Per his request, a federal judge has agreed to examine the FBI’s legal justification for searching former President Trump’s Florida property.
The request was sent to U.S. District Judge Aileen Cannon, who is supervising the Justice Department’s investigation into whether Trump improperly retained confidential documents at his Mar-a-Lago club. Cannon agreed to Trump’s request to have a particular master review the material gathered by the FBI during their August raid on Trump Tower.
Trump’s legal team requested a further review of the FBI’s affidavit on Tuesday, arguing that it was insufficient to justify the raid. Essential information was left out of the published transcript.
The initial petition had 84 “Probable Cause” paragraphs, but as of this writing, just 55 survived. More than half of the affidavit was, therefore, likely removed for censorship reasons. The defendant is liable for ensuring that Plaintiff has unfettered access to the protected material at all times.
The FBI’s investigation into the Mar-a-Lago papers necessitated the redaction of some facts in the affidavit at the request of the Justice Department to safeguard the identity of people who aided with the probe. The DOJ has requested anonymity for these individuals until the investigation is complete. To maintain national security, the FBI reportedly wants to black out details of some of its most crucial investigation strategies, as reported by ABC News.
Justice Department leaks to the media, they contend, threaten national security.
The affidavit is required to be made public due to “the unusual circumstances here,” according to the document. Reasons for this include the Attorney General’s unusual news appearance, the “nearly infinite search of a President’s residence,” the seizure of “vast volumes of personal papers including attorney-client confidential records,” and the “publishing of the Government’s position.”
In the case, it is alleged that “the repeated disclosures by DOJ of selected and erroneous material” have “further eroded” the government’s “obligation to maintain the privacy of Plaintiff’s affidavit data.” This declaration to Plaintiff is “clearly appropriate” in light of “the Government’s actions.”
Cannon’s court oversaw the preliminary phases of the trial of the former president, which was heard by a three-judge panel at the 11th Circuit Court of Appeals in Atlanta. Trump’s request for a “special master” was contested in court because Cannon decided to give it.
Despite Trump having chosen two justices for the court, they have demonstrated little inclination to take advice from the White House. The court questioned Trump’s lawyers about needing a special master when the affidavit was not disproved. Trump’s legal team has used various precedents to argue that the FBI raid on Trump Tower was unique.
On Thursday, Acting AG Merrick Garland designated special counsel to lead the Department of Justice’s inquiry. Instead of the Department of Justice, Garland has advocated for a private special counsel to look into Trump’s possible presidential run in 2024.