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A federal judge has called the FBI’s raid on former President Donald Trump’s Mar-a-Lago home “unprecedented” and formally rejected the Justice Department’s request to keep the affidavit leading to the search under seal.
Judge Bruce Reinhart made the ruling during a hearing on Monday, saying that the DOJ had failed to show why the affidavit should remain sealed. The judge also said that the DOJ had not provided any new information that would warrant keeping the document secret.
Trump has denounced the raid as a “witch hunt” and an “attack on our country.”
The DOJ had argued that the affidavit should remain sealed because it contains sensitive information that could jeopardize the ongoing investigation. But Reinhart said that the DOJ had not provided any specific examples of how releasing the affidavit would harm the investigation.
Reinhart said that the DOJ had failed to show how the release of the affidavit would harm Trump or his family.
“The DOJ has not provided any new information that would warrant sealing the Affidavit at this time,” Reinhart wrote in his order.
The judge also said that the DOJ had “failed to explain how the public’s interest in this case is not outweighed by the president’s privacy interests.”
“This is an unprecedented case,” Reinhart said. “The public has a right to know what the government is doing when it seeks to search the home of a former president.”
The judge’s ruling is a victory for transparency and the public’s right to know what the FBI is doing in its investigation into Trump. It is also a setback for the DOJ, which had argued that the affidavit should remain secret.
The DOJ could appeal Reinhart’s ruling. It is not clear if it will do so.
Judge Reinhart’s full statement read as follows:
“I do not need to reach the question of whether, in some other case, these concerns could justify denying public access; they very well might.
“Particularly given the intense public and historical interest in an unprecedented search of a former President’s residence, the Government has not yet shown that these administrative concerns are sufficient to justify sealing.
“Accordingly, it is hereby ORDERED that by the deadline, the Government shall file under seal a submission addressing possible redactions and providing any additional evidence or legal argument that the Government believes relevant to the pending Motions to Unseal.
“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 after hearing further from the Government.
“Given the intense public and historical interest in an unprecedented search of a former President’s residence, the Government has not yet shown that these administrative concerns are sufficient to justify sealing.
“Given the public notoriety and controversy about this search, it is likely that even witnesses who are not expressly named in the Affidavit would be quickly and broadly identified over social media and other communication channels, which could lead to them being harassed and intimidated.”
I think he has evidence that will send some people to jail.