U.S. Magistrate Judge Bruce Reinhart, who initially authorized the search warrant, has given the DOJ and Attorney General Merrick Garland the first crack at handling the redactions.
However, Habba isn't foreseeing anything of value being released to the public — not now and maybe not ever.
"I think we'll get back something with maybe a page number on it at the bottom," Habba told Newsmax Thursday night while appearing on "Rob Schmitt Tonight."
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Reinhart can overrule Garland on final redactions, said Habba. "So, let's see what that might look like" in learning "the pretext" behind the search warrant.
Habba also said the DOJ's affidavit barely alleges Trump's wrongdoing on three fronts: concealment, espionage, and destruction. However, the charges "don't make sense to me, since [Trump] was cooperating the entire time," said Habba.
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If the DOJ claims concealment, Habba claimed, "you wouldn't have allowed [federal agents] into Mar-a-Lago."
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If the DOJ cites espionage, Habba said the Trump attorneys wouldn't have been transparent about federal officials viewing the documents in June.
And if the DOJ claims destruction, then Trump's people wouldn't have responded positively to the feds' request of putting a padlock on the presidential documents, said Habba.
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"What people don't understand, presidents have different kinds of privileges — executive privileges," said Habba, adding that Presidents George W. Bush and Barack Obama exercised similar declassification privileges with documents after leaving office in 2009 2017, respectively.
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"But no one likes to talk about that," said Habba. "Instead, they're taking these antiquated laws and shoving them down the throats" of people consuming left-leaning media.
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When asked if Trump officials were seriously weighing the release of the Mar-a-Lago video chronicling the FBI search on Aug. 8, Habba responded, "I would love the country to see what I saw with the cameras."
The judge said his decision was prompted partly because the public needed as much information as possible. However, he admitted that the extensive redactions expected from the justice department could generate the document meaninglessly.
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Reinhart’s ruling came after the justice department revealed for the first time that the criminal investigation revolving the FBI’s seizure of classified and top secret documents from Mar-a-Lago – in potential violation of the Espionage Act – was still in its early stages.
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The justice department, represented in court by Jay Bratt, the chief of the counterintelligence section, argued against releasing any portion of the affidavit, saying it would reveal a roadmap of the investigation and chill cooperation from other witnesses who may come forward.
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