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Parley

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DOJ admits to over-collecting evidence in raid, offers to return Trump passports

FBI agents may also have mistakenly collected privileged documents and plan to return those.

In an acknowledgment the FBI over-collected evidence during the Mar-a-Lago raid, the Justice Department informed Donald Trump's team Monday that agents seized the former president's passports and are obligated to return them, Just the News has learned.

The department was making plans Monday evening to return the passports and has also alerted defense lawyers the FBI may have obtained materials covered by various privileges that will be returned in the next two weeks, two sources told Just the News.

DOJ has designated a process for separating materials that could be covered by executive privilege or attorney client privilege, the sources said.

"Occasionally a warrant collection can grab things outside the scope authorized by the court and the department is now following a procedure we would for any person affected this way," one official said Monday night.

The sources spoke only on the condition of anonymity because the communications between the two sides are confidential.

The revelation came as Trump lawyers are discussing whether to go to court to demand a special legal officer be designated to review Trump evidence that was seized that was outside the scope of the warrant.

A former senior FBI executive said it was surprising that agents collected evidence outside the scope of the warrant because it was already worded unusually broad, unlike most warrants he said during his tenure.

"Trump’s attorneys could have a runway to argue the scope of the search is overly broad," retired Assistant FBI Director Kevin Brock said. "Search warrants normally require a level of specificity that seems to be missing in this warrant. Specificity is important in order to protect 4th Amendment rights from exuberant government overreach designed to find whatever they can."

Judicial Watch President Tom Fitton, whose conservative watchdog regularly sues the government to release documents and is seeking to compel release of documents in the Trump search, said the government's first court filings appear to describe an overly broad search that went far beyond classified records.

"They were engaged in a fishing expedition, and the warrant itself wasn’t about classified information, though it mentioned it," Fitton told Just the News. "It talked about all sort of other documents. It basically gave the FBI carte blanc to anything they wanted from the Trump home.

"And the fact that a judge signed off on it is very troubling," he added.

DOJ admits to over-collecting evidence in raid, offers to return Trump passports | Just The News

Comment from another forum: "So not only did you raid the house of a former President of the United States, you ransacked the place for everything that wasn’t f-ing nailed down, did I get that right?"
 

Parley

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Justice Department opposes unsealing Trump FBI raid warrant affidavit

A Justice Department lawyer Monday asked Magistrate Judge Bruce Reinhart to keep sealed the affidavit included with the warrant the FBI used to raid former President Donald Trump's Florida home, Mar-a-Lago, last week, arguing its public release would compromise the investigation.

Reinhart is the judge who approved the FBI's warrant for the raid and later ordered the DOJ to respond to a suit seeking the public release of the warrant. While the warrant ultimately became public, the affidavit remains sealed. The DOJ argues that releasing the document would reveal too many details about the investigation and undercut its efforts.

"If disclosed, the affidavit would serve as a roadmap to the government’s ongoing investigation, providing specific details about its direction and likely course, in a manner that is highly likely to compromise future investigative steps," the Department asserted, according to Spectrum News. "In addition, information about witnesses is particularly sensitive given the high-profile nature of this matter and the risk that the revelation of witness identities would impact their willingness to cooperate with the investigation."

"Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations," they went on. "The fact that this investigation implicates highly classified materials further underscores the need to protect the integrity of the investigation and exacerbates the potential for harm if information is disclosed to the public prematurely or improperly."

Justice Department opposes unsealing Trump FBI raid warrant affidavit | Just The News

My comment: So much for the transparency that was promised by the DOJ.
 

Oceanslider

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DOJ admits to over-collecting evidence in raid, offers to return Trump passports

FBI agents may also have mistakenly collected privileged documents and plan to return those.

In an acknowledgment the FBI over-collected evidence during the Mar-a-Lago raid, the Justice Department informed Donald Trump's team Monday that agents seized the former president's passports and are obligated to return them, Just the News has learned.

The department was making plans Monday evening to return the passports and has also alerted defense lawyers the FBI may have obtained materials covered by various privileges that will be returned in the next two weeks, two sources told Just the News.

DOJ has designated a process for separating materials that could be covered by executive privilege or attorney client privilege, the sources said.

"Occasionally a warrant collection can grab things outside the scope authorized by the court and the department is now following a procedure we would for any person affected this way," one official said Monday night.

The sources spoke only on the condition of anonymity because the communications between the two sides are confidential.

The revelation came as Trump lawyers are discussing whether to go to court to demand a special legal officer be designated to review Trump evidence that was seized that was outside the scope of the warrant.

A former senior FBI executive said it was surprising that agents collected evidence outside the scope of the warrant because it was already worded unusually broad, unlike most warrants he said during his tenure.

"Trump’s attorneys could have a runway to argue the scope of the search is overly broad," retired Assistant FBI Director Kevin Brock said. "Search warrants normally require a level of specificity that seems to be missing in this warrant. Specificity is important in order to protect 4th Amendment rights from exuberant government overreach designed to find whatever they can."

Judicial Watch President Tom Fitton, whose conservative watchdog regularly sues the government to release documents and is seeking to compel release of documents in the Trump search, said the government's first court filings appear to describe an overly broad search that went far beyond classified records.

"They were engaged in a fishing expedition, and the warrant itself wasn’t about classified information, though it mentioned it," Fitton told Just the News. "It talked about all sort of other documents. It basically gave the FBI carte blanc to anything they wanted from the Trump home.

"And the fact that a judge signed off on it is very troubling," he added.

DOJ admits to over-collecting evidence in raid, offers to return Trump passports | Just The News

Comment from another forum: "So not only did you raid the house of a former President of the United States, you ransacked the place for everything that wasn’t f-ing nailed down, did I get that right?"
How do they know that they are privileged documents? Did they read them? 20 clowns 9 hours to remove what 15 boxes from his personal residence (we only hire the best for USA intelligence). I could have looked over and probably read all 15 boxes myself on the spot in less time than that.
 

Smilingreen

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Justice Department opposes unsealing Trump FBI raid warrant affidavit

A Justice Department lawyer Monday asked Magistrate Judge Bruce Reinhart to keep sealed the affidavit included with the warrant the FBI used to raid former President Donald Trump's Florida home, Mar-a-Lago, last week, arguing its public release would compromise the investigation.

Reinhart is the judge who approved the FBI's warrant for the raid and later ordered the DOJ to respond to a suit seeking the public release of the warrant. While the warrant ultimately became public, the affidavit remains sealed. The DOJ argues that releasing the document would reveal too many details about the investigation and undercut its efforts.

"If disclosed, the affidavit would serve as a roadmap to the government’s ongoing investigation, providing specific details about its direction and likely course, in a manner that is highly likely to compromise future investigative steps," the Department asserted, according to Spectrum News. "In addition, information about witnesses is particularly sensitive given the high-profile nature of this matter and the risk that the revelation of witness identities would impact their willingness to cooperate with the investigation."

"Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations," they went on. "The fact that this investigation implicates highly classified materials further underscores the need to protect the integrity of the investigation and exacerbates the potential for harm if information is disclosed to the public prematurely or improperly."

Justice Department opposes unsealing Trump FBI raid warrant affidavit | Just The News

My comment: So much for the transparency that was promised by the DOJ.
So, in so many other words, it's just a game they are playing. They have nothing on Trump and if they released the affidavit, they would expose themselves that their warrant was totally unjustified. I can smell a bluff a country mile away. If you got the goods on Trump, then indict him.....now. If you don't have anything, then keep drawing out this little game you are playing while you make up some more "trumped" up charges.
 
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What do you honestly think will happen here?
Not a whole lot, honestly. The FBI is corrupt and politically biased.
Letters from Congress critters don't seem to concern them too much.

Where they need to be concerned is Trump's RICO case against the DNC.
It claims the DoJ and FBI are part of the DNC racketeering organization.
 
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Justice Department opposes unsealing Trump FBI raid warrant affidavit

A Justice Department lawyer Monday asked Magistrate Judge Bruce Reinhart to keep sealed the affidavit included with the warrant the FBI used to raid former President Donald Trump's Florida home, Mar-a-Lago, last week, arguing its public release would compromise the investigation.

Reinhart is the judge who approved the FBI's warrant for the raid and later ordered the DOJ to respond to a suit seeking the public release of the warrant. While the warrant ultimately became public, the affidavit remains sealed. The DOJ argues that releasing the document would reveal too many details about the investigation and undercut its efforts.

"If disclosed, the affidavit would serve as a roadmap to the government’s ongoing investigation, providing specific details about its direction and likely course, in a manner that is highly likely to compromise future investigative steps," the Department asserted, according to Spectrum News. "In addition, information about witnesses is particularly sensitive given the high-profile nature of this matter and the risk that the revelation of witness identities would impact their willingness to cooperate with the investigation."

"Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations," they went on. "The fact that this investigation implicates highly classified materials further underscores the need to protect the integrity of the investigation and exacerbates the potential for harm if information is disclosed to the public prematurely or improperly."

Justice Department opposes unsealing Trump FBI raid warrant affidavit | Just The News

My comment: So much for the transparency that was promised by the DOJ.
What this says so very clearly is:
a) our source is completely unreliable and totally compromised
b) "the government's ongoing investigation" is a sham, it's a crap-shoot
c) "impact [the witness'] willingness to cooperate" (see item a above)
d) "highly classified materials" is bullshit, they docs are no longer classified

When they use buzz/trigger words/phrases like "exacerbates" and "potential for harm" and "prematurely or improperly" they're blowing thick smoke up everyone's asses. They've got nothing, they're afraid Trump has the evidence against them, and they went fishing for it. Now they've got egg all over their faces, no evidence, and a whole lot of public hatred pointed their way.

Tell me again how this hurt DJT in any way?
 
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Trump’s passports returned after Mar-a-Lago search, DOJ official says

Passports belonging to Donald Trump have been returned to the former president after last week's FBI search of his Mar-a-Lago home, a Justice Department official told NBC News on Monday. The FBI acknowledged it had had the passports the same day Trump said on his social media platform that FBI agents who conducted the search on Aug. 8 took them.

In a statement on Truth Social, Trump said agents "stole my three Passports (one expired), along with everything else." He did not provide further details or specify whether the travel documents were personal or government passports. (Presidents receive diplomatic passports when they take office.)

A Justice Department official said Trump's passports have been returned.

A representative for Trump did not immediately respond to a request for comment.

A property receipt from the FBI search of Trump's estate in Palm Beach, Florida, showed that federal investigators recovered a trove of top secret and other heavily classified documents but did not mention any passports.

In court documents made public with the property receipt, investigators said they were searching for evidence of crimes that included withholding “any government and/or Presidential Records” from Trump’s time in office.

https:/www.msn.com/en-us/news/politics/trump-e2-80-99s-passports-returned-after-mar-a-lago-search-doj-official-says/ar-AA10Hx7T


My comment:
So, they took personal documents unrelated to the search warrant, and did not document them on the property receipt. They fucked up, and they know it.
 
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Alleged Passport Seizure at Mar-a-Lago
Could Undermine Trump’s Civil Rights


Joel B. Pollak 15 Aug 2022


President Donald Trump’s claim that his “passports” were seized in the FBI raid on Mar-a-Lago last week could have major legal implications for any investigation into him: it could mean his Fourth Amendment rights were violated in the search.

As Breitbart News reported earlier Monday, former President Trump announced on Truth Social: “In the raid by the FBI of Mar-a-Lago, they stole my three Passports (one expired), along with everything else. This is an assault on a political opponent at a level never seen before in our Country. Third World!”

The unusual — and perhaps accidental — taking of Trump’s passports could mean that the Department of Justice (DOJ) would be unable to use at least some of the materials seized in the the raid in any prosecution of the former president. Already, it has risked violating his Sixth Amendment rights by seizing materials that may including privileged attorney-client communications, which are meant to be shielded from investigations.

The Fourth Amendment reads:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Typically, an individual’s passport would not be subject to seizure unless there were reason to believe he or she was a flight risk. An order authorizing the seizure of a passport would have to be approved by a court in most circumstances.

The search warrant under which FBI agents conducted the raid, with the approval of Attorney General Merrick Garland, does not list Trump’s passports as within the scope of the search; nor does it list the passports in the property register of seized items.

Trump could make a reasonable case in court that his Fourth Amendment rights have been violated, forcing the return of his passports, at the very least. A finding that the search exceeded the warrant could also affect its future use in court. However, the Department of Justice would still likely try to use information it obtained in the search to guide other investigations. The Trump team, or whoever was targeted in those investigations, would have to convince a court to exclude that subsequent evidence as “fruit of the poisonous tree” — i.e. information that was obtained only as a result of a violation of civil rights.

It is unclear which “passports” Trump has — whether a regular U.S. passport and a diplomatic one, or a foreign passport in addition to his U.S. passport. Trump’s grandfather was born in Germany, theoretically qualifying him for an EU passport.

Update: The DOJ claimed Monday evening that it was not in possession of Trump’s passports:

https:/www.breitbart.com/politics/2022/08/15/alleged-passport-seizure-at-mar-a-lago-could-undermine-trumps-civil-rights/
 

Gargoile

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My comment:
So, they took personal documents unrelated to the search warrant, and did not document them on the property receipt. They fucked up, and they know it.
That is why they do not want to unseal the warrant request for the FOIA's as it will show only the items they were looking for. By keeping it sealed everything remains under the fog of the warrant.
 
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