{"id":1617310,"date":"2022-08-20T08:17:03","date_gmt":"2022-08-20T12:17:03","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1617310"},"modified":"2022-08-20T08:17:16","modified_gmt":"2022-08-20T12:17:16","slug":"trump-announces-major-motion-in-response-to-mar-a-lago-raid","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-announces-major-motion-in-response-to-mar-a-lago-raid\/","title":{"rendered":"Trump Announces \u201cMajor Motion\u201d in Response to Mar-a-Lago Raid"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Ftrump-announces-major-motion-in-response-to-mar-a-lago-raid%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1617310&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Former President Donald Trump announced Friday that a \u201cmajor motion\u201d will soon come following the FBI\u2019s raid on his Mar-a-Lago resort.<\/p>\n<p>\u201cA major motion pertaining to the Fourth Amendment will soon be filed concerning the illegal Break-In of my home, Mar-a-Lago, right before the ever important Mid-Term Elections,\u201d Trump wrote on Truth Social, less than two weeks after the FBI raided his resort in Mar-a-Lago in search of supposedly classified documents.<\/p>\n<p>\u201cMy rights, together with the rights of all Americans, have been violated at a level rarely seen before in our Country,\u201d Trump continued.\u00a0\u201cRemember, they even spied on my campaign. The greatest Witch Hunt in USA history has been going on for six years, with no consequences to the scammers. It should not be allowed to continue!\u201d<\/p>\n<p>Trump\u2019s announcement, if it were to materialize, represents the former president\u2019s first major legal move after the feds raided his Florida home. It is unclear as of writing who Trump plans to sue, but the Department of Justice (DOJ), specifically Attorney General Merrick Garland\u2014who <a href=\"https:\/\/www.theepochtimes.com\/ag-merrick-garland-says-he-personally-approved-fbis-trump-raid_4658779.html\">said<\/a> he \u201cpersonally approved\u201d the warrant\u2014would likely be among the defendants.<\/p>\n<figure id=\"attachment_4653646\" class=\"wp-caption alignnone\"><a href=\"https:\/\/img.theepochtimes.com\/assets\/uploads\/2022\/08\/09\/officer-in-front-of-mar-a-lago-1200x798.jpg\"><figcaption class=\"wp-caption-text\"><noscript><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-4653646\" src=\"https:\/\/img.theepochtimes.com\/assets\/uploads\/2022\/08\/09\/officer-in-front-of-mar-a-lago-600x399.jpg\" alt=\"US-POLITICS-INVESTIGATION-TRUMP\" width=\"600\" height=\"399\" \/><\/noscript><\/figcaption><\/a> A local law enforcement officer in front of the home of former President Donald Trump at Mar-A-Lago in Palm Beach, Fla., on Aug. 9, 2022. (Giorgio Viera\/AFP via Getty Images)<\/figure>\n<h2>Game Plan<\/h2>\n<p>One of Trump\u2019s lawyers, James Trusty, said on the Mark Levin show late Friday that the lawsuit will come \u201cvery soon.\u201d<\/p>\n<p>\u201cIt should be something that gets publicly filed, so the whole United States will get to read this thing,\u201d Trusty, a former federal prosecutor, said of the lawsuit on the show. \u201cAnd I think that\u2019s very important to the president. He\u2019s been very transparent through this whole process.\u201d<\/p>\n<p>\u201cIt\u2019s coming very soon,\u201d Trusty said, adding that the team will possibly file it Monday.<\/p>\n<p>Trusty said that the team plans to request judicial intervention via a special master, an appointee by the court who will oversee an aspect of the lawsuit. A special master, on rare occasions, is needed in cases where a \u201cprivilege issue\u201d is present, Trusty said, such as when a search warrant is executed at an attorney\u2019s office. He added that this case warrants the assignment of a special master because it involves issues of attorney-client privilege and executive privilege.<\/p>\n<p>\u201cWe have to get somebody in the middle because we are not going to leave it to DOJ to tell us that they are doing their filter search, and they are the guardians of what\u2019s privileged or not,\u201d Trusty said, adding that the special master can order to halt the DOJ\u2019s document reading.<\/p>\n<p>\u201cWe are going to have court involved, judicial intervention, at the district court level to get somebody in the mix here that can help us vindicate the Fourth Amendment rights of the president.\u201d<\/p>\n<h2>Key Information<\/h2>\n<p>According to Trusty, a key piece of information in Trump\u2019s lawsuit would be the search warrant\u00a0executed by the FBI agents in the raid, which was unsealed by Obama-appointed magistrate Judge Bruce Reinhart following requests from both Trump\u2019s lawyer and the DOJ. The warrant shows what items the agents were authorized to seize, where the agents were authorized to search for the operation, and the laws that the federal agents were pursuing in executing the warrant.<\/p>\n<p>While the warrant did not pinpoint what probable cause the FBI established to conduct the raid, the warrant authorized the seizure of \u201call physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed\u201d that the agents perceived to have violated the U.S. Code. The various items that federal agents seized\u00a0from Trump\u2019s Florida resort included 26 boxes of unidentified material, \u201cVarious classified\/TS\/SCI documents,\u201d binders of photos, a gift, and other classified material.<\/p>\n<p>Meanwhile, another key piece of information in Trump\u2019s lawsuit would be the warrant affidavit, which currently remains under seal. The affidavit would show the probable cause that the agents established before Reinhart, which would give more insight into why the DOJ felt the need to raid a former president\u2019s home, notwithstanding the ensuing political ramifications.<\/p>\n<p>Trump\u2019s team has asked the court to release the search warrant affidavit with \u201cno redactions,\u201d while the DOJ has filed in an attempt to keep the affidavit under complete seal. The judge\u00a0<a href=\"https:\/\/www.theepochtimes.com\/judge-to-review-governments-proposed-redactions-of-trump-fbi-search-warrant-affidavit_4673509.html\">ordered\u00a0<\/a>the government to produce a redacted version of the warrant on Aug. 18.<\/p>\n<figure id=\"attachment_4677254\" class=\"wp-caption alignnone\"><a href=\"https:\/\/img.theepochtimes.com\/assets\/uploads\/2022\/08\/20\/GettyImages-1242578031-1200x799.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"lazy size-medium wp-image-4677254\" src=\"https:\/\/www.theepochtimes.com\/assets\/themes\/eet\/images\/white.png\" data-src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/08\/GettyImages-1242578031-600x399-1.jpg\" alt=\"Epoch Times Photo\" width=\"600\" height=\"399\" \/><figcaption class=\"wp-caption-text\"><noscript><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-4677254\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/08\/GettyImages-1242578031-600x399-1.jpg\" alt=\"Epoch Times Photo\" width=\"600\" height=\"399\" \/><\/noscript><\/figcaption><\/a> Supporters of former U.S. President Donald Trump drive around the Paul G. Rogers Federal Building &#038; Courthouse as the court holds a hearing to determine if the affidavit used by the FBI, as justification for the raid of Trump\u2019s Mar-a-Lago estate, should be unsealed, in West Palm Beach, Fla., on Aug.18, 2022. (Chandan Khanna\/AFP via Getty Images)<\/figure>\n<h2>Warrant Too Broad<\/h2>\n<p>Though the Trump team\u2019s exact argument is unclear at this point, Trusty\u2019s comments on the Mark Levin Show gave a general sense of the key principle the argument would hinge on: namely, how the warrant executed by the FBI in its search-and-seizure operation at Mar-a-Lago was allegedly too broad that it would fail a requirement of the Fourth Amendment that warrants need to meet a certain level of specificity.<\/p>\n<p>The Fourth Amendment states that \u201cthe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.\u201d<\/p>\n<p>\u201cThe Fourth Amendment requires particularity. It requires narrowness to the intrusion on the person\u2019s home,\u201d Trusty said, adding that the warrant has a language in it that authorizes the federal agents to take \u201cwhole boxes\u201d and \u201cany boxes near\u201d perceived classified documents.<\/p>\n<p>\u201cThat\u2019s really the functional equivalent of a general search. There\u2019s just no limit to that kind of scope in the warrant,\u201d Trusty said.<\/p>\n<p>Jeffrey Clark, former U.S. assistant attorney general for the Civil Division under Trump, shared a similar rationale with Trusty, when Clark wrote on Twitter shortly after the judge <a href=\"https:\/\/www.theepochtimes.com\/judge-unseals-mar-a-lago-raid-warrant-reveals-why-fbi-is-investigating-trump_4661031.html\">unsealed the warrant<\/a>\u00a0on Aug. 12 that its breadth is \u201cbreathtaking.\u201d<\/p>\n<p>Specifically, he pointed to a statement on \u201cAttachment B\u201d of the warrant: \u201c[a]ny government and\/or Presidential Records created between January 20, 2017, and January 20, 2021\u201d\u00a0shall be subjected to seizure if the agent deems it relevant as \u201cevidence, contraband, or fruits of crime.\u201d<\/p>\n<p>This statement, Clark wrote, makes the warrant exactly the type of general warrant that the \u201cFramers abhorred and sought to ban in the Fourth Amendment,\u201d pointing to two historical cases cited frequently by the U.S. courts\u2014Wilkes v. Wood and Entick v. Carrington\u2014that he says \u201cinspired\u201d the ban, under the Fourth Amendment, on warrants that are too general.<\/p>\n<p>In addition, Clark wrote the warrant is \u201cundermined by its timing\u201d and, for this reason, has an\u00a0underlying political motive.<\/p>\n<p>\u201cSince [federal] officers had been to Mar-a-Lago to inspect the documents there, they already knew there were [presidential] documents there, and have for [months],\u201d Clark wrote.\u00a0\u201cThe political nature of [the] raid [is] clear because they waited to search for what they knew was ALREADY THERE until just before the Midterms.\u201d<\/p>\n<figure id=\"attachment_4669763\" class=\"wp-caption alignnone\"><a href=\"https:\/\/img.theepochtimes.com\/assets\/uploads\/2022\/08\/17\/GettyImages-1242419185-1200x800.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"lazy size-medium wp-image-4669763\" src=\"https:\/\/www.theepochtimes.com\/assets\/themes\/eet\/images\/white.png\" data-src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/08\/GettyImages-1242419185-600x400-1.jpg\" alt=\"Epoch Times Photo\" width=\"600\" height=\"400\" \/><figcaption class=\"wp-caption-text\"><noscript><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-4669763\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/08\/GettyImages-1242419185-600x400-1.jpg\" alt=\"Epoch Times Photo\" width=\"600\" height=\"400\" \/><\/noscript><\/figcaption><\/a> Former U.S. President Donald Trump raises his fist while walking to a vehicle outside of Trump Tower in New York City on Aug. 10, 2022. (Stringer\/AFP via Getty Images)<\/figure>\n<h2>\u2018Americans Deserve to Know\u2019<\/h2>\n<p>Jenna Ellis, constitutional attorney and former senior counsel to the former president, says Trump is \u201cabsolutely right to assert his constitutionally protected rights\u201d in pursuing the lawsuit.<\/p>\n<p>\u201cPresident Trump is absolutely right to assert his constitutionally protected rights and ask the Court to immediately stop document review, appoint a special master, and demand the Department of \u2018Justice\u2019 show cause for their unreasonable, irregular, and politically motivated raid,\u201d Ellis said in a statement to The Epoch Times in response to Trump\u2019s announcement.<\/p>\n<p>\u201cAmericans deserve to know how their own law enforcement is operating and by what rules,\u201d she said. \u201cIf Attorney General Garland truly wants to even attempt to restore legitimacy in the FBI\u2019s credibility, he has to answer for this.<\/p>\n<p>\u201cNo one is above the law, but absolutely no one is below the law in America either, even if your last name is Trump,\u201d Ellis said. \u201cEveryone named Trump and associated with Trump has been targeted and harassed by law enforcement and the Democrats for six years. This has to stop.\u201d<\/p>\n<div class=\"author_wrapper\">\n<div class=\"one_author_block round\">\n<div class=\"top_row\">\n\t\t\t\t\t<a href=\"https:\/\/www.theepochtimes.com\/author-gary-bai\"><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/06\/Gary-Bai.jpg\" alt=\"Gary Bai\" \/><\/a><\/p>\n<p>Follow<\/p>\n<\/div>\n<p>Gary Bai is a reporter for Epoch Times Canada, covering China and U.S. news.<\/p>\n<\/p><\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Former President Donald Trump announced Friday that a \u201cmajor motion\u201d will soon come following the FBI\u2019s raid on his Mar-a-Lago resort.\u201cA major motion pertaining to the Fourth Amendment will soon<\/p>\n","protected":false},"author":1,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1617310","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1617310","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1617310"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1617310\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1617310"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1617310"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1617310"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}