2 years ago
WEST PALM BEACH, Fla. — The federal judge who authorized the search warrant of former President Donald Trump’s private residence is hearing arguments on Thursday over whether to release the affidavit that details the Department of Justice's rationale for the unprecedented search.
While the affidavit is unlikely to be released publicly, Magistrate Judge Bruce Reinhart is expected to discuss the warrant for the first time since the FBI searched Trump’s Mar-a-Lago estate and seized more than a dozen boxes of documents, including classified information. Even if he opts against releasing it, Reinhart, who has seen the affidavit and found it created probable cause for the search, may provide insight about the document’s contents.
A wide array of media organizations has asked Reinhart to unseal the affidavit, citing the extraordinary public interest, but proposing redactions as necessary to protect the integrity of the investigation. Justice Department prosecutors have argued that the redactions would need to be so extensive as to render the affidavit useless.
Reinhart has been the target of an onslaught of threats and antisemitic attacks directed at him. It’s possible he could address the extreme rhetoric that has come from some allies of the former president. In the federal court system, magistrate judges such as Reinhart are appointed by district court judges. He has held his post since 2018.
Some Republican lawmakers have harshly criticized Reinhart and accused him, without basis, of bias against Trump. Trump and his allies have also assailed the FBI for alleged political motivations in the search of Mar-a-Lago, and have asserted, without evidence, that materials were planted there. Trump’s attorney and family members have indicated that the former president and his allies watched the search unfold remotely via Mar-a-Lago’s security cameras.
Trump attorney Christina Bobb was spotted at the courthouse on Thursday, though the former president’s attorneys weren’t expected to offer any arguments. It’s unclear whether Reinhart will invite attorneys for Trump to address the court. Bobb told reporters she was there to observe.
Trump has repeatedly ratcheted up his attacks against the FBI even as the agency has warned of a barrage of violent threats to personnel. An armed man was shot and killed by police last week after he attempted to attack an FBI office in Cincinnati, and a Pennsylvania man was arrested earlier this week after threatening to kill FBI agents.
In court filings, the Justice Department has argued against unsealing the underlying affidavit related to the search warrant, citing potential harm to the department’s ongoing criminal investigation and risks to “highly classified” information. Doing so could hurt the cooperation of witnesses, provide a “roadmap” to the investigation and compromise future steps, DOJ has said.
Instead, DOJ has asked the judge to unseal another set of filings related to the warrant, including a cover sheet, the Justice Department’s Aug. 5 motion to seal the warrant and the judge’s order granting that motion.
Media outlets and the conservative advocacy group Judicial Watch have argued for the unsealing of the affidavit — which will include an FBI agent’s sworn statement of probable cause for the search — citing the public interest in the disclosure. In a Wednesday filing, a group of media organizations, including CNN, CBS and McClatchy, argued the public had a clear interest in viewing the affidavit given the intense attention on the search and the historic nature of the event. Judicial Watch and the media organizations agreed that certain redactions to the affidavit would likely be necessary to preserve the Justice Department’s legitimate interests in the ongoing investigation.
The Justice Department’s vehement opposition to releasing more details about the investigation into the documents housed at Mar-a-Lago could complicate oversight efforts on Capitol Hill, where several top lawmakers have already demanded a range of information from DOJ and intelligence officials. It’ll ultimately be up to Reinhart or a more senior judge or court to decide whether Congress can obtain the affidavit and other materials.
The Senate Intelligence Committee’s chairman, Sen. Mark Warner (D-Va.), and vice chairman, Sen. Marco Rubio (R-Fla.), have already asked the Justice Department to provide copies of all of the classified material that was seized from Mar-a-Lago. They also asked that the Office of the Director of National Intelligence draw up an “assessment of potential risks to national security,” a committee spokesperson said.
So far, it’s the only bipartisan oversight request related to the search of Trump’s Florida residence. But the executive branch has historically resisted congressional inquiries about ongoing law-enforcement actions, arguing that it could compromise the investigation. The Justice Department made a similar argument earlier this week when prosecutors explained why they opposed the release of the affidavit of probable cause.
Some lawmakers are confronting that precedent head-on. Sen. Lindsey Graham (R-S.C.), for example, said that, in addition to releasing the search warrant, the Justice Department also should have explained why it was necessary to execute a search warrant on Trump’s home.
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