What we don't know is what prompted the FBI to request the warrant. Maybe we should have a look at the affidavit, right?
archived 15 Aug 2022 21:25:07 UTC
archive.ph
Hmmm, why is the DOJ so afraid of letting us do that? Can you say "inadequate predicate?"
Generally the affidavit for a search warrant is not released until someone has been arrested and arraigned. In this case the DOJ has filed a document that asserts there is an ongoing investigation that would be compromised by releasing the contents of that affidavit at this point and revealing the identities of witnesses whose testimony has supported the search warrant.
Usually this information is revealed to defendants at the discovery phase of a pre trial setting. There will be a hearing on Thursday regarding the release of this document. The DOJs position is that releasing this document at this time will seriously compromise an on going investigation or investigations. Trump’s defense position is that he would like to find out who inside his circle has provided information to the DOJ and or FBI. The request to release the affidavit is fairly common as is the DOJs position regarding protecting their investigation.
As one who has dealt with issues like this dozens of times as an investigator for defense attorneys, I can tell you that it’s not easy to force federal or state law enforcement agencies to reveal their sources and the identities of their witnesses or informants until at least discovery. Even then, these documents are more often than not heavily redacted.
If they do decide to voluntarily release this information to the public it’s usually bad news for the defendant. If I were Trump, I would be very careful what I wished for. That said, acting like the DOJ is being unfair or treating Trump differently than they would treat any other subject of a search warrant is pure bullshit. So far this routine search warrant has been executed nicely and everything since has been pretty normal.