![]() The agents collected boxes marked "top secret," "secret," "confidential" and "top secret/sensitive compartmented information." 8, FBI agents executed a search on Mar-a-Lago, approved by Attorney General Merrick Garland, in which they seized 11 sets of classified documents, according to the unsealed search warrant. "This has never happened before, so I think I would want to play it by the letter of the law." "This is an unprecedented prosecution, investigation of a former president," Cobb said. Ty Cobb, a former White House attorney to Trump, told CBS News in an interview Friday that he believes the government may also be in favor of a special master in order to "err on the side of caution." "I suspect the government's response to this is going to be, we believe everything we seized is of evidentiary value," Weinstein noted to CBS News Friday. attorney for the Southern District of Florida, told CBS News that such a filing would trigger a process that involves listing evidence, determining whether property is of evidentiary value, and then contesting it. Rule 41(g) is a "motion to return property." It states, "A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return."ĭavid Weinstein, a former assistant U.S. It states that the officer executing the warrant "must prepare and verify an inventory of any property seized" and must provide a "copy of the warrant and a receipt for the property" to the person whose property was seized.Ī motion based on this rule would call for the full return of the items seized based on an assertion that there was something improper about the execution of the search. That rule pertains to the execution of the search warrant. Trusty explicitly mentioned Rule 41(f) in the interview. At least two rules in particular could be cited, Rules 41(f) and 41(g). Sources indicate Trump's legal team could seek relief under the Federal Rules of Criminal Procedure that govern searches. "We do think that one of the benefits of the special master, if the master agrees, is we can stop DOJ in their tracks when it comes to inspecting these documents." ![]() ![]() "We have privilege issues that are extremely important here," Trusty told Levin.
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