Trump asks court for neutral oversight of FBI review of Mar-a-Lago files
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Former US president's attorneys say materials taken from Trump's Florida residence were “presumptively” covered by executive privilege and the FBI review should be overseen by a "special master".
The Federal Bureau of Investigation building headquarters as seen in Washington, US, on August 13, 2022.
(AP)
Lawyers for former President Donald Trump have asked a federal judge to prevent the FBI from continuing a review of documents recovered from his Florida estate earlier this month until a neutral "special master" can be appointed.
The attorneys asserted in a court filing on Monday, their first since the FBI search of Mar-a-Lago two weeks ago, that the sets of documents taken from the residence were “presumptively” covered by executive privilege.
“This matter has captured the attention of the American public. Merely ‘adequate’ safeguards are not acceptable when the matter at hand involves not only the constitutional rights of President Trump, but also the presumption of executive privilege,” the attorneys wrote.
Trump's court motion, filed in a federal court in West Palm Beach, Florida, also demanded that the US Justice Department provide him with a more-detailed property receipt outlining the items the FBI seized from his Mar-a-Lago home during its August 8 search, and asked investigators to return any items that were not within the scope of the search warrant.
Separately on Monday, a federal judge acknowledged that redactions to an FBI affidavit spelling out the basis for the search might be so extensive as to make the document “meaningless” if released to the public.
A written order from US Magistrate Judge Bruce Reinhart largely restates what he said in court last week, when he directed the Justice Department to propose redactions about the information in the affidavit that it wants to remain secret. That submission is due Thursday at noon.
Justice Department officials have sought to keep the entire document sealed, saying disclosing any portion of it risks compromising an ongoing criminal investigation, revealing information about witnesses and divulging investigative techniques. They have advised the judge that the necessary redactions to the affidavit would be so numerous that they would strip the document of any substantive information and make it effectively meaningless for the public.
Reinhart acknowledged that possibility in his Monday order, adding, “I may ultimately reach that conclusion after hearing further from the Government.”
READ MORE:US judge to consider partially unsealing affidavit behind Trump home raid
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Call for releasing materials
Several news organizations, including The Associated Press, have urged the judge to unseal additional records tied to this month's search of Mar-a-Lago, when FBI officials said they recovered 11 sets of classified documents, including top secret records, from the Florida estate.
Of particular interest is the affidavit supporting the search, which presumably contains key details about the Justice Department's investigation examining whether Trump retained and mishandled classified and sensitive government records.
Trump and some of his supporters have also called for the document to be released, hoping it will expose what they contend was government overreach.
In his written ruling, Reinhart said the Justice Department had a compelling interest in preventing the affidavit from being released in its entirety. But he said he did not believe it should remain fully sealed, and said he was not persuaded by the department's arguments that the redaction process “imposes an undue burden on its resources."
READ MORE: US Justice Department opposes disclosure of affidavit on Trump's house raid
Source: AP
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