Trump poised to fight back with constitutional argument in wake of raid

by Samantha Flom

Photo: Alamy

The FBI raid on the home of President Donald J. Trump was unconstitutional, according to his legal defense team, and they intend to prove it.

“There’s a Fourth Amendment issue here,” Trump attorney Alina Habba said on “The Sean Hannity Show” Tuesday. “The warrant was way too broad.”

Unsealed on Aug. 12, the search warrant to raid the president’s home did have unusually broad parameters, encompassing “any government and/or Presidential Records” created during Trump’s four years in office.

It was also revealed following the raid that the judge who signed off on the raid, Magistrate Judge Bruce Reinhart, had criticized Trump via social media in the past and recently recused himself from the president’s lawsuit against Hillary Clinton due to a conflict of interest.

However, the case involving the raid on Trump’s home was reassigned to District Judge Aileen Cannon following his filing of a motion for the appointment of a special master to review the documents seized.

“At this point, I think the best thing we’ve done is we’ve gotten a judge in place … who does look like they’re going to be active,” Habba said. “There’s a hearing on Thursday. Let’s see how that goes, and I think shortly thereafter, we do need to move forward with filing to invalidate … the warrant due to Fourth Amendment issues.”

The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Just the News Editor-in-Chief John Solomon, who was interviewed alongside Habba, agreed that the broad search of the president’s home constituted a violation of his rights.

“The manual says we’re supposed to be narrow and targeted,” he noted.

Also referencing leaks to media outlets – like Fox News – regarding a grand jury subpoena for documents that the president had previously received and cooperated with, Solomon wondered if the president’s team might include those leaks in their legal strategy.

Habba noted that the president’s team has been monitoring those leaks. 

“I think you’re right on point,” she said. “I think that’s going to be a cause of action that he has and I wouldn’t be surprised if we didn’t pursue it.”

On Thursday, Sept. 1, Trump’s team may have their first opportunity to do so as they argue in favor of the appointment of a special master. The hearing before Judge Cannon is scheduled for 1:00 p.m. in West Palm Beach, Florida.

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