Trump vows to file ‘major motion’ in response to FBI raid

by Samantha Flom

Photo: Alamy

President Donald J. Trump said he intends to take legal action following the FBI’s Aug. 8 raid of his home in Palm Beach, Florida.

“A major motion pertaining to the Fourth Amendment will soon be filed concerning the illegal Break-In of my home, Mar-a-Lago, right before the ever important Mid-Term Elections,” Trump announced Friday via Truth Social. 

“My rights, together with the rights of all Americans, have been violated at a level rarely seen before in our Country,” the president continued. “Remember, they even spied on my campaign. The greatest Witch Hunt in USA history has been going on for six years, with no consequences to the scammers. It should not be allowed to continue!”

Trump’s comments echoed those of his legal counsel, James Trusty, who told Fox News’ Mark Levin Friday that a “Fourth Amendment-based” lawsuit was forthcoming.

Noting that it was important to the president that the lawsuit be publicly filed, Trusty advised that there was a possibility the filing could take place on Monday but added that “it’s probably going to be more like hours – it’s coming very soon.”

The Fourth Amendment of the Constitution establishes that “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.”

Given the questions surrounding the “probable cause” the FBI provided to secure the search warrant for Trump’s home, it could be the case that the president’s legal team will argue that the second half of the amendment was violated.

Following the public outcry over the unprecedented raid, the search warrant and associated property receipt were unsealed Aug. 12. 

While the affidavit supporting probable cause remains sealed, the Associated Press reported Thursday that Magistrate Judge Bruce Reinhart had committed to unsealing a redacted version.

Additionally, given the broad scope of the search warrant, the Trump team could also claim that the document was not specific enough in outlining “the place to be searched, and the persons or things to be seized.”

For example, in addition to sensitive documents and materials, the warrant also allowed for the confiscation of “Any government and/or Presidential Records created between January 20, 2017, and January 20, 2021,” which covers the entirety of Trump’s term in office.

And it would seem that the FBI followed those loose parameters, as on Aug. 15 — one week after the raid — Trump revealed that along with other personal effects, the FBI had taken three of his passports.

“This is an assault on a political opponent at a level never seen before in our Country,” he said via Truth Social. “Third World!”

Although the passports have since been returned, Trump said Friday that the raid on his home was just the latest in a string of FBI and DOJ “atrocities” against him. He noted, “this has been going on for years, from the moment I came down the golden escalators in Trump Tower, right up until the present.”

He continued, “The law enforcement of our Country has become that of a Third World Nation, and I do not believe the people will stand for it—between Fraudulent Elections, Open Borders, Inflation, giving our Military to the Enemy, and so much more—how much are we all expected to take?”

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