Media organizations are arguing for unsealing the affidavit, but Justice officials worry it will compromise the Trump investigation
WEST PALM BEACH, Fla. — A top Justice Department official said Thursday that the investigation into the handling of classified records housed at former President Donald Trump’s private residence is “in its early stages,” suggesting a long road ahead for the explosive probe.
“This investigation is open,” said Jay Bratt, head of the Justice Department’s counterintelligence division.
Bratt, who was present in court alongside U.S. Attorney Juan Gonzalez, characterized the timeline of the investigation during a hearing in the federal courthouse here. The hastily convened session was called by Magistrate Judge Bruce Reinhart — who authorized the Aug. 8 FBI search of Trump’s Mar-a-Lago estate — to resolve efforts by media outlets and a conservative advocacy group to unseal crucial details about the basis for the search.
Bratt argued that releasing the underlying FBI affidavit justifying the search could jeopardize “several witnesses” whose accounts were specific enough that the sources for them might be easily identified.
“This is not a precedent that we want to set,” Bratt indicated.
It’s unlikely that Reinhart will order the FBI affidavit to be released publicly, but the hearing was the first chance for him to address the matter since the FBI search, which resulted in the seizure of more than a dozen boxes of documents, including classified information. Last week, Reinhart approved an extraordinarily rare motion by the Justice Department to unseal the search warrant itself, a decision announced by Attorney General Merrick Garland amid a torrent of attacks from Trump and his allies. The warrant revealed that the bureau was investigating potential violations of the Espionage Act and the Presidential Records Act, as well as obstruction of justice.
Several media organizations quickly asked Reinhart to unseal the affidavit, citing the extraordinary public interest, but with redactions as necessary to protect the integrity of the investigation.
“The public interest could not be greater,” said Chuck Tobin, a lawyer representing the media groups.
Justice Department prosecutors have argued that the redactions would need to be so extensive as to render the affidavit useless.
“It really serves no purpose,” Bratt said. “It does not edify the public in any meaningful way.”
While Bratt’s comments suggested the probe could hang over Trump for a considerable period of time, they could also be seen as signaling that further developments in the investigation are unlikely before the midterm elections in November.
Prior to Thursday’s hearing, several former officials and legal commentators predicted that the high-profile search and seizure operation earlier in August might be the last the public hears of the probe for months.
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The investigation into the handling of classified records at Trump’s private residence is “in its early stages,” a top DOJ official said in court.
He argued releasing the FBI affidavit for the search could jeopardize “several witnesses.” https://t.co/8lnJS1Q1wz
— POLITICO (@politico) August 18, 2022
FYI: A federal judge *did not* order the unsealing of the FBI affidavit justifying the Mar-a-Lago search — yet.
He *did* say he's "not prepared to find the affidavit should be fully sealed” and gave the DOJ a week to propose redactions before he decides.https://t.co/8lnJS1Q1wz
— POLITICO (@politico) August 18, 2022
Shouldn’t be. These crimes — including 1/6 — occurred last year. Investigations should be further along by now.
I still don’t trust Garland to actually prosecute Donald or his pals.
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