Former President Donald Trump is considering filing a lawsuit that calls for for appointment of a “special master” to review and return the evidence collected during last FBI week, one of his attorneys said Friday.
Appearance on Radio Mark Levine show lawyer Jim Trusty said filing a claim could be soon like Friday night but also till Monday.
“Probably it will more like hoursTrusty said. soon.”
Two people habitual with discussions also confirmed potential lawsuit to CBS News on Friday. legal team is considering applying in federal district court in Sources say that in Florida.
Trump also made such an offer in a post on his social platform Pravda on Friday.
“The main proposal regarding the Fourth Amendment would be soon file a complaint about illegal hacking of my home is Mar-a-Lago, right before a major midterm election,” Trump tweeted. in part.
One person close to Trump added what former the president and his lawyers are seeking for federal prosecutors give them with a more detailed list of what was collected and ensure that a “neutral” person is involved in consideration of documents.
Trusty told Levine that the documentation would state that the FBI’s exemption was “overbroad”, violating the law’s “narrowness” requirement. in Search.
Trusty said Trump is legal team will argue special master needed for review capture for protection against the possibility that material to which executive secrecy or attorney-client secrecy applies.
“We have privilege issues that are extremely important here,” Trusty told Levin. “We think that one of benefits of in special master, if the master agrees, we can stop the DOJ in their footprints when it comes to checking those documents.”
Sources point to Trump’s legitimacy. team may apply for assistance under federal regulations of Code of Criminal Procedure governing searches. At least two rules in in particular, Rules 41(f) and 41(g) may be specified. Trusty explicitly mentioned Rule 41(f) in interview.
What rule related to performance of search warrant. It states that the officer executing the warrant “should prepare and check the inventory.” of Any property withdrawn” and must provide “a copy of of warrant and receipt for in property”the person whose property was captured.
Movement Based on this is rule would call for in full come back of in items withdrawn on the basis on assertion that there was something wrong with the execution of Search. Rule 41(g) is “an offer to return property” It says: “A person affected by unlawful search and seizure of property or by deprivation of property May move for in property return”.
David Weinstein former Assistant U.S. Attorney for Southern District of Florida, told CBS News that such a feed trigger a process that includes listing evidence, determining whether property is of evidentiary value and then challenge it.
“I suspect that the government’s response to this will be: we believe that everything we have captured of evidentiary value,” Weinstein told CBS News Friday.
Ty Cobb, former Trump’s lawyer at the White House told CBS News. in interview on friday what he thinks government May also to be in service of a special master in the command to err on in side of caution.”
“This is an unprecedented prosecution, an investigation of a former President, Cobb said. This has never happened before, so I think want to play it’s spelled of law.”
On August 8, FBI agents conducted a search. on Mar-a-Lago, approved by Attorney General Merrick Garland,11 sets of classified documents, according to a printed search warrant. The agents were picking up crates marked “upper secret,” “secret”confidential” and “higher secret/sensitive with compartments information.”
The warrant states that the Justice Department is investigating Trump. for violations of three criminal laws, including the Espionage Act.
Sources told CBS News that the search was related to a Justice Department investigation into National Archives allegations that found 15 boxes of records, including classified material in Mar-a-Lago before this year.
Two sources told CBS News thatTrump’s lawyer signed a document certifying that all secret materials was removed from Mar-a-Lago.