Former President Trump’s lawyers argued that his search Mar-a-Lago Property The lawsuit, filed by the Republican Party in August 2022, was without probable cause and violated the constitutional rights of the potential Republican presidential nominee, while federal prosecutors labeled the defense a “conspiracy theory.”
Trump’s lawyers and federal prosecutors appeared in the U.S. District Court for the Southern District of Florida on Tuesday. Judge Aileen Cannon,
Cannon first held a hearing Tuesday morning concerning Trump’s “motion for relief relating to the Mar-a-Lago raid and unlawful violation of attorney-client privilege.”
The hearing took place during a sealed session to protect secret grand jury materials. It is also sealed to protect materials in which Trump claims attorney-client privilege and/or work product protections.
Former President Donald Trump (left) and special counsel Jack Smith. Smith is asking the US Supreme Court to hear his immunity claims in the criminal case against Trump for election interference. (Getty Images)
Cannon later opened the hearing to the public and the press. Tuesday’s hearing focused on the legality of the raid on Trump’s Mar-a-Lago estate by federal agents.
Trump’s attorney Emil Bove argued that the search was too broad, arguing that the Mar-a-Lago property has 58 bedrooms, 33 bathrooms, and that the federal government needed to establish probable cause to search the entirety of the property.
Cannon expressed skepticism and asked Bowe, “What do you mean? It’s a property.”
Bowe reportedly spoke about the areas FBI agents took photos of — areas he said they should not have searched, such as former first lady Melania Trump’s bedroom, the gym, and Barron Trump’s room.
Cannon emphasized this, saying, “You can agree that paperwork is something you can find anywhere.”
Cannon was essentially suggesting that confidential documents could be found anywhere in the home.
Bowe also argued that the government told the magistrate judge who signed the warrant some, but not all, details to FBI agents about where to search during the raid.
Bowe said the FBI agents conducting the searches were in no position to unilaterally decide where to search and what Trump’s personal records were and were not.
A view of former President Donald Trump’s Mar-a-Lago home in Palm Beach, Florida, on Tuesday, Aug. 9, 2022. (Mattias J. Oconer/Miami Herald/Tribune News Service via Getty Images)
Bowe further said there were omissions from the information provided to the magistrate judge, arguing that some FBI agents had said the search was unnecessary and that Trump should have been informed of it.
Bowe said the agents were interested in Trump’s “consent.”
Trump’s legal team repeatedly asked Cannon to schedule a “Franks hearing,” a hearing to explore the admissibility of evidence obtained during a search warrant issued after a magistrate judge was misled. Cannon was skeptical, but said she would consider the motion.
Special counsel Jack Smith, who brought the charges against Trump after months of examining confidential records, was in court on Tuesday.
Federal judge postpones Trump’s classified records trial with no new date
Federal prosecutor David Harbach presented arguments on behalf of the special counsel’s team and told Cannon that the defense in the case needed to provide “substantial evidence” to prove that the court made intentional false statements or ignored the truth in documents provided to the magistrate judge when obtaining the initial search warrant.
Harbach said that a requirement for such a hearing is that there must be allegations of “willful falsehood,” and that must be backed by evidence. Harbach argued to Cannon that Trump’s team had fallen “far short” of those requirements in its filings.
Cannon asked prosecutors about the Trump team’s allegation that there was division within the FBI over whether to give former President Trump an opportunity to “consent” to the search — in other words, to tell him a search was about to take place and to negotiate the terms of turning over documents.
Former President Donald Trump’s Mar-a-Lago resort in Palm Beach, Florida. (Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images)
“Would it make a difference?” Cannon asked.
Harbach responded, “Absolutely not,” and said it was not something a magistrate judge would have considered in regard to probable cause. Harbach also called that argument from the Trump team a “conspiracy theory.”
Harbach said the defense team had not met its burden of proof for the motion and argued they should not be allowed to begin an additional evidentiary hearing. He hoped to be able to call FBI agents to ask about their “mental state” on the day of the Mar-a-Lago raid.
Regarding Trump’s argument that the search of Mar-a-Lago was too broad, Harbach argued that the former president had access to his wife’s quarters as well as his son’s, and said the FBI’s search of those rooms was “clearly within the scope of the warrant.”
Harbach also defended the search, saying there was no “search” of the rooms, and said agents performed their duties “professionally and promptly.”
Harbach argued that there was “reason to believe” that classified documents were at Mar-a-Lago, and that the documents were taken at Trump’s direction. Harbach said that together, these two things were reason enough to search the entire property.
Meanwhile, Trump’s lawyers questioned the fact that documents other than classified records were seized during the raid, including personal documents such as medical and tax records.
Cannon asked why medical records “would need to be seized?”
Harbach replied that this was because the warrant “authorized the seizure of the box … there were all kinds of things in the box.”
Harbach also reported that medical records and passports had been returned to Trump.
Trump’s team had also argued that the FBI had carried out the raid in a haphazard manner, but Harbach told Judge Cannon that was a “lie.”
The Trump team has also said there was no reason for the FBI to bring firearms to Mar-a-Lago, a former president’s estate protected by the Secret Service.
Federal Judge Aileen Cannon. (US Court)
Harbach told Cannon that FBI agents commonly carry firearms and that it was “part of the protocol.”
Bove submitted a rebuttal, in which he again urged Cannon to schedule a hearing to examine issues related to the issuance of the search warrant by the magistrate judge and the execution of the search warrant by the FBI.
“He says there was no search,” Bowe said, pointing to Harbach. “Who says that?”
Bowe said that’s why this situation “requires a hearing.”
“Your challenge is a specificity challenge,” Cannon said. “I don’t see what else should have been there (in the attachments given to the magistrate judge).”
Harbach, meanwhile, accused Trump’s defense lawyers of attempting to “hijack the hearing.”
Cannon responded that there had been no kidnapping, but that the hearing was just about to end.
Harbach then said he wanted to “speak factually about the defense’s strategy,” and accused them of repeatedly trying to use this hearing to make other allegations.
There, Cannon interrupted him and said she would consider the offer.
The hearing comes after Cannon indefinitely postponed Trump’s trial because “numerous and interconnected pretrial” issues remain “remaining and pending.” He said that would be “unwise and inconsistent with the Court’s duty to fully and fairly consider the various pending pretrial motions.”
Cannon did not set a new hearing date.
Click here to get the Fox News app
Trump was exonerated from Smith’s investigation, which accused him of withholding classified material. Trump pleaded not guilty to all 37 felony charges connected to Smith’s investigation, including knowingly withholding national defense information, conspiracy to obstruct justice and making false statements.
Trump was also charged with three additional counts as part of an indictment stemming from the investigation: one count of knowingly withholding national defense information and two counts of obstruction.
Trump argued not guilty,
Fox News’ Jake Gibson contributed to this report.
