Fox's Mark Meredith just reported that the released material on the warrant referred to the need for a seal was to prevent material from being destroyed...
...I would have expected the emphasis to be on the ongoing investigation and CI protection. The threat of destruction raises whether the affidavit included allegations of destruction or the threat of destruction at Mar-a-Lago...
...Notably, the search occurred after the media ran accounts (denied by Trump) that the former president routinely destroyed documents and flushed them down the toilet.
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The papers released today cited the risk of destruction as a basis for the seal and search. As I mentioned earlier, the search occurred around the same time that the media was reporting allegations that Trump flushed documents down the toilet. theguardian.com/us-news/2022/a…
...Ironically, the motion sounds like the type of basis for a "no knock" warrant where suspects may flush contraband down a toilet. The affidavit would confirm the basis for the destruction fear and whether it overlapped with the media accounts...
...The archives was referenced in earlier concerns over the destruction of documents. The question is whether the concern was given to the FBI and incorporated into the affidavit...
Despite most of us assuming that the court would simply defer to the government, the magistrate has ordered the government to recommend redactions to allow a partial release...
...The question now is whether the court will push back on what is likely to be over broad proposed redactions. As I previously stated, I have little doubt that portions of the affidavit could be released without having a serious impact on the investigation...
...These affidavits commonly have descriptive portions of past communications with the target. Those communications are already known to the other side and should be capable of at least partial release...
The latest leak suggests that the FBI acted on a subpoenaed security tape from outside the storage room at Mar-a-Lago. While the DOJ demands a total seal on the affidavit to protect the integrity of the investigation, these details continue to be selectively leaked...
...In the meantime, Attorney General Garland has not taken even modest measures to assure the public that this is not a politically motivated investigation.jonathanturley.org/2022/08/16/the…
...It is unlikely that the court will reject the DOJ demand for a continued seal. However, that offers little transparency while these confidential sources continue to frame the coverage through these leaks.
...I have referred to the "raid" on Mar-a-Lago. It does not mean that the warrant was unlawful or abusive without seeing the underlying affidavit. However, descending on Mar-a-Lago with dozens of agents and vehicles seems like a raid in the colloquial sense...
...This issue came up today on Mediabuzz. I have never objected to the use of "raid" any more than I object to the use of the term "search." The issue is whether the underlying warrant was justified and what the FBI told the magistrate to secure it...
While the declassification of these documents is not a total defense under these possible charges, it would add to the defense that he did not improperly possess or retain the material (particularly if his team was cooperating as they allege)...thehill.com/opinion/judici…
...The retrieval of the earlier boxes in June could reflect that, even if declassified, the government viewed the continued possession as inimical to national security. Yet, that still raises the necessity of the raid and what was stated in the affidavit...
...We simply do not know was was communicated after the June meeting and whether the DOJ alleged that cooperation has ended in seeking additional documents of concern.
We should see the warrant and property list relatively soon in light of the DOJ motion and the Trump waiver. My greatest interest is the specificity of the information. Here are a few questions as we wait for the warrant and list. jonathanturley.org/2022/08/12/tru…
...For example, if the FBI believed that there was nuclear-related information in the resort, it certainly did not seem to move with dispatch. The last communication, according to the Trump team, was in June and there was a delay in the execution of the warrant. Why?
...It is unlikely that these five questions will be answered solely with the release of warrant and inventory list. The affidavit remains the key to understanding what occurred in this controversy...