Mar-a-Lago Affidavit May Not Be Released If Redactions Too Extensive: Judge

As the Justice Department works to provide the courts with proposed redactions of the affidavit from the FBI's Mar-a-Lago search, a new order suggests the highly sought-after document may never be released if the redactions are as extensive as prosecutors have warned.

In a written order filed Monday morning, Magistrate Judge Bruce Reinhart said, "I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion after hearing further from the Government."

The order—which memorialized Reinhart's decision to consider unsealing the affidavit supporting the search warrant for the residence of former President Donald Trump—revealed that the judge may ultimately agree with the DOJ, which argues that unsealing the document could jeopardize the integrity of its investigation.

Trump has called for the affidavit to be released without redaction. The former president has also been joined by several media outlets on that request.

On Monday, Reinhart wrote that while he may ultimately agree with prosecutors, he disagrees with the Justice Department's argument that the entire affidavit should remain under seal and reaffirmed that prosecutors have until noon on Thursday to submit a version with their proposed redactions.

"Particularly given the intense public and historical interest in an unprecedented search of a former President's residence, the Government has not yet shown that these administrative concerns are sufficient to justify sealing," the order reads, noting that there is no indication that Trump and the media outlets seeking the document's release are doing so for "any illegitimate purposes."

The affidavit is the underlying document that shows probable cause—the reasoning law enforcement agencies believe that a property is connected with a crime or that a crime was committed.

Prosecutors have argued that the full release of the document could include the identity of FBI informants or other key figures involved in the federal probe, which could create a chilling effect and prevent other witnesses from corroborating with investigators.

Last week, Jay Bratt, the Justice Department's top counterintelligence official, told the court, "This is not a precedent we want to set. The government is very concerned about the safety of witnesses in this case."

In the order, Reinhart also pointed out one particular factor that the DOJ did not about why the affidavit should not be released.

The judge noted that because Mar-a-Lago is protected by the Secret Service, disclosure of details related to the premises "could affect the Secret Service's ability to carry out its protective function."

"This factor weighs in favor of sealing," Reinhart wrote.