Fox News is reporting that the FBI seized packing containers containing attorney-client privileged and doubtlessly government privileged materials throughout its raid Mar-a-Lago. When the raid occurred, I famous that the authorized crew had probably marked materials as privileged on the residence and that the gathering may create a direct battle over such materials. Now, sources are telling Fox that the Justice Department not solely took attorney-client materials however has refused Trump requests for a particular grasp to evaluation the information.

The request for a particular grasp would appear affordable, notably given the sweeping language used within the warrant. It is tough to see what materials couldn’t be gathered beneath this warrant.

Attachment B of the warrant has this provision:

“Any physical documents with classification markings, along with any containers/boxes (including any other contents) in which such documents are located, as well as any other containers/boxes that are collectively stored or found together with the aforementioned documents and containers/boxes; b.. Information, including communications in any form, regarding the retrieval, storage, or transmission of national defense information or classified material”

Thus, the brokers couldn’t solely take a complete field if it contained a single doc with classification markings of any type however may then take all packing containers round that field.

It is no surprise that dozens of packing containers have been seized.

Given that sweeping language (and the varied lawsuits and investigations going through Trump), it could appear affordable to request a particular Justice of the Peace. That is why the reported refusal is so regarding. What is the hurt from such a evaluation? The materials is now beneath lock and key. There is not any approaching deadline in courtroom or referenced grand jury.

Moreover, many have accused the Justice Department of utilizing this search as a pretext. While saying that they have been looking for potential nationwide safety data, critics have alleged that the actual function was to assemble proof that might be used in opposition to Trump in a prosecution over his position in January Sixth riot. I’ve famous that such a pretext could be deeply disturbing given the documented historical past of Justice Department officers deceptive or mendacity to courts in prior Trump-related investigations.  The continuation of such subterfuge might be disclosed in a later oversight investigation.

The use of a particular grasp may have helped quell such claims of a pretextual search. Conversely, the denial of such a protecting measure would gas even larger issues.

The refusal to take this protecting measures is sort of as troubling because the sweeping language within the search warrant itself. We must see the affidavit that led to this search warrant. I’m not going to imagine that the search was unwarranted till I see that proof. However, within the interim, Attorney General Merrick Garland may have allowed lodging that this evaluation to guarantee not simply the Trump crew however the public that the search was not a pretext for looking for different proof like January Sixth-related materials.

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