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55
Justice Department opposes release of affidavit justifying FBI search of Trump's Mar-a-Lago home (archive.ph)
posted 3 years ago by altmehere 3 years ago by altmehere +55 / -0
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▲ 26 ▼
– dekachin 26 points 3 years ago +26 / -0

The probable cause declaration is the basis for the search.

there is no legal basis for it to be kept secret, and in fact it must be provided to Trump, since he has a right to attack it as insufficient in a motion to quash for example. it isn't secret information.

Any time I've worked on a criminal case where there are search warrants, the probable cause declaration for the warrant is always included. If you could withhold them, there would be no way to challenge a warrant. It would be a total violation of due process.

"Disclosure at this juncture of the affidavit supporting probable cause would, by contrast, cause significant and irreparable damage to this ongoing criminal investigation."

Bullshit, and even if true: too bad. You need to show your hand to some degree to get the warrant, and Due Process means the other side gets to see it.

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▲ 10 ▼
– ailurus 10 points 3 years ago +10 / -0

It would be a total violation of due process.

Implying that everything they've done to him for the past 6 years hasn't been? I don't doubt you're correct in a legal sense, but that got thrown out when a 100% fabricated dossier was used to spy on a presidential campaign.

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▲ 7 ▼
– Grumman 7 points 3 years ago +7 / -0

"Disclosure at this juncture of the affidavit supporting probable cause would, by contrast, cause significant and irreparable damage to this ongoing criminal investigation."

That's why you're required to disclose it, Stasi scum.

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▲ 6 ▼
– Gizortnik 6 points 3 years ago +6 / -0

"Evidence of our criminal wrong-doing would do serious damage to our illegal investigation! You're honor this is devastating to my case!"

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