Judge denies MyPillow exec Lindell’s request to shield phone from FBI

Source: The Hill | September 22, 2022 | Chloe Folmar

A federal judge on Thursday denied MyPillow CEO Mike Lindell’s request for a temporary restraining order that would prevent the FBI from accessing his seized cell phone until a hearing occurs in the executive’s case against the seizure.

U.S. District Court Judge Eric Tostrud, a Trump appointee, wrote in his decision, shared by Politico, that it would be “far wiser” for the court to hear from the government and Lindell’s team on “relevant factual and legal questions” before making a decision regarding his requests for the order and the return of his phone, noting that a temporary restraining order is an “extraordinary remedy” and that multiple factors must be considered in requests like Lindell’s for the return of seized property.

He also wrote that Lindell’s team did not “cite any authority that might explain why the cellphone’s return is appropriate” under the procedural rule they used as the basis for their request.

The rule, Federal Rule of Criminal Procedure 41(g), authorizes a person to file a motion for the return of seized property.

“The court must receive evidence on any factual issue necessary to decide the motion,” reads the rule.

Tostrud said the plaintiffs failed to provide reasons why the phone should be returned based on Rule 41(g).

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