Oh Trump is in trouble.

volsrock said:
Need to see affidavit. The search warrant affidavit has to be specific not only about the place to be searched, but this purported evidence or criminal activity that forms the basis for the search request. Police can seize only what is described in the warrant, pursuant to the underlying affidavit.
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Starting the back tracking already, I see.
How long before you ask to see the birth certificate of the informant so you can confirm they weren't in the country illegally?
 
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-MJ-8332-BER

IN RE SEALED SEARCH WARRANT
________________________________/
UNITED STATES’ MOTION TO UNSEAL LIMITED WARRANT MATERIALS
On August 8, 2022, the Department of Justice executed a search warrant, issued by
this Court upon the requisite finding of probable cause, see Fed. R. Crim. P. 41(c)(1)-(2), at
the premises located at 1100 S. Ocean Blvd., Palm Beach, Florida 33480, a property of former
President Donald J. Trump.
At the time the warrant was initially executed, the Department provided notice directly
to former President Trump’s counsel. The Department did not make any public statements
about the search, and the search apparently attracted little or no public attention as it was
taking place. Later that same day, former President Trump issued a public statement
acknowledging the execution of the warrant. In the days since, the search warrant and related
materials have been the subject of significant interest and attention from news media
organizations and other entities.
In these circumstances involving a search of the residence of a former President, the
government hereby requests that the Court unseal the Notice of Filing and its attachment
(Docket Entry 17), absent objection by former President Trump. The attachment to that
Notice consists of:
• The search warrant signed and approved by the Court on August 5, 2022, including
Attachments A and B; and

Case 9:22-mj-08332-BER Document 18 Entered on FLSD Docket 08/11/2022 Page 1 of 5

2

• The redacted Property Receipt listing items seized pursuant to the search, filed with
the Court on August 11, 2022.
1

The government will respond to the direction of the Court to provide further briefing as to
additional entries on the docket, pursuant to the schedule set by the Court.
Consistent with standard practice in this Court, the search warrant and attachments
were each filed under seal in Case No. 22-mj-8332-BER prior to the search; the Property
Receipt was filed under seal today. Former President Trump, through counsel, was provided
copies of each of these documents on August 8, 2022, as part of the execution of the search.

Argument

In These Circumstances, the Court Should Unseal the Search Warrant, Including
Attachments A and B, and the Property Receipt, Absent Objection from the Former
President.
The press and the public enjoy a qualified right of access to criminal and judicial
proceedings and the judicial records filed therein. See, e.g., Romero v. Drummond Co., Inc., 480
F.3d 1234, 1245 (11th Cir. 2007); Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d
1304, 1311 (11th Cir. 2001). The unsealing of judicial materials pursuant to the common-law
right of access “requires a balancing of competing interests.” Chicago Tribune Co., 263 F.3d at
1311. “In balancing the public interest in accessing court documents against a party’s interest
in keeping the information confidential, courts consider, among other factors, whether
allowing access would impair court functions or harm legitimate privacy interests, the degree
of and likelihood of injury if made public, the reliability of the information, whether there will

1 The redactions in Docket Entry 17 remove the names of law enforcement personnel who executed
the search from the unsealed materials. For ease of reference, the documents the government seeks
to unseal, in the form to be made available to the public, have been filed under seal as Docket Entry
Number 17.
Case 9:22-mj-08332-BER Document 18 Entered on FLSD Docket 08/11/2022 Page 2 of 5

3

be an opportunity to respond to the information, whether the information concerns public
officials or public concerns, and the availability of a less onerous alternative to sealing the
documents.” Romero, 480 F.3d at 1246.
2
Given the intense public interest presented by a
search of a residence of a former President, the government believes these factors favor
unsealing the search warrant, its accompanying Attachments A and B, and the Property
Receipt, absent objection from the former President.
Although the government initially asked, and this Court agreed, to file the warrant and
Attachments A and B under seal, releasing those documents at this time would not “impair
court functions,” including the government’s ability to execute the warrant, given that the
warrant has already been executed. See Romero, 480 F.3d at 1246. Furthermore, on the day
that the search was executed, former President Trump issued a public statement that provided
the first public confirmation that the search had occurred. Subsequently, the former
President’s representatives have given additional statements to the press concerning the
search, including public characterizations of the materials sought. See, e.g., F.B.I Search of
Trump’s Home Pushes Long Conflict Into Public View, N.Y. Times (Aug. 9, 2022), available at
https://www.nytimes.com/2022/08/09/us/politics/fbi-search-trump.html (“Christina Bobb, a
lawyer and aide to Mr. Trump who said she received a copy of the search warrant, told one
interviewer that the agents were looking for ‘presidential records or any possibly classified
material.’”). As such, the occurrence of the search and indications of the subject matter
involved are already public.

2 In addition, the First Amendment provides a basis for the press and the public’s “right of access to
criminal trial proceedings.” Chicago Tribune Co., 263 F.3d at 1310. However, this Circuit has not
addressed whether the First Amendment right of access applies to sealed search warrant materials.
See, e.g., Bennett v. United States, No. 12-61499-CIV, 2013 WL 3821625, at *3 (S.D. Fla. July 23, 2023)
(“this Court has found no Eleventh Circuit decisions addressing whether a First Amendment right of
access extends to sealed search-warrant affidavits, particularly at the preindictment stage”).
Case 9:22-mj-08332-BER Document 18 Entered on FLSD Docket 08/11/2022 Page 3 of 5

4

This matter plainly “concerns public officials or public concerns,” Romero, 480 F.3d at
1246, as it involves a law enforcement action taken at the property of the 45th President of
the United States. The public’s clear and powerful interest in understanding what occurred
under these circumstances weighs heavily in favor of unsealing. That said, the former
President should have an opportunity to respond to this Motion and lodge objections,
including with regards to any “legitimate privacy interests” or the potential for other “injury”
if these materials are made public. Romero, 480 F.3d at 1246. To that end, the government
will furnish counsel for the former President with a copy of this Motion.

Conclusion

This Court should unseal Docket Entry 17, subject to the presentation of
countervailing interests by former President Trump. A proposed Order is attached herein.

Respectfully submitted,
/s Juan Antonio Gonzalez
JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY
Florida Bar No. 897388
99 NE 4th Street, 8th Floor
Miami, Fl 33132
Tel: 305-961-9001
Email: juan.antonio.gonzalez@usdoj.gov

/s/Jay I. Bratt
JAY I. BRATT
CHIEF
Counterintelligence and Export Control
Section
National Security Division
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
Illinois Bar No. 6187361
202.233.0986
jay.bratt2@usdoj.gov

Case 9:22-mj-08332-BER Document 18 Entered on FLSD Docket 08/11/2022 Page 4 of 5

5
Certificate of Service

I HEREBY CERTIFY that I caused the attached document to be electronically
transmitted to the Clerk’s Office using the CM/ECF system for filing.

/s Juan Antonio Gonzalez
Juan Antonio Gonzalez
United States Attorney
 
T. A. Gardner said:
My bet is, Garland has realized he, the DoJ, and FBI have screwed the pooch on how they went about this raid. Now Garland is scrambling to try and put a fig leaf of credibility on it. If that weren't the case, the warrant wouldn't have been sealed in the first place. The operation wouldn't have been a surprise raid like it was.

If Garland, the DoJ, and FBI can't convince the public-at-large that the raid was on the up and up, they just handed Trump and his wing of the Republican party a huge issue that will cause them to turn out in larger numbers in November. For the Leftists here, that's the reality of this, like it or not.
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:rofl2:

 
T. A. Gardner said:
My bet is, Garland has realized he, the DoJ, and FBI have screwed the pooch on how they went about this raid. Now Garland is scrambling to try and put a fig leaf of credibility on it. If that weren't the case, the warrant wouldn't have been sealed in the first place. The operation wouldn't have been a surprise raid like it was.

If Garland, the DoJ, and FBI can't convince the public-at-large that the raid was on the up and up, they just handed Trump and his wing of the Republican party a huge issue that will cause them to turn out in larger numbers in November. For the Leftists here, that's the reality of this, like it or not.
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And you always claim you're not trying to defend Trump....
 
Jarod said:
The Justice Department moves to un-seal the warrant.


Trump did not want it out or he would’ve put it out. He fucked up!
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Actually twump could fight its release if he wanted to, but so far, I don't think he has.

I saw a short clip of his attorney on Ingraham's show last night. The lawyer did not do good - when asked, "were there secret nuclear documents seized?". The lawyer's answer, "I don't think so.".

She doesn't "think so"? Ok. Right. She knows exactly what was seized, the FBI gave her the fucking inventory.

You are correct. Fat donnie's in deep shit;.
 
Jarod said:
I doubt they’re going to reveal the snitch anytime soon. But I suspect Melania would love to see Trump serving 25 to life
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Ah, yes. I can picture it now.. Melania visiting Donnie in the Fed Pen one last time, bringing with her, her and my new baby.

I can see it happening :)
 
LurchAddams said:
Actually twump could fight its release if he wanted to, but so far, I don't think he has.

I saw a short clip of his attorney on Ingraham's show last night. The lawyer did not do good - when asked, "were there secret nuclear documents seized?". The lawyer's answer, "I don't think so.".

She doesn't "think so"? Ok. Right. She knows exactly what was seized, the FBI gave her the fucking inventory.

You are correct. Fat donnie's in deep shit;.
Click to expand...

He does not have to fight the release, he’s within his rights to simply release it.
 
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