US attorney general asks judge to unseal Trump warrant

Getty ImagesCopyright: Getty Images

Judge Bruce Reinhart, who will oversee the unsealing process, has ordered the Justice Department to serve a copy of its motion to unseal the warrant documents immediately.

The Justice Department then must report back to the court and say whether Trump opposes the motion by 15:00 local time (19:00 GMT) on Friday.

What does this mean? That the warrant documents could be unsealed as soon as tomorrow afternoon, unless Trump stands in the way.

Getty ImagesCopyright: Getty Images

In a time of rampant conspiracy theories, there is even more need to clear up what the Justice Department was looking for in Mar-a-Lago and why it took the unprecedented step of searching the home of a former president.

But it is highly unusual for the department to reveal information about ongoing investigations and the attorney general said he was only pushing to unseal the search warrant because he takes threats against members of the FBI seriously.

However, it is hard to see what could be in that warrant that would change the minds of Trump's base, who firmly believe the state is out to get the former president.

As ever, when it comes to all things Trump, most minds in America are already made up.

Needless to say, none of this is normal. It is certainly not how American law enforcement usually operates.

The motion to unseal the warrant is a "strong showing" from the justice department that a crime may have taken place, according to a former federal prosecutor.

Kevin McMunigal, a former prosecutor and law professor at Case Western Reserve University, told the BBC that the motion could be an effort to fight back against the notion that the search was a "fishing expedition" by the FBI.

"The affidavit is what the judge relied on. It's not enough to get a conviction, but it's a strong showing that there was a crime," he said. "It's not an easy thing to get."

He also added that it is "unusual" that officials reportedly visited Mar-a-Lago to discuss the issue with the Trump team ahead of the search warrant being carried out.

US media reported that Jay Bratt, the chief of the counter-intelligence and export control section at the justice department, sat down with Trump's lawyers in early June.

The department has not confirmed Bratt's visit and it is unclear why he would be involved.

"One possibility is that they went and tried to get [the Trump team] to give them the documents back, short of doing a search warrant," McMunigal said.

"Or it could be that by doing that, they got some admission from Trump or other folks that they have stuff or were claiming that they have a right to keep it. It will be interesting to see if he [Bratt] is quoted in the affidavit."

The former president has been posting on his social media platform Truth Social.

"My attorneys and representatives were co-operating fully, and very good relationships had been established," he wrote a short while ago. "The government could have had whatever they wanted, if we had it."

The search of his Florida home on Monday reportedly involved boxes of confidential and classified records from his time in office.

"They asked us to put an additional lock on a certain area - DONE! Everything was fine... and then, out of nowhere and with no warning, Mar-a-Lago was raided," he wrote.

In another post, Trump claims that FBI agents who executed the search went through his wife's cupboards and "rummaged through her clothing and personal items".

Attorney General Merrick Garland defended the FBI agents who carried out the search in his brief remarks, describing them as "dedicated, patriotic public servants".

According to court documents, a judge must respond to the justice department's motion to unseal the Mar-a-Lago search warrant by 25 August.

Donald Trump's lawyers, however, already have a copy of the warrant and could, if they choose, release it to the public at any time.

For this reason, it's still unclear exactly when - and how - the search warrant could be unsealed.

The Department of Justice has filed a motion to unseal documents related to the search of Donald Trump's home - but what does that mean?

Unsealing judicial materials means making them available to the public and the press.

Court documents are typically kept sealed for confidentiality reasons - in this case, it involves a search executed at the residence of a former US president.

At his news conference a short while ago, Attorney General Merrick Garland noted this investigation - like many others that his department has carried out - was being conducted "out of the public eye".

But, he said, Trump not only issued a public statement confirming the search on Monday, but it has also attracted significant interest in the days since.

A federal court must now balance out the intense public attention to the search with Trump's interest in keeping the information confidential.

If the court decides that releasing the search warrant and related documents would not "impair court functions or harm legitimate privacy interests" - it will make the warrant materials public.

The motion to unseal allows, however, for former President Trump to object and effectively block the warrant from being made public.

The unprecedented search of a former president’s home has rocked the US political landscape.

And so, the US newsrooms tuned in to Merrick Garland’s press conference with baited breath, and with all the main TV networks rolling on the live-shot of the empty podium. What would this intervention mean?

At first glance, not a lot.

There was no detail about what the search warrant contained, what was found, or whether it was – as media reports have suggested – an inside Trump source that provided the FBI with the key information.

But not nothing either. The attorney general revealed he had personally authorised the search warrant. And he said that the DOJ is seeking a court order to have the warrant and the list of items taken from Mar-a-Lago made public.

Prosecutors don’t tend to reveal their cards in public during an ongoing investigation – something Garland made clear was for good reason.

But the accusations from the Republican movement - and from Donald Trump himself, of course - that the department is being weaponised by the Democrats, have been damaging.

And without any formal statement, it's a narrative that’s been left largely unchallenged.

This was Garland insisting that far from being an assault on the law, the search was the law taking its proper course.

Here's what we've learned:

• The US attorney general confirmed he personally approved the decision to seek a search warrant of Donald Trump's Florida residence, in what were his first public remarks on the search
• Merrick Garland said the Department of Justice - which he leads - had asked a federal court to unseal the warrant
• Garland said the department does much of its work outside of the public eye, but Trump's comments about the FBI search of his home partially drove his decision to publicly confirm the status of the investigation
• The attorney general said he would not "stand by" while the department and the FBI face criticism over the search by Trump and his allies

It's a short statement, with the US attorney general wrapping up by saying more information will made available at the appropriate time.

A flurry of reporters attempt to get in questions as he walks off stage, but he turns to reply: "This is all I can say at this time."

And that's the end of the statement.

In his remarks, Garland said that attacks on the professionalism of the FBI in the wake of the Mar-a-Lago search warrant were unfounded.

He added that he would "not stand by silently" while their integrity was questioned.

Garland calls FBI and Justice Department employees "dedicated, patriotic public servants" who carry out their work at "great personal risk".

Garland says he personally approved the decision to seek the search warrant used at Mar-a-Lago.

The justice department does not take such a decision lightly, he says.

"Less intrusive means" than a search are used where possible, he adds.

Attorney General Merrick Garland says he has asked a judge to unseal the search warrant used at Mar-a-Lago.

It is his first public confirmation of the search.

He explains that there is "substantial public interest in this matter".

US Attorney General Merrick Garland has just arrived to address the media.

We'll update you with the latest.

BBCCopyright: BBC

We're still waiting for the US attorney general's press conference - it was due to begin about 25 minutes ago.

As soon as it starts we'll bring you the latest - and you can also watch along at the top of this page.

To obtain a search warrant - as happened at Mar-a-Lago on Monday - the FBI must go through a number of steps, with the ultimate aim of convincing a judge that there is "probable cause" that a crime has been committed.

To do so, federal authorities - in this case, the FBI - must present a judge with a written affidavit which outlines the evidence they have and the reason a search is needed.

In many cases, the judge seeks additional information and questions agents under oath about the evidence being presented.

A judge will only sign the search warrant when satisfied that enough evidence exists that a federal crime took place.

In the aftermath of the Mar-a-Lago search, several former agents and officials noted that executing a warrant on a former president's residence would likely have to be approved at the highest levels of the Justice Department.

That department is led by US Attorney General Merrick Garland.

EPACopyright: EPA

Since March 2021, Merrick Garland, 69, has been the US attorney general - the highest law enforcement officer in the government and the principal adviser to the president on all legal issues.

In this position, Garland leads the Justice Department which has responsibilities ranging from counter-narcotics enforcement and running the Bureau of Prisons to counter-intelligence and white-collar crime investigations.

During his tenure, Garland, a former federal prosecutor, has overseen a number of high-profile civil rights investigations and overseen efforts to combat hate crimes, as well as the sprawling Justice Department investigation into the 6 January 2021 riot at the US Capitol.

BBCCopyright: BBC

While we're still not sure what the US attorney general's statement will be about, a White House official has just said they were not given advanced notice of it.

The White House also said earlier this week that President Biden was not given advance warning of the Mar-a-Lago search.

Getty ImagesCopyright: Getty Images

Former President Donald Trump reacted angrily to the search warrant, saying it was “not necessary or appropriate” and characterising it as a political “witch-hunt”.

“Such an assault could only take place in broken, Third-world countries,” he said in a statement following the search. “Sadly, America has become one of those countries, corrupt at a level not seen before.”

A number of Republican officials officials have publicly spoken in defence of Trump after the search, including his former Vice-President Mike Pence.

In a series of Tweets, Pence - who distanced himself from Trump amid speculation he may launch a 2024 presidential run - said he shares “deep concern” over the “unprecedented” search of Trump’s property.

Getty ImagesCopyright: Getty Images

On Monday, the FBI executed a search warrant at former President Donald Trump’s Florida home in Mar-a-Lago.

The search warrant was reportedly linked to an investigation into the handling of classified and sensitive material.

Various US media outlets have reported that Trump, a Republican, allegedly removed classified records from the White House and took them to Mar-a-Lago.

According to Lindsey Halligan, a lawyer for Trump, between 30 and 40 gloved FBI agents and 10 to 15 vehicles - including a rental truck - took part in the search.

So far, neither the FBI or Department of Justice have commented.