The Volokh Conspiracy
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Government Agrees to Unsealing of Mar-a-Lago Search Warrant and Attachments
Various media entities asked that it be unsealed—see, e.g., the New York Times' motion, filed yesterday—and the government has just filed a motion agreeing, at least as to the warrant and some of its attachments (I'm not sure whether there are others that aren't included within the government's position):
Although the government initially asked, and this Court agreed, to file the warrant and Attachments A and B under seal, releasing those documents at this time would not "impair court functions," including the government's ability to execute the warrant, given that the warrant has already been executed. Furthermore, on the day that the search was executed, former President Trump issued a public statement that provided the first public confirmation that the search had occurred. Subsequently, the former President's representatives have given additional statements to the press concerning the search, including public characterizations of the materials sought. As such, the occurrence of the search and indications of the subject matter involved are already public.
This matter plainly "concerns public officials or public concerns," as it involves a law enforcement action taken at the property of the 45th President of the United States. The public's clear and powerful interest in understanding what occurred under these circumstances weighs heavily in favor of unsealing. That said, the former President should have an opportunity to respond to this Motion and lodge objections, including with regards to any "legitimate privacy interests" or the potential for other "injury" if these materials are made public….
This Court should unseal Docket Entry 17, subject to the presentation of
countervailing interests by former President Trump.
UPDATE [8/11/22, 4:12 pm]: The Magistrate Judge responds: "The United States shall immediately serve a copy of its Motion on counsel for former President Trump. On or before 3:00 p.m. Eastern time on August 12, 2022, the United States shall file a certificate of conferral advising whether former President Trump opposes the Government's motion to unseal."
UPDATE [8/12/22, 3 pm]: Trump agreed with the unsealing, with the following statement:
Not only will I not oppose the release of documents related to the unAmerican, unwarranted, and unnecessary raid and break-in of my home in Palm Beach, Florida, Mar-a-Lago, I am going a step further by ENCOURAGING the immediate release of those documents, even though they have been drawn up by radical left Democrats and possible future political opponents, who have a strong and powerful vested interest in attacking me, much as they have done for the last 6 years. My poll numbers are the strongest they have ever been, fundraising by the Republican Party is breaking all records, and midterm elections are fast approaching. This unprecedented political weaponization of law enforcement is inappropriate and highly unethical. The world is watching as our Country is being brought to a new low, not only on our border, crime, economy, energy, national security, and so much more, but also with respect to our sacred elections!
Release the documents now!
