Trump's Case Against The Feds: 4th Amendment Could Be The Key

By Charles Susswein | Tuesday, 23 August 2022 02:15 AM
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Former President Trump's legal counsel announced on the Mark Levin Show that he's planning to file a Fourth Amendment-related legal challenge "very soon" against the Department of Justice in relation to the Mar-a-Lago raid.

James Trusty, a former federal prosecutor, announced that Trump's legal team is going to "weigh in very strongly and very hard," declaring that they are going to be "attacking" the search warrant practiced in the FBI's raid on the former president's Florida estate.

"It should be something that gets publicly filed. So the whole United States will get to read this thing," Trusty announced about the action the former president will take. As for the timing of the move, Trusty stated Monday is a "possibility" yet continued "it's probably going to be more like hours."

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"It's coming very soon," he announced.

"You know, the Fourth Amendment requires particularity. It requires narrowness to the intrusion on the person's home. And this warrant had language in it. And keep in mind, all we've seen is a warrant and an inventory. But the warrant has language in it about if you find a classified document, you can take the whole box around it and you can take any boxes near it. And that's really the functional equivalent of a general search. There's just no limit to that kind of scope in the warrant," Trusty stated on the Mark Levin Show.

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Trusty announced that Trump is "entitled" to a specific inventory list of what was taken from Mar-a-Lago, and continued to say that the property receipt, which was publicly released, is a "very vague document."

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"We are way behind in terms of the government playing fair and giving us the details that we're entitled to," Trusty stated.

He also called it "perplexing" that FBI agents grabbed items like attorney-client privileged information and passports belonging to the former president.

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Agents from the FBI executed a search warrant on Trump's Florida estate on Aug. 8 and took items, which include 11 sets of material that are listed as classified, as well as some that were marked as top secret.

Trump has denied that any of the materials in his possession at Mar-a-Lago were classified.

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Trump's attorney further called for a "judicial intervention" at the district court level that "can help us vindicate the First Amendment rights of the president," continuing "we're going to come out swinging."

Trusty called for a third party to get involved with the goal of stopping the Justice Department "in their tracks when it comes to inspecting these documents."

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"They shouldn't have anybody to filter team or not, looking at these materials right now because of the nature of this search and the misrepresentations, frankly, that we're getting from the DOJ about why they did the search and even how they conducted it," Trusty announced on the Mark Levin Show.

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