Here’s what the Justice Dept. wants a judge to release after FBI’s Mar-a-Lago search
A federal court in Florida could decide as soon as Friday afternoon whether to grant the Justice Department’s request to unseal a warrant that led to the search of former President Donald Trump’s Mar-a-Lago estate.
The motion filed Thursday, by U.S. Attorney Juan Antonio Gonzalez of the Southern District of Florida, asks the court to unseal the initial search warrant, as well as a redacted return receipt of the motion listing the items obtained in the search. The motion notes that Trump’s legal counsel has already received copies of these documents.
The warrant
Legal experts say that any search warrant — but especially those proposing a search of a highly sensitive subject and property, such as the house of a former president — would include a detailed, specific list of what items law enforcement searched for and where those items were expected to be stored.
In his motion, Gonzalez requested that the court unseal the signed warrant, as well as two sealed attachments.
The probable cause affidavit
Gonzalez did not request to make public the affidavit submitted to the court in pursuit of the search warrant. The affidavit would include the FBI’s explanation for the necessity for the search, and likely methodology and sourcing. The New York Times has filed to intervene in the case, requesting that the court release the affidavit.
The property receipt
Gonzalez requested that the court unseal a motion that includes a redacted list of the items the FBI took from Mar-a-Lago.
The proposed redactions in the motion, according to a footnote, refer to the names of agents who executed the warrant at Mar-a-Lago on Monday, suggesting that much of the rest of the warrant will become public if Gonzalez’s motion is granted.
Less clear
Sources also say that the documents that prompted the search were of a highly classified nature. The New York Times reported on Thursday evening that the records in question contain some of the most sensitive classified documents in the U.S. government, and The Washington Post reported they include material on nuclear weapons.
The motion was signed by the chief of the counterintelligence and export control section of the National Security Division at the Justice Department.
While references to the classification of sensitive material could be included in the warrant, any details on documents related to national security included in the warrant are certain to be redacted.
Trump said shortly after midnight that he wanted the documents released. It is unclear whether his attorneys will relay that position to the Justice Department.
This story was originally published August 12, 2022 at 11:54 AM.
