Former President Trump scored another win on Monday morning when the court ruled in his favor and rejected Department of Justice (DOJ) arguments that documents used to justify the raid on his home in Mar-a-Lago should remain sealed.
The ruling comes from Magistrate Judge Bruce Reinhart — the same judge who authorized the affidavit and warrant for the search.
Critics of the raid have noted Reinhart’s ties to the notorious Jeffrey Epstein, an accused sexual predator who died while in custody in 2019. Others have questioned whether a judge of Reinhart’s rank had the authority to authorize the warrant.
Under pressure, Reinhart has taken a middle-lane approach to manage the firestorm that resulted from the unprecedented search of Trump’s home.
Reinhart ruled that the affidavit used to justify the raid must be made public, though he left open the door that some portions of the affidavit could be redacted.
According to The Daily Wire, the affidavit notes the “probable cause” that justified what has become known as the August 8 raid on Trump’s home.
According to The Hill, Trump called for the affidavit to be released, but the DOJ refused, arguing it could reveal sensitive information.
Reinhart has indicated he will unseal the affidavit and determine what material should be redacted, writing: “Numerous intervenors … now move to unseal materials related to the search warrant.”
Reinhart also noted that today’s ruling follows an August 12 preliminary order regarding the unsealing of the “warrant package,” which includes the affidavit.
Following the August 12th ruling, the U.S. District Court for the Southern District of Florida released redacted copies of some documents, but not the affidavit.
Reinhart clarified in Monday’s ruling: “All that remains, then, is to decide whether the affidavit should be unsealed in whole or in part. The parties disagree whether a First Amendment right of public access applies to a sealed search warrant and related documents.”
Reinhart, however, tempered Trump’s apparent slam dunk when he warned the First Amendment argument has limits:
“Where a sufficient reason exists, a court filing can be sealed from public view,” he wrote. “Despite the First Amendment right of access, a document can be sealed if there is a compelling governmental interest and the denial of access is ‘narrowly tailored to serve that interest.’”
Reinhart announced he will consider whether the DOJ has a “sufficiently important interest in secrecy that outweighs the public’s right of access.”
Further, Reinhart will determine whether there is a “’less onerous alternative’ to keeping all or parts of the affidavit under seal,” according to the Daily Wire.
The DOJ claims that unsealing the affidavit will put their criminal investigation in jeopardy. Trump’s legal team contends a criminal investigation is not warranted, and unsealing the affidavit will prove embarrassing to the DOJ.
Reinhart acknowledged that material that could jeopardize an investigation could “override the common law right of access.”
The Daily Wire noted that Reinhart also shared several hypothetical reasons for keeping the warrant sealed, including “protecting the privacy of the agent who swore out the affidavit, protecting investigative sources and methods, and even safeguarding the physical layout of Mar-a-Lago on behalf of the Secret Service.”
Reinhart’s ruling also noted that the affidavit involves “matters of significant public concern” and that at least “some portions” must be made available to the public.
Monday’s ruling officially directs the DOJ to submit the affidavit to the court with recommended redactions and arguments defending its reasoning by Thursday, August 25, 12 p.m.
“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,” Reinhart ordered.
Scroll down to leave a comment and share your thoughts.