DOJ Asks Judge to Keep Trump Search Affidavit Under Seal

August 16, 2022 by Dan McCue
DOJ Asks Judge to Keep Trump Search Affidavit Under Seal
Paul G. Rogers Federal Courthouse is shown Friday, Aug. 12, 2022, in West Palm Beach, Fla. A federal judge was to decide 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. The decision on whether to unseal the records lay with U.S. Magistrate Judge Bruce Reinhart, who may issue his order from the Paul G. Rogers Federal Courthouse on Friday. (AP Photo/Marta Lavandier)

WASHINGTON — The Justice Department on Monday asked a federal judge to keep sealed the sworn affidavit that provided the in-depth explanation for why it needed to search former President Donald Trump’s Palm Beach, Florida, home.

Republican allies of the former president have been calling for the release of the affidavit contending it will either show the justification for the FBI’s seizure of documents from Trump’s home at the Mar-a-Lago resort or reveal the purely political motivations behind it.

The search warrant itself and a list of property taken from the home, released last week, showed that Trump had 11 sets of classified documents in his home, including several marked “top secret.”

Those documents alone appear to suggest federal law enforcement officials had probable cause to conduct the search based on possible Espionage Act violations.

Monday’s filing by the Justice Department came in response to requests from several media outlets, asking the court to unseal the affidavit.

In its 13-page response to those requests, the department said it would support the unsealing of the “cover sheets” and other superficial papers associated with the search warrant, but argued strenuously that to release more would “irreparably harm the government’s ongoing criminal investigation.”

“As the court is aware from its review of the affidavit, it contains, among other critically important and detailed investigative facts: highly sensitive information about witnesses, including witnesses interviewed by the government; specific investigative techniques; and information required by law to be kept under seal pursuant to Federal Rule of Criminal Procedure 6(e),” the response says.

“If disclosed, the affidavit would serve as a roadmap to the government’s ongoing investigation, providing specific details about its direction and likely course, in a manner that is highly likely to compromise future investigative steps,” it continues. “In addition, information about witnesses is particularly sensitive given the high-profile nature of this matter and the risk that the revelation of witness identities would impact their willingness to cooperate with the investigation. 

The Justice Department continues: “Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations. 

“The fact that this investigation implicates highly classified materials further underscores the need to protect the integrity of the investigation and exacerbates the potential for harm if information is disclosed to the public prematurely or improperly,” the court filing says.

Later, the DOJ argues that “specific facts in a warrant affidavit may act as a roadmap of the ongoing investigation. 

“Meanwhile, of their own accord, witnesses may be ‘hesitant to come forward voluntarily, knowing that those against whom they testify would be aware of their testimony,’  or that information they share in interviews would be publicized before any criminal proceeding has been initiated. These powerful concerns justify keeping the warrant affidavit under seal.”

At another point, the Justice Department warns: ”Even when the public is already aware of the general nature of the investigation, revealing the specific contents of a search warrant affidavit could alter the investigation’s trajectory, reveal ongoing and future investigative efforts, and undermine agents’ ability to collect evidence or obtain truthful testimony. 

“In addition to the implications for the investigation, the release of this type of investigative material could have ‘devastating consequences’ for the reputations and rights of individuals whose actions and statements are described,” it says.

A footnote in the filing addresses the inevitable question to be raised: Why not simply release a redacted version of the document?

The Justice Department argues the redactions “necessary to mitigate harms to the integrity of the investigation would be so extensive as to render the remaining unsealed text devoid of meaningful content, and the release of such a redacted version would not serve any public interest.” 

Despite this contention, the department requests that it be given time to provide the court with proposed redactions if it decides a partial release of the affidavit is warranted.

Dan can be reached at [email protected] and at https://twitter.com/DanMcCue.

A+
a-
  • Justice Department
  • In The News

    Health

    Voting

    Law Enforcement

    February 9, 2024
    by Dan McCue
    Fake Biden Robocalls During New Hampshire Primary Traced to Texas

    CONCORD, N.H. — Fraudulent robocalls using an AI-generated impersonation of President Joe Biden to discourage voting in the New Hampshire... Read More

    CONCORD, N.H. — Fraudulent robocalls using an AI-generated impersonation of President Joe Biden to discourage voting in the New Hampshire Democratic primary last month have been traced to a Texas-based company, known as Life Corp., and an individual named Walter Monk. The announcement by New Hampshire... Read More

    January 23, 2024
    by Tom Ramstack
    Washington Lawyers’ Committee Suggests Abolishing DC Police’s Gang Database

    WASHINGTON — A report this month from the Washington Lawyers’ Committee for Civil Rights and Urban Affairs warns that Washington,... Read More

    WASHINGTON — A report this month from the Washington Lawyers’ Committee for Civil Rights and Urban Affairs warns that Washington, D.C., police appear to be violating constitutional rights to privacy with their Gang Database. Innocent persons could be placed on the list merely by associating with... Read More

    January 3, 2024
    by Tom Ramstack
    Sen. Menendez Faces More Charges Alleging Bribe-Taking in Qatari Deal

    NEW YORK — More bribery allegations were lodged Tuesday against Sen. Bob Menendez, D-N.J., as he faces criminal prosecution on... Read More

    NEW YORK — More bribery allegations were lodged Tuesday against Sen. Bob Menendez, D-N.J., as he faces criminal prosecution on charges of using his political influence with the Egyptians and Qataris to help his personal finances. The superseding indictment the Justice Department unveiled Tuesday says Menendez... Read More

    December 21, 2023
    by Tom Ramstack
    Justice Dept. Accuses Real Estate Developers of Taking Advantage of Immigrants

    HOUSTON — The Justice Department on Wednesday sued real estate developers behind a large housing complex outside of Houston the... Read More

    HOUSTON — The Justice Department on Wednesday sued real estate developers behind a large housing complex outside of Houston the government has accused of taking advantage of immigrants. Colony Ridge promises the buyers secure housing but the Justice Department says it is commonly flooded with sewage,... Read More

    Cause Sought of Explosion in Arlington, Virginia, Home as Police Tried to Serve Warrant

    ARLINGTON, Va. (AP) — Hours before a massive explosion destroyed a duplex and shook a Virginia suburb of Washington, D.C., a suspect... Read More

    ARLINGTON, Va. (AP) — Hours before a massive explosion destroyed a duplex and shook a Virginia suburb of Washington, D.C., a suspect inside his home fired a flare gun 30 to 40 times into the neighborhood, drawing a large police response, officials said Tuesday. All officers escaped serious... Read More

    DC Is Combating Car Thefts and Carjackings With Dashcams and AirTags

    WASHINGTON (AP) — Jeff Pena contacted his father as soon as he heard that police were passing out auto tracking... Read More

    WASHINGTON (AP) — Jeff Pena contacted his father as soon as he heard that police were passing out auto tracking devices to try to stem a sharp increase in carjackings, auto thefts and other crimes in the nation's capital. “It's just getting crazy out there,” said... Read More

    News From The Well
    scroll top