US judge says affidavit used to carry out Mar-a-Lago search is 'reliable'

By Michael Hernandez

WASHINGTON (AA) - The judge who authorized the FBI's search of former President Donald Trump's Mar-a-Lago estate said in court filings on Monday that the underlying evidence used to justify the "unprecedented" action is "reliable."

His comment came ahead of a Thursday deadline for the Justice Department to file a redacted version of the search warrant affidavit, which Magistrate Judge Bruce Reinhart will then review. The affidavit includes sworn information the FBI submitted to establish probable cause for the search to take place.

"Having carefully reviewed the Affidavit before signing the Warrant, I was — and am — satisfied that the facts sworn by the affiant are reliable," Reinhart wrote in a 13-page order. "So, releasing the Affidavit to the public would not cause false information to be disseminated."

Reinhart gave the Justice Department until noon on Thursday to file its redacted version of the affidavit, and acknowledged on Monday the "intense public and historical interest" in the case, which Trump has derided as yet another "witch hunt" against him.

The judge rejected the government's argument that the entire affidavit must remain under seal amid its ongoing investigation, but said that it is possible the redactions would be so extensive that they would render the document "meaningless."

"The Government argues that redacting the Affidavit and unsealing it in part is not a viable option because the necessary redactions 'would be so extensive as to render the document devoid of content that would meaningfully enhance the public’s understanding of these events beyond the information already now in the public record,' Reinhart wrote.

"I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion after hearing further from the Government," he added.

The search of Trump's Florida estate turned up 11 sets of classified materials the president kept from his time in office.

- Investigation

The search warrant that was unsealed on Aug. 12 indicates the FBI is investigating Trump for violations of three federal laws, including the gathering, losing or transmitting of defense information; the concealment, removal, or mutilation generally of official records; and destruction, alteration, or falsification of records in federal investigations.

The warrant authorized agents to seize any related property, including documents, communications and "any government and/or Presidential Records created between January 20, 2017, and January 20, 2021."

The property receipt said that in addition to the classified materials that were taken away, FBI agents retrieved documents that included Trump's order granting clemency to political ally Roger Stone, a "leatherbound box of documents," two binders of photos, a potential presidential record and information regarding the French president.

It did not specify the French leader but was likely referring to Emmanuel Macron who was in office during Trump's term.

Under fire from Trump and his allies, Attorney General Merrick Garland defended the search at Mar-a-Lago in exceedingly rare comments on an ongoing investigation, saying he "personally approved" the decision to seek a search warrant and emphasized the Justice Department "does not take such decision lightly."

The US National Archives and Records Administration retrieved 15 boxes of White House documents in January from Mar-a-Lago, which should have been turned over to the agency when Trump left the White House.

The Archives later notified Congress that the boxes contained "items marked as classified national security information."

In June, federal investigators served Trump with a grand jury subpoena and seized "sensitive national security documents" from Mar-a-Lago, CNN reported.

The search earlier this month was executed because the FBI said it had evidence, including from a witness, that additional materials remained at the exclusive club and ex-presidential residence in Palm Beach, Florida.