DOJ Objects to Public Disclosure of Trump Raid Affidavit
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The Justice Department said on Monday that it will object to the public disclosure of an FBI affidavit used to obtain a warrant for the raid of former president Trump’s Florida residence.
In a court filing submitted Monday, obtained by Politico, federal prosecutors said they would deny any petition to unseal the law-enforcement affidavit detailing the probable cause for the search of Mar-a-Lago. Signed by Jay Bratt, the head of the DOJ’s counterintelligence office, and Juan Antonio Gonzalez, the U.S. attorney for the Southern District of Florida, the filing argued that the release would interfere with the ongoing criminal investigation into Trump’s alleged mishandling of classified White House documents.
“If disclosed, the affidavit would serve as a roadmap to the government’s ongoing investigation, providing specific details about its direction and likely course, in a manner that is highly likely to compromise future investigative steps,” it said.
The DOJ noted that the version of the affidavit that would be made public would have many omitted details and therefore “would not serve any public interest.”
“As the Court is aware from its review of the affidavit, it contains, among other critically important and detailed investigative facts: highly sensitive information about witnesses, including witnesses interviewed by the government; specific investigative techniques; and information required by law to be kept under seal pursuant to Federal Rule of Criminal Procedure 6(e),” the filing read.
The DOJ said the disclosure could jeopardize the probe by revealing certain information about witnesses who are involved.
“The affidavit supporting the search warrant presents a very different set of considerations,” it added. “There remain compelling reasons, including to protect the integrity of an ongoing law enforcement investigation that implicates national security, that support keeping the affidavit sealed.”
Prosecutors however did agree to release other documents such as cover sheets for the initial search-warrant application, the government’s motion to seal the warrant, and the sealing order issued by U.S. magistrate judge Bruce Reinhart. Attorney General Merrick Garland said last week that he “personally approved” the search, for which the DOJ ordered 30 agents to Trump’s home in pursuit of certain materials.
The warrant and a list of the materials confiscated from the estate were released by the federal district court in Florida on Friday in response to Garland’s request and public urging. FBI agents reportedly retrieved eleven sets of documents, 20 boxes’ worth, including one set labeled “Various classified/TS/SCI documents,” four sets of top-secret documents, three sets of secret documents, and three sets of confidential documents. The FBI also left with binders of photos, a handwritten note, the executive grant of clemency for Roger Stone, and information about the president of France, a list shows.
Three possible criminal charges against the former president were outlined in the warrant, including an alleged violation of the Presidential Records Act, misuse of classified information, and obstruction of justice.
Trump said he had been negotiating and complying with authorities for months to return certain missing presidential records, making the sudden scouring of his estate seemingly unmerited.
