TL/DR –
Donald Trump’s legal team has failed to convince U.S. District Judge Aileen M. Cannon that FBI agents used false information to justify searching Mar-a-Lago in relation to the classified documents case against him. Trump’s attorneys sought a Franks hearing to show the government intentionally misled a magistrate judge when seeking the search warrant but Judge Cannon was doubtful given Trump’s post-presidency status. Trump faces 40 counts of willfully retaining classified information and obstructing the government’s efforts to retrieve them, violations that typically result in prison upon conviction.
Trump’s Legal Team Failed to Convince Judge on FBI Misinformation Claims
In Fort Pierce, Florida, U.S. District Judge Aileen M. Cannon announced that Donald Trump’s legal team hadn’t persuaded her that FBI agents provided false information to sanction the search of Mar-a-Lago. This could weaken Trump’s attempt to disqualify crucial evidence in the classified documents case against him.
Trump’s lawyers requested a Franks hearing from Cannon, an opportunity to prove that the government misled a magistrate judge to get a search warrant for classified material at Trump’s Florida home, Mar-a-Lago. The defense claimed that Justice Department officials should have noted on the affidavit that sitting presidents do not need security clearances to access sensitive information. Cannon expressed skepticism.
“But he is post-presidency,” she said to Trump lawyer Emil Bove, adding that she didn’t see how the agent erred in this instance.
If Cannon agreed to host a Franks hearing and later ruled in the defense’s favor, evidence obtained via the search warrant could be discarded. However, the bar to permit such a hearing is high.
Trump, the former president who is presumed to be the Republican nominee in this year’s election, faces 40 counts of willingly retaining classified documents and obstructing the government’s recovery efforts. These national security violations could bring prison upon conviction.
Besides arguing government falsification, Trump’s lawyers claimed that the Mar-a-Lago search was politically motivated and too broad. As a result, agents seized personal items stored along with the classified materials.
The hearing ended on a contentious note as the prosecution, frustrated with the defense’s arguments, expressed their ire. Harbach complained about what he called Bove’s “attempt to hijack the hearing,” but Cannon, who had clashed with Harbach the previous day, disagreed with his description.
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