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grantcart

(53,061 posts)
Mon Aug 8, 2022, 11:09 PM Aug 2022

Why execute the search warrant today

There had to be some trigger that would ignite FBI and the Judge to move quickly.

The most logical reason would be that the evidence was about to be destroyed and a sopeana/negotiation would be ineffective.

If that is true then the most likely scenario is that Trump's attorney warned of legal liability and Trump told him "Fine empty the safe and burn it."

I can see one of Trump's attorney's worried about his own legal liability and tipped off the FBI and warned that the documents might be destroyed at any time.

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Why execute the search warrant today (Original Post) grantcart Aug 2022 OP
Why not today? onenote Aug 2022 #1
Because the judge would only agree to a SW if there was evidence grantcart Aug 2022 #4
They don't have to prove no other avenue was available to get a warrant. Nevilledog Aug 2022 #5
They have to prove whatever points the judge puts forth grantcart Aug 2022 #7
Depends on the judge and the jurisdiction. Nevilledog Aug 2022 #11
Here's the relevant rule. Where does it impose any such requirement? onenote Aug 2022 #6
At no point did I suggest it was "no knock" warrant grantcart Aug 2022 #8
Maybe just a simple window of opportunity? madamesilverspurs Aug 2022 #2
Im kinda worried about the SS getting a heads up prodigitalson Aug 2022 #9
I thought DOJ and trump were in talks scipan Aug 2022 #13
'Quickly?' elleng Aug 2022 #3
I suspect a bit of urgency. usonian Aug 2022 #10
Or he was about to sell something. Bev54 Aug 2022 #12
Probably the opportune moment. Xolodno Aug 2022 #14
easier task when he's not home ZonkerHarris Aug 2022 #15

onenote

(42,714 posts)
1. Why not today?
Mon Aug 8, 2022, 11:12 PM
Aug 2022

If not today, when? It's not as if there is a requirement that they wait until the sought after fruits of the search are about to disappear.

Presumably, they have spent some time compiling the case for getting a judge to issue the warrant. Once it was issued, there would be good reason to execute it promptly.

grantcart

(53,061 posts)
4. Because the judge would only agree to a SW if there was evidence
Mon Aug 8, 2022, 11:19 PM
Aug 2022

That no other avenue was possible. It seems to me that there would have to be some evidence that there was evidence that ANY delay could mean that the evidence might not survive.

Just my guess.

Nevilledog

(51,122 posts)
5. They don't have to prove no other avenue was available to get a warrant.
Mon Aug 8, 2022, 11:22 PM
Aug 2022

But...Getting a no knock warrant supports the idea that evidence was being or going to be destroyed.

grantcart

(53,061 posts)
7. They have to prove whatever points the judge puts forth
Mon Aug 8, 2022, 11:40 PM
Aug 2022

I have had the opportunity to see a Sheriff try and get a simple SW at a very low judicial level (many times) and was astonished how much details a judge requires for a run of the mill SW. For example after a hot pursuit the Sheriff wanted a SW for the man's car and home (he had avoided the police cars and arrived 2 minutes before) the police. The judge OK the SW for the car but not the house because no one saw the alleged driver going into the house even though they could see him in the window.

Judges take the responsibility of approving SW very seriously and are not inclined to approve if another option is likely to obtain the same result.

I am 100% sure that in this case the judge was convinced that no other avenue could guarantee the safety of the evidence. If a judge agreed to a SW and there was evidence of a good faith effort to comply with an official request then the judge could face serious disciplinary action, everyone is accountable.

Nevilledog

(51,122 posts)
11. Depends on the judge and the jurisdiction.
Mon Aug 8, 2022, 11:54 PM
Aug 2022

Practiced criminal law for 27 years. Bare bones warrants were routinely signed. Regardless, you know this warrant will be the most thoroughly vetted warrant in the history of warrants.

It's not up to the judge to decide if there are other avenues that law enforcement can use before getting a warrant. It's law enforcement's choice. Requesting a no knock warrant would call for more inquiry from a judge, but law enforcement is under no obligation to ask a suspect for voluntary cooperation or for subpoena compliance.

onenote

(42,714 posts)
6. Here's the relevant rule. Where does it impose any such requirement?
Mon Aug 8, 2022, 11:25 PM
Aug 2022
https://www.law.cornell.edu/rules/frcrmp/rule_41


What it does do, however, is require that the warrant be executed within 14 days of being issued, which doesn't seem all that urgent.

And apart from Trump calling the FBI's action "unannounced" what is the evidence that it was a "no knock" raid?

madamesilverspurs

(15,805 posts)
2. Maybe just a simple window of opportunity?
Mon Aug 8, 2022, 11:15 PM
Aug 2022

Could be that with Trump out of town his most loyal SS were with him and not at Mar a Lago where they might have run interference. Just a thought.


.

elleng

(130,974 posts)
3. 'Quickly?'
Mon Aug 8, 2022, 11:15 PM
Aug 2022

I suspect the Feds have sought the docs, whatever they are, for a long time, trmps have failed to provide them, and finally decision-maker(s) said ENOUGH.

usonian

(9,815 posts)
10. I suspect a bit of urgency.
Mon Aug 8, 2022, 11:51 PM
Aug 2022

Remember all the crap Merrick Garland's been getting here about dragging the DOJ's ass?

I am guessing something along the lines of a tip regarding destruction of documents, an anticipated meeting with some foreign diplomat (Vlad is hurting, he needs some critical information, or perhaps the Chinese tipped that they know something that they shouldn't otta know?) or some shady people trailing Orbán ...

WAIT!

https://www.cbsnews.com/news/viktor-orban-christian-politician-racist-cpac/
A day before his appearance at CPAC, Orbán and his delegation met with former President Donald Trump at his golf club in Bedminster, New Jersey.

THAT shady person. (check Orbán's bags, screw diplomatic immunity!)

And who knows what else?

Xolodno

(6,395 posts)
14. Probably the opportune moment.
Tue Aug 9, 2022, 06:21 PM
Aug 2022

FBI vs. Secret Service? Who has jurisdiction? The FBI no doubt has it, but, the SS follows orders from the holder of said evidence. He was out of town and it created the perfect opportunity to get the warrant, execute it and leave without any conflict.

This has never been done before, so they had to take extra precautions and do things that did not create any heat.

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