Legal experts explain rarity of Trump search warrants becoming unsealed so quickly

MIAMI – Legal experts CBS4 spoke with Thursday explain the rarity of search warrants becoming unsealed this quickly, particularly in a high-profile matter.

Both inform us that making it public will present a greater perception into the Department of Justice’s investigation regarding former President Donald Trump.

Former DOJ lawyer Richard Serafini explains Attorney General Merrick Garland tries to “walk a fine line.”

“Make sure the precedent you’re setting is beneficial to the Justice Department and the United States,” added Serafini.

He calls the investigation unchartered waters and a troublesome one for Garland to navigate.

“You don’t want to set a precedent where there’s a change of parties [and] the new attorney general investigates and indicts the former president,” stated Serafini.  “On the other hand, if former presidents are above the law, then there’s no such thing as the rule of law.”

On Monday, dozens of FBI brokers descended on Trump’s house in Mar-A-Lago.  Garland stated he “personally approved” the step to hunt a warrant, defending the choice on Thursday to execute the search.

Now he asks a federal decide to make the search warrant public.

“In light of the former president’s public confirmation of the search, the surrounding circumstances, and the substantial interest,” stated Garland.

Former Assistant U.S. Attorney David Weinstein explains why Garland made the request.

“He felt the need to make it clear and transparent that this was above board and that he supports the men and women of the FBI,” stated Weinstein.

Sources verify to CBS News that the search pertains to Trump’s dealing with of presidential data.

And the warrant will element some specifics.

“Describe with particularity the location to be searched and the items the agents are searching for,” stated Serafini.  “As well as the inventory, which is going to have the various items.”

It stays unclear how particular the gadgets record can be.

Only unsealing the search warrant affidavit will reveal essentially the most perception.

“Probable cause itself, the actual facts that serve as the basis are not on the warrant and will not be disclosed pursuant to the motion that was made,” stated Serafini.  “And even the affidavit may not give you the entire scope when you get it.”

Weinstein shares that the DOJ usually prohibits any indictments and arrests of elected or probably elected officers inside 90 days of an election.  But Trump’s not working for workplace in November.

“Congressman are going to argue indirectly that will influence whether Republicans or Democrats are elected.  So, the DOJ may stand back for a little bit,” stated Weinstein.

The presiding decide set a 3 p.m. deadline for Friday for the Trump staff’s response to find out in the event that they oppose the movement to unseal the warrant and associated paperwork.