The former president suggests the motion will allege the raid violated the Fourth Amendment
Former President Donald Trump announced Aug. 19 that a “major motion” will soon come following the FBI’s raid on his Mar-a-Lago resort.
“A 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,” Trump wrote on Truth Social, less than two weeks after the FBI raid on his home in Florida in search of official records.
The Constitution’s Fourth Amendment bars unreasonable searches and seizures.
“My rights, together with the rights of all Americans, have been violated at a level rarely seen before in our Country,” Trump continued. “Remember, 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!”
Under the Fourth Amendment, only search warrants that are “reasonable” are legal. It also requires that search warrants be justified by “probable cause” that is “supported by oath or affirmation.”
The search warrant, unsealed on Aug. 12, showed that the Department of Justice (DOJ) was investigating Trump for potential breaches of three U.S. laws relating to the handling of certain records, including defense information and records relating to federal investigations. An inventory list, also unsealed on Aug. 12, showed that FBI agents took 11 sets of documents variously described as classified, top secret, secret, and confidential.
The affidavit filed in support of the search warrant application, which contains the DOJ’s case for probable cause, is currently sealed. While the government has asked the court to keep it this way, saying its disclosure would jeopardize the integrity of a federal investigation, a federal judge in Florida on Aug. 18 said he’s inclined to unseal portions of the affidavit, and ordered government officials to give him a redacted version of the document for its potential release.
By Gary Bai