What Does the Unsealed Affidavit Mean for the Trump Team

Judge’s Decision Has Big Implications

(RepublicanNews.org) – The August 8 FBI raid on former president Donald Trump’s home was one of the most controversial events of the Biden administration. Many conservatives saw it as a political attack aimed at derailing a potential 2024 Trump campaign. Now the Justice Department has been forced to unseal the affidavit that justified the search warrant — and it looks like those conservatives could be right.

"Unsealed Mar-a-Lago search warrant affidavit reveals the government has no case against Trump" (@TheHillOpinion) https://t.co/nPRcnAAEd8 pic.twitter.com/b7iIAbNuj7

— The Hill (@thehill) August 28, 2022

Every American is protected from unreasonable search and seizure by the 4th Amendment. A legal search needs a warrant, which will only be issued if cops can show probable cause. The DoJ obtained the paperwork to scour Mar-a-Lago by presenting an affidavit containing their justification — and, since then, they’ve been trying to keep that submission sealed. On August 26 Judge Bruce Reinhart, who issued the warrant, ordered the DoJ to unseal a redacted version of the document. According to Kevin Brock of The Hill, it’s not looking good for probable cause.

The only substantial argument in the affidavit comes from the National Archives, who are convinced Trump was holding documents it believes are presidential records. The problem is it isn’t up to the National Archives to decide what’s a presidential record. It’s up to the commander in chief, and Trump’s legal team insists that before leaving office, he declassified all the documents that went to Mar-a-Lago and ruled that they’re not presidential records. The affidavit doesn’t establish reasonable grounds to believe a crime has been committed because possession of classified or restricted documents is only a crime if you’re not authorized to possess them — and Trump, as president, was authorized.

Is it possible the redacted parts of the affidavit contain some earth-shattering revelation that would have justified the search? Yes, but it isn’t likely. Usually, only confidential details of informants or evidence-gathering techniques are redacted, and those won’t contain the smoking gun it turns out the DoJ doesn’t have.