DOJ Ordered To Release Certain Part Of Trump's Affidavit

By Emanuel Eisen | Wednesday, 24 August 2022 08:30 PM
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The federal judge presiding the attempt to uncover the affidavit that maintained the FBI raid on Mar-a-Lago issued an order Monday dismissing the government's motivation to keep the entire document hidden and expressed his preference to make public at least some of the information.

Federal Magistrate Judge Bruce Reinhart in his new order opposes the government's argument that "the present record justifies keeping the entire Affidavit under seal."

The judge instead calls for "narrowly tailoring" what is made public and searching for the "least onerous alternatives". This measure could make new information on the government's investigation public within days.

It came in an order where the judge – who signed off the on the FBI's search warrant for parts of the former president's home and golf club – said there is a "significant likelihood" that uncovering it "could then impede the ongoing investigation through obstruction of justice and witness intimidation or retaliation."

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He also said it is likely it "would harm legitimate privacy interests by directly disclosing the identity of the affiant as well as providing evidence that could be used to identify witnesses."

The judge put off a conclusive decision last week and told the government to come back with suggested redactions to the document.

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However, he denied DOJ's claim that putting out an edited version would be meaningless because of all the information that would be blacked out. DOJ said in court last week that doing so would result in a document "devoid of content that would meaningfully enhance the public’s understanding."

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"I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion," the judge said in the order, hedging.

He also said the affidavit in its un-censored form reveals "sources and methods" in the ongoing investigation.

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Trump has been raging since the raid, which has also appeared to trigger support for Trump against potential Republican rivals while sparking a series of fundraising pleas by the former president.

He stressed that "Neither Former President Trump nor anyone else purporting to be the owner of the Premises has filed a pleading taking a position on the Intervenors’ Motions to Unseal," a position that some onlookers have suggested keeps Trump's team from being at the table during the dispute over redactions.

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Procedural papers unsealed last week described an "ongoing investigation," as investigators probe potential obstruction of justice or potential violation of the Espionage Act, which contains sections on willful mishandling or taking of government documents.

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The New York Times on Saturday reported on the messy final days of the Trump White House that came before federal authorities would eventually retrieve 15 boxes of information from Mar-a-Lago. That came before the FBI raid this month.

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