Donald Trump could stop release of FBI search warrant at Mar-a-Lago. What will he do?
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WASHINGTON – It's now largely up to former president Donald Trump to decide whether the public will see the Justice Department's reasons for searching his home in Florida.
Attorney General Merrick Garland announced Thursday the department has filed a motion to unseal the search warrant and property receipt from a search FBI agents conducted Monday at Trump's Mar-a-Lago estate in Palm Beach, Florida.
The search was part of an investigation into allegations that Trump removed classified documents from the White House when he left office.
The latest
The motion: The Justice Department has asked the a judge to unseal the search warrant, attachments and property receipt, which is an inventory of property seized during the search.
The case for unsealing: The motion argues that the public's "clear and powerful interest in understanding what occurred" weighs heavily in favor of unsealing the documents.
Trump could block: The motion opens the door for Trump to stop the documents from becoming public. The Justice Department argues that the records should be made public "absent objection from the former president.”
An opportunity to respond: Trump "should have an opportunity to respond to this Motion and lodge objections, including with regards to any ‘legitimate privacy interests’ or the potential for other ‘injury’ if these materials are made public," the motion says.
What's about to happen
Trump and his lawyers have until 3 p.m. Friday to decide whether or not to oppose the Justice Department's request to unseal the search warrant and related materials.
The decision to unseal ultimately belongs to Magistrate Judge Bruce E. Reinhart, but Trump would complicate things.
Why it matters
Trump and his GOP allies argue the search of his home was "not necessary or appropriate" and claim the FBI is targeting him because he is considering running for president again in 2024.
In the absence of an unsealed warrant or any public official explanation for the search, Trump supporters have called on "defunding the FBI." Some Republican lawmakers have compared the actions of the FBI to undemocratic uses of power in a "banana republic," a wrongful use of the term.
Unsealing the records would show the public what FBI was looking for and what property was seized during the search. And it's important to note that the current FBI director Christopher Wray was appointed by Trump while he was president.
What they're saying
"I personally approved the decision to seek a search warrant in this matter," Garland said, after making the required finding of "probable cause" that a crime had been committed.
“I will not stand by silently when their integrity is unfairly attacked," Garland said of threats against the FBI following the search. "The men and women of the FBI and the Justice Department are dedicated, patriotic public servants. Every day, they protect the American people from violent crime, terrorism and other threats to their safety while safeguarding our civil rights. They do so at great personal sacrifice and risk to themselves. I am honored to work alongside them.”
Even though Trump could try to keep the documents sealed, "the judge has the final decision," said Bradley P. Moss, a national security attorney. "If Trump objects, it will be a really tricky line to walk."
"Trump objecting would certainly delay matters, but the judge has the final decision," said Mark Zaid, an attorney who specializes in national security matters. "From what I understand, the information that is subject to DOJ's motion is largely what Trump and his lawyers already possess. That means any effort to delay or object to release would raise questions of why Trump is hiding the contents."
What are Trump's other legal troubles?
Since 2021, Trump has faced legal scrutiny in at least six independent federal and state inquiries that are both criminal and civil in nature. At least two investigations involve the 2020 election.
A bipartisan House committee is digging into Trump's role in the Jan. 6 Capitol attack. New York's attorney general is investigating the Trump Organization's business practices. The Manhattan district attorney's office also has been probing the Trump Organization. And a federal inquiry into presidential records is ongoing and appears to have prompted the search by the FBI at his Florida estate.
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Contributing: Ella Lee, Josh Meyer
This article originally appeared on USA TODAY: Trump could stop or grant release of FBI search warrant at Mar-a-Lago
