Former U.S. Attorney Brett Tolman talked about the FBI’s search of former President Trump’s Florida home on C-SPAN’s Washington Journal.
Bill Scanlan: Brett Tolan is with us. He is the former u.s. attorney. With this this morning to talk about the ongoing legal question about the aftermath of the search of mar-a-lago, the president’s former home the — the former president trump in florida. We are expecting to hear from the judge about of request that was made to unseal the affidavit from the fbi to allow the search. One of the justices is expected to keep it sealed. What are the ramifications of unsealing, of releasing the information?
Brett l. Tolman: Traditionally, the issue with is unsealing is one that protects the defendant as well as the investigation of the prosecution. Typically, a defendant is just as motivated to keep quiet all the facts that are being alleged against him or her. So you don’t have this very often where the affidavit is being requested to be released if you do, it is usually by a defense attorney that wants to see if there was sufficient probable cause outlined to justify the search to begin with. Or if they think there is a problem with it and they can file a motion to quash the search warrant. Here, the department of justice has indicated they think it will , you know, it will reveal too many details about the scope of their investigation and it may reveal those that are cooperating or additional targets. They have argued that they do not want it to be released by the court.
Bill Scanlan: In the past, if you have seen news of this what sort of impact does this have? When an affidavit is unsealed like that, does that generally mean the investigation has to draw to a close? Does it mean the element of the investigation may not continue?
Brett l. Tolman: No, i think it is a my you know, the department’s position on this is not inconsistent with what is done in most cases and that is resist the revealing…
Bill Scanlan: What was your reaction to the doj releasing the elements that were found in that search warrant?
Brett l. Tolman: I think it reveals the search warrant itself is very broad. It’s not surprising. Investigators tried to get as broad a search warrant as they possibly can so when they search a residence they are pretty much free to look anywhere that a document may be. So my initial reaction is it’s not surprising that it is very broad. The list that they put together of what they have secured, there is questions. I think it leaves more questions than answers. What was the true scope of the investigation at the time of the search warrant? Why were there things that were taken that seem to be inconsistent with the theory of the investigation?
Bill Scanlan: Typically when the fbi does a search and has a specific think they are looking what happens if they happen to see other types of documents may be unrelated to this particular investigation?
Brett l. Tolman: That is a great question. The reality is, the plain sight doctrine says when they observe something they believe is evidence of a crime, even if it is a different crime, or it may be it is not necessarily contemplated in the search warrant if it is in plain sight and they observe it they can take it that they are limited by the four corners of that search warrant in terms of what they are supposed to be looking for. And therefore what they see. We still have a lot of questions about what the investigators, as they went through in search, you know, with a attempting to filter what they were grabbing? Are — or were they grabbing anything? It shows there may not have been they may not have been that careful while securing the evidence.
Bill Scanlan: The timing of this, it happened months ago. The former president was in new york at the time when the occupant of a home or dwelling is not there is that
Brett l. Tolman: Not necessarily. I think when they have a search warrant and a hand and they believe they need to come in with a show of force they will do similar to what they did here. Regardless of whether that individual is in the home or not, they will pursue the search warrant. They would use the standard operating procedures and they will attempt to secure the site and search it. If they are there, then they will be asked to step aside or step outside.
Bill Scanlan: Tolman also the executive director. What is it about?
Brett l. Tolman: It is an organization that is attempting to fix broken aspects of criminal justice system. Is an incredible organization of well-meaning and dedicated individuals who have had experience in the criminal justice system. We have some that have been formerly incarcerated, some are former police officers, former prosecutors. People that recognize we can improve theater criminal justice system without undermining public safety. We try to take a look at a different approach where you hear to defend the police. We think, let’s get better instruction. Let’s make tinges to policing but let’s never compromise public safety.
Brett l. Tolman: It is an organization that is attempting to fix broken aspects of criminal justice system. Is an incredible organization of well-meaning and dedicated individuals who have had experience in the criminal justice system. We have some that have been formerly incarcerated, some are former police officers, former prosecutors. People that recognize we can improve theater criminal justice system without undermining public safety. We try to take a look at a different approach where you hear to defend the police. We think, let’s get better instruction. Let’s make tinges to policing but let’s never compromise public safety.
Bill Scanlan: Our guest is hear talking about the search of mar-a-lago. (202) 748-8001 for republicans. (202) 748-8000 for democrats and for independents and all others, (202) 748-8002. The headline from limburg doj opposes release of affidavit in trump search citing probe. Based on your experience, do you have any thoughts on how the judge might rule today?
Brett l. Tolman: This particular case i think they would rule in favor of the doj. I think this is a case unlike any other and i think the public needs to see what forms the basis of the search and what formed the justification for the timing of the search and the way in which the search was carried out.