor Budowich tweeted once again that Trump “made his view clear that the American people should be permitted to see the unredacted affidavit related to the raid and break-in of his home,” saying “no redactions should be necessary and the whole affidavit should be released.”
But they have not made that argument in court – at least not yet.
Despite Trump lawyer Christina Bobb being in court on Thursday, the former president’s team did not enter submit any formal motion making that stance clear. Instead, she was just there to monitor the hearing.
A source familiar with the discussions told CNN that submitting a formal motion remains a possibility, but the legal team has not made a final decision about doing so yet. Some in Trump’s orbit were surprised that the judge asked the Justice Department to propose redactions and arguments for them, instead of simply keeping the sensitive document sealed.
As prosecutors now have until next Thursday to submit those possible redactions, Trump is continuing his hunt for an addition to his legal team. The former president is seeking to bring on an attorney with experience in Florida law and has had multiple conversations about candidates in recent days, according to a source.
Judge unseals procedural documents related to Mar-a-Lago search
From CNN’s Katelyn Polantz and Hannah Rabinowitz
US Magistrate Judge Bruce Reinhart on Thursday released several procedural court documents related to the FBI’s search of former President Donald Trump’s Florida home of Mar-a-Lago.
The newly released filings provide more specificity on the potential offenses being investigated by the Justice Department — describing the offenses as the “willful retention of national defense information” as well as the “concealment or removal of government records” and “obstruction of federal investigation.”
In the filings, prosecutors also argued that the search warrant paperwork before the Mar-a-Lago search last Monday needed to be keep secret, “because the integrity of the ongoing investigation might be compromised, and evidence might be destroyed.”
The filings include the Department of Justice’s motion to seal the warrant documents, the order granting that sealing request and the criminal cover sheet.
The cover sheet also specifies that the Justice Department applied to search Mar-a-Lago, believing they could find both evidence of these crimes and get back illegally possessed items.
Note: This is not the search warrant affidavit, which would include more details. The judge plans to hear more from the Justice Department by next week about how extensively investigators want to keep confidential the document that describes their investigative steps and methods leading to the need for the search.
Attorney for media organizations says public has right to see as much of Mar-a-Lago affidavit as possible
From CNN’s Jamie Crawford
An attorney who is part of the group of lawyers representing a coalition of media companies — including CNN — seeking the release of a heavily redacted version of the affidavit for the search at Mar-a-Lago said the public has a right to see as much of the document as possible.
“This is a proceeding that is about the credibility of all the players. So whether the judge is doing his job, whether the DOJ is doing its job, that is the proper function of these access proceedings and why the public is entitled to access; that is the public interest. We are entitled to monitor the affairs of our government at all levels and that is the interest in essence that we were asserting today,” Deanna Shullman, an attorney representing Dow Jones & Company, Inc. and ABC told reporters after today’s hearing in West Palm Beach, Florida.
Shullman also said she understands the government’s desire to keep certain elements of the affidavit shielded from public view, but she said there is a way to accomplish that without a wide-ranging redaction of the document.
“None of the media intervenors want to jeopardize the safety or security of a confidential informant; it is very common in these situations that information that would lead to the disclosure of their identity is kept secret,” she said. “However, it is important to note that simply saying somebody works for a particular agency is not sufficient. Perhaps saying their title, their post, the number of years they have been in position and other identifiers may get us there, but the generic fact that there are confidential informants working with the government is not something that I would think is subject to protection.”
US Magistrate Judge Bruce Reinhart set in motion on Thursday the possible public release of the document at today’s hearing.
The judge plans to hear more from the Justice Department by next week about how extensively investigators want to keep confidential the document that describes their investigative steps and methods leading to the need for the search.
Judge sets up possible release of redacted affidavit justifying Mar-a-Lago search
From CNN’s Katelyn Polantz and Hannah Rabinowitz
US Magistrate Judge Bruce Reinhart set in motion on Thursday the possible public release of a heavily redacted version of the affidavit for the search at Mar-a-Lago.
The judge plans to hear more from the Justice Department by next week about how extensively investigators want to keep confidential the document that describes their investigative steps and methods leading to the need for the search.
Reinhart said he wasn’t convinced yet that the entire affidavit should remain undisclosed to the public.
“I’m not prepared to find that the affidavit should be fully sealed” based on the record he has now, Reinhart said, adding that there are “portions” that could be unsealed.
Prosecutors will have the opportunity to propose redactions and explain why each piece of information needs to be kept from the public eye, Reinhart said. Those proposals will be due next Thursday.
Reinhart said he then may have additional confidential discussions with the Justice Department before making his decisions on transparency.
Earlier on Thursday, Reinhart said he would unseal some other, procedural filings that are currently under seal on the search warrant docket.
According to the judge’s comments, the filings are the Department of Justice’s motion to seal the warrant documents, the order granting that sealing request and the criminal cover sheet.
DOJ emphasizes risks to FBI and future witnesses if documents are unsealed
From CNN’s Katelyn Polantz and Tierney Sneed
Jay Bratt, a top lawyer in the Department of Justice’s national security division, raised concerns about the risks the FBI has faced since the news of the Mar-a-Lago search broke, with Bratt mentioning the recent standoff at a Cincinnati FBI field office and “amateur sleuths” on the internet.
He told the judge that if any of the other documents are released, the DOJ would want to redact even background information about the agents who have worked on the matter so far.
Bratt also laid out DOJ’s concerns that releasing the affidavit would having a chilling effect on future witnesses. He said during the hearing that several witnesses are already part of the investigation, some with very specific relevant information that — if revealed — would reveal who they are.
Affidavit described how evidence of obstruction may be found at Mar-a-Lago, DOJ argues
From CNN’s Hannah Rabinowitz and Katelyn Polantz
The Justice Department argued in court on Thursday that the probable cause affidavit used to get a warrant to search former President Donald Trump’s Mar-a-Lago residence described how prosecutors might find “evidence of obstruction” on the grounds of the Florida property — a possible crime that the search warrant itself revealed was under investigation.
“In this case, the court has found probable cause there’s a violation of one of the obstruction statutes, and that evidence of obstruction would be found at Mar-a-Lago” said Jay Bratt, who heads the Justice Department’s counterintelligence section.
Obstruction of justice was one of the three statutes listed on the search warrant for Mar-a-Lago, which was unsealed last week, and Judge Bruce Reinhart said during the hearing Thursday that he “found there is probable cause” that the statutes had been violated.
Bratt made the comments about obstruction being investigated while he was trying to highlight DOJ’s fear that future witnesses may not be willing to provide information if too much was to come out about the investigation so far.
Bratt also said that the affidavit contained “substantial grand jury information.”
CNN has reported that the FBI search came months after federal investigators served grand jury subpoena and took away sensitive national security documents from Trump’s property during a June meeting.
Justice Department tells federal judge releasing affidavit would “provide a roadmap to the investigation”
From CNN’s Tierney Sneed and Katelyn Polantz
Jay Bratt, a top lawyer in the Department of Justice’s national security division, is arguing for the government at the hearing on requests by several news outlets — including CNN — to unseal more materials filed by the Justice Department related to the FBI’s search of former President Donald Trump’s Mar-a-Lago estate last week.
Bratt told the federal judge that letting the public read the affidavit would “provide a roadmap to the investigation,” and would even indicate the next steps in the probe.
He also described the affidavit as detailed and lengthy.
While acknowledging that there is a public interest in transparency, Bratt said that there was “another public interest” in criminal investigations being able to go forward unimpeded.
Bratt’s statements in court have so far emphasized that this is an active, ongoing criminal investigation, with robust witness interview work being done and grand jury activity.
Judge says he will release some of the procedural filings under seal on the docket
From CNN’s Tierney Sneed and Katelyn Polantz
US Magistrate Judge Bruce Reinhart says he will unseal some of the procedural filings that are currently under seal on the search warrant docket.
According to the judge’s comments, the filings are the Department of Justice’s motion to seal the warrant documents, the order granting that sealing request and the criminal cover sheet.
NOW: Hearing on Mar-a-Lago search affidavit has started
From CNN’s Katelyn Polantz in West Palm Beach, Florida
US Magistrate Judge Bruce Reinhart, the federal judge who approved the Mar-a-Lago search warrant, is hold a hearing now at the court in Florida to discuss requests to unseal investigators’ probable cause affidavit, which the Justice Department has opposed releasing.
Media organizations, including CNN, asked for the affidavit to be unsealed after the search last week at former President Donald Trump’s Palm Beach, Florida, club and residence.
Cameras are not allowed inside the federal courtroom, but CNN is there and will be providing updates on key moments from the hearing.
