Topline
The Justice Department on Monday asked a federal judge to not unseal the affidavit associated with the search warrant that allowed the FBI to raid former President Donald Trump’s residence at Mar-a-Lago last week, writing that there are “compelling reasons” including matters of national security.
Donald Trump speaks during a retreat with Republican lawmakers at Camp David in Thurmont, Maryland, … [+]
Key Facts
Unsealing the affidavit at this point in time would cause “significant and irreparable damage to this ongoing criminal investigation,” according to the 13-page filing, which was made in response to media outlets requesting that the affidavit be released.
Lawyers wrote that keeping the affidavit sealed is important to “protect the integrity” of the ongoing investigation, which “implicates national security.”
The affidavit, which would typically contain information about evidence collected that would support probable cause needed to secure a search warrant, also includes “highly sensitive” information about witnesses, they said, along with specific investigative techniques.
Witnesses may be “hesitant to come forward voluntarily” knowing that people they testify against would be aware of their testimony or that information they share could be publicized before the beginning of any criminal proceedings, the lawyers wrote.
Crucial Quote
“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,” lawyers wrote in the filing.
Tangent
Attorney General Merrick Garland spent weeks debating whether or not to approve the application for a warrant for the Mar-a-Lago raid, the Wall Street Journal reported Monday. Since the search on Trump’s Florida home, threats made against the FBI have spiked.
Key Background
The Justice Department supported releasing the search warrant itself, which was unsealed on Friday. FBI investigators are focusing on whether Trump violated three federal statutes that broadly prohibit the destruction, removal or mishandling of government documents, according to the warrant. Trump claimed on Monday that during the search the FBI seized three of his passports, which were not mentioned in the warrant or other documents related to the raid released by the department.
Further Reading
Trump Claims FBI Took His Passports In Mar-A-Lago Raid (Forbes)
Search Warrant Unsealed In FBI’s Trump Mar-A-Lago Raid (Forbes)
Mar-A-Lago Raid: FBI Investigating Whether Trump Violated These 3 Statutes (Forbes)
FBI Agents Search Mar-A-Lago In ‘Unannounced Raid,’ Trump Says (Forbes)
Source: https://www.forbes.com/sites/carlieporterfield/2022/08/15/justice-department-opposes-unsealing-trumps-mar-a-lago-search-warrant-affidavit/