Judge Rejects Department of Justice’s Argument to Seal Entire Mar-a-Lago Affadavit – Opinion

In a Monday morning ruling, the Department of Justice lost its bid to keep the Mar-a-Lago raid affidavit sealed, with the presiding judge calling the raid “unprecedented” and giving the DOJ until later this week to offer redactions.

The ruling, which was expected but not formally handed down until today, takes note of the historical nature of the raid of a former President’s home.

“Particularly given the intense public and historical interest in an unprecedented search of a former President’s residence,” Judge Bruce Reinhart wrote, “the Government has not yet shown that these administrative concerns are sufficient to justify sealing.”

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Reinhart said he has given the Justice Department an “opportunity to propose redaction,” something he granted last week, giving the government a deadline of Thursday, Aug. 25 at noon.

“Accordingly, it is hereby ORDERED that by the deadline, the Government shall file under seal a submission addressing possible redactions and providing any additional evidence or legal argument that the Government believes relevant to the pending Motions to Unseal,” the motion states.

Reinhart, during a highly anticipated hearing in the West Palm Beach Division of Florida last Thursday, said that the entire affidavit should not be kept under seal, despite the Justice Department’s argument that the release would jeopardize future steps in the investigation and provide a “roadmap” for the probe.

Now, it’s still likely that the Justice Department’s redactions could render what is released meaningless, but the ruling is a victory in attempting to expose the rationale behind the raid. Multiple reports have provided details about what the FBI wanted, while Republicans demanded more information regarding the extraordinary nature of the raid.

If the Justice Department submits redactions that the judge feels aren’t proper, he will offer his own redactions. However, the DOJ can object to the judge’s determination of what should or shouldn’t be redacted. According to the FBI, they fear that making public details about their investigation will impact their investigation. This is especially true if it concerns interviewing people of interest.

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