Prosecutors contended that the defense has been prolonging the case proceedings unfairly through various requests.
FORT PIERCE, Fla.—U.S. District Judge Aileen Cannon conducted a hearing on June 25, the fourth within five days, regarding former President Donald Trump’s motion for relief in his classified documents case.
Former President Trump claims that the FBI search at Mar-a-Lago was carried out unlawfully and that his attorney-client privilege was breached during the pre-search process. The discussions concerning attorney-client privilege were held privately by the judge due to sensitive information, while the discussions regarding the raid were public.
Last year, special counsel Jack Smith charged former President Trump with 40 counts related to the alleged mishandling of classified documents. His valet Walt Nauta and former Mar-a-Lago property manager Carlos De Oliveira were also charged as codefendants. All parties have entered not guilty pleas.
FBI Searched Barron, Melania’s Rooms: Defense
Defense lawyer Emil Bove argued that FBI agents were not provided proper guidance before the search, as the warrant permitted law enforcement to search the entire Mar-a-Lago property. He contended that agents searched areas such as the kitchen, the former first lady’s rooms, and Barron Trump’s room without probable cause of finding classified documents in those locations.
Mr. Bove claimed that the lack of guidance led to the seizure of personal items unrelated to the case during the search, including medical records and former President Trump’s passport. He argued that the warrant allowed FBI agents to search freely and examine every piece of paper they came across. Ultimately, boxes containing classified documents were only seized from a storage room and the former president’s office.
While Judge Cannon expressed doubts about the necessity of detailed guidance in a search warrant, she questioned prosecutors about the need to search a minor’s room.
Prosecutor David Harbach argued that the magistrate who issued the search warrant believed that classified documents could be located anywhere in Mar-a-Lago, justifying the search of the entire property. When asked again by Judge Cannon if there was evidence of classified documents in Barron Trump’s room, Mr. Harbach admitted they did not have such evidence.
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Mr. Bove argued that the government needed to demonstrate good faith in the search process, while Mr. Harbach argued that the defense had to prove whether there were false statements or violations during the search process.
Mr. Harbach defended the professionalism of the agents during the search, stating they did not conduct a thorough search.
Mr. Bove requested an evidentiary hearing from the judge, allowing the defense to compel testimony from FBI agents, as he could not solely rely on Mr. Harbach’s account. Mr. Harbach had not been involved in the search.
The judge did not disclose whether she would permit an evidentiary hearing or when she would make a decision on the motion.
Following the hearing, Mr. Harbach expressed concern over the defense’s multiple hearing requests on issues he deemed unrelated to the case, labeling it as “unfair” and an attempt to delay the proceedings.
