Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

slater71

(1,153 posts)
Wed Aug 10, 2022, 12:38 PM Aug 2022

I see that the trump attorney's have a copy of the search warrant.

Then someone should tell FOX and the insurrectionist's in congress that Trump`s attorneys are not going to release it. They have been screaming and demanding that the DOJ release it. Maybe they should because if Trump`s attorneys don`t want to release it, then you know something is in it.

8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

2naSalit

(86,743 posts)
2. They should be careful what they wish for...
Wed Aug 10, 2022, 01:06 PM
Aug 2022

If they don't understand due process. I think, someone correct me if need be, the search warrant accompanies any indictments and is not made public until charges are made public.

I think I heard that from, maybe, Glenn Kirschner or someone of that stature last night somewhere.

Novara

(5,849 posts)
4. What I heard was that search warrants aren't normally disclosed until there are indictments
Wed Aug 10, 2022, 01:13 PM
Aug 2022

And then it's the prosecutors who usually do it. I suppose the target of the warrant could release any search warrants but I'm betting there's a lot of incriminating evidence they don't want the public to know. Remember, search warrants - especially at this level - are not issued unless there's probable evidence of a crime.

If this was a politically motivated witch hunt and there was nothing incriminating in the warrant, they'd have released it immediately to show how empty it is. The fact that they haven't done it tells you everything you need to know.

But they'll whine about it anyway.

Torchlight

(3,358 posts)
3. A paralegal neighbor told me if it were in TX, Trump *could* make it public.
Wed Aug 10, 2022, 01:11 PM
Aug 2022

After a search warrant has been executed or 10 days has lapsed since its execution, all documents and records relating to the warrant can be open to the public as a judicial record.

But again, this is TX law-- FL may or may not be different.

rsdsharp

(9,195 posts)
5. This was a federal warrant. The Federal Rules of Criminal Procedure apply.
Wed Aug 10, 2022, 01:27 PM
Aug 2022

State law has nothing to do with it.

Torchlight

(3,358 posts)
6. Does federal law allow those served with awarrant to produce it publicly?
Wed Aug 10, 2022, 01:31 PM
Aug 2022

I don't have firm knowledge one way or the other, and would be thrilled to read the relevant statute.

rsdsharp

(9,195 posts)
7. Ordinarily, the served party can release it, unless all or part of it is sealed.
Wed Aug 10, 2022, 01:47 PM
Aug 2022

The relevant rule is Fed R Crim Pro 41, and of course, the cases construing it.

Jersey Devil

(9,874 posts)
8. Even if the warrant were made public the supporting affidavit would not be
Wed Aug 10, 2022, 01:56 PM
Aug 2022

When a search warrant is executed the target of the warrant gets a copy of the warrant and a receipt (inventory) of the items taken. However, the affidavit submitted to the magistrate who signed the warrant remains secret until there is an indictment and subsequent discovery per court rules, at which time the warrant can be challenged for lack of probable cause, etc.

Interesting that I read an article on Foxnews today that said Trump was not provided with an inventory, which has to be total bullshit, because an inventory is always issues with every warrant.

So not only does Trump have the warrant, but he has a list of all property seized by the FBI and he could release them anytime he wants. I wonder why he hasn't.

Latest Discussions»General Discussion»I see that the trump atto...