Judge orders DOJ to redact Trump FBI search affidavit for probable release

U.S. Magistrate Judge Bruce Reinhart told the Justice Department on Thursday that he is "inclined" to unseal at least part of the affidavit central to the FBI's Aug. 8 search of former President Donald Trump's Mar-a-Lago complex. The Justice Department has opposed releasing any of the affidavit, arguing it would "cause significant and irreparable damage to this ongoing criminal investigation," which is still in the "early stages." The request to unseal the document was filed by a group of news media companies.
"I'm not prepared to find that the affidavit should be fully sealed," said Reinhart, who signed the FBI's now-public search warrant and has faced threats from Trump supporters because of that. He gave the Justice Department until next Thursday to submit proposed redactions to the affidavit, and if he disapproves he will make his own decisions on which parts to keep secret. But Reinhart said he would not unseal the redacted affidavit while the DOJ appeals his decision.
The affidavit lays out in detail the government's rationale for searching Trump's residence and why prosecutors believe he probably violated federal laws by retaining highly classified government documents, even after being asked then ordered to return them. It would also effectively reveal which witnesses provided testimony to prosecutors and the grand jury examining the case. Affidavits are almost always kept under seal until charges are filed, and "privately," The New York Times reports, Justice Department officials "were surprised by the decision."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Trump on Tuesday called for the full affidavit to be released, but his lawyers have not supported that call in court and "Trump's advisers had not reached a consensus on whether its disclosure would be in his best interest," The Washington Post reports. "People who have conferred with Trump in recent days said the former president believes that any information made public about the investigation into his handling of classified material will rile his supporters, ultimately benefiting him politically. But others in Trump's orbit fear that such a move could backfire because they do not know exactly what it contains."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
How will the new tax deductions on auto loans work?
the explainer Trump's One Big Beautiful Bill Act introduced a tax deduction on auto loan interest — but eligibility for the tax break is limited
-
Is Trump actually going to prosecute Obama for 'treason'?
Today's Big Question Or is this just a distraction from the Jeffrey Epstein scandal?
-
5 best movie sequels of all time
The Week Recommends The second time is only sometimes as good as the first
-
'Spending is what card issuers are hoping you will do'
Instant Opinion Opinion, comment and editorials of the day
-
Trump executive order targets homeless
Speed Read It will now be easier for states and cities to remove homeless people from the streets
-
Columbia pays $200M to settle with White House
Speed Read The Trump administration accused the school of failing to protect its Jewish students amid pro-Palestinian protests
-
Florida judge and DOJ make Epstein trouble for Trump
Speed Read The Trump administration's request to release grand jury transcripts from the Epstein investigation was denied
-
Trump attacks Obama as Epstein furor mounts
Speed Read The Trump administration accused the Obama administration of 'treasonous' behavior during the 2016 election
-
Deportations: The growing backlash
Feature New poll numbers show declining support for Trump's deportation crackdown
-
Is Stephen Colbert's 'Late Show' cancellation an omen of something worse?
TODAY'S BIG QUESTION CBS said its decision to end the talk show was strictly business. But the timing and nature of the announcement has some observers wondering if there's more at play behind the scenes.
-
Trump administration releases MLK files
Speed Read Newly released documents on the 1968 assassination of the Rev. Dr. Martin Luther King Jr. did not hold any new revelations, King historians said