Aug 22, 2022
Washington – Judge Bruce Reinhart has rejected an argument from the Department of Justice and admitted the FBI’s raid on former President Donald Trump’s Mar-a-Lago estate was “unprecedented.”
In a Monday morning filing, Reinhart rejected the Justice Department’s argument to keep the affidavit “sealed,” citing the “intense public and historical interest.”
Reinhart wrote that he rejects “the Government’s argument that the present record justifies keeping the entire Affidavit under seal.”
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.
“The Government argues that even requiring it to redact portions of the Affidavit that could not reveal agent identities or investigative sources and methods imposes an undue burden on its resources and sets a precedent that could be disruptive and burdensome in future cases,” Reinhart wrote.
“I do not need to reach the question of whether, in some other case, these concerns could justify denying public access; they very well might.”
“Accordingly, it is hereby order 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.
The judge also reminded that the government or media, the two parties to the suit, can appeal his ruling if one or both object to his proposed redactions, which would remain under seal.
Government prosecutor Jay Bratt last week argued that unsealing the affidavit would “provide a roadmap” of an ongoing investigation still in its early stages.
Bratt also said the country is in a “volatile” state, and he warned that releasing the names of witnesses or FBI agents would “chill” other witnesses who may still come forward.
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