Today the appeals court essentially said if the search warrant was legally predicated and legally valid, and if the search warrant was used legally, then all the seized documents are valid for the investigative purposes of the DOJ – regardless of their content. The only way to fight the authority of the DOJ seizure is to challenge the legality of the search warrant. However, here’s where things get weird.
President Trump’s lawyers have been: (1) blocked from receiving a non-redacted search warrant; (2) denied access to the underlying probable cause affidavit used to predicate the search warrant, and (3) denied the full contents of the documents that were seized as part of the warrant (they are not allowed to see). Yet somewhere in this convoluted mess, we are supposed to believe a 4th amendment violation doesn’t exist.
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