Having read the redacted affidavit, it leaves most questions unanswered. It also raises further doubt over the Court's acceptance that the DOJ found the Goldilocks point of getting this "just right." The DOJ released what was largely already leaked or known.
...When the court called for the release of the affidavit, he indicated that he could push back on the DOJ redactions but did not do so...
...Yet, the affidavit confirms a couple points that appeared in leaks. The affidavit does not establish that the Trump people were wholly uncooperative or non-communicative while noting that they were asked to turn over material and did not do so.
...It is confirmed that the FBI told the Court that Trump was claiming to have declassified the documents. However, there is little else on those communications, particularly after June 9th.
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The affidavit is out. 38 pages. It does release a fair amount of material, including some background information. We have whole pages largely redacted but it is not the total blackout that some were predicting.
...Much as predicted is legal material on the status of documents and classification. Notably the probable cause section contains information previously leaked by the government. jonathanturley.org/2022/08/25/gar…
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.