WEST PALM BEACH, Fla. — A federal magistrate in West Palm Beach will hear arguments Thursday over whether to unseal all, or some, of the paperwork in the Mar-a-Lago search warrant,which was executed at former President Donald Trump's Palm Beach property on Aug. 8.
That information is a request being pursued by many media outlets, including WPTV's parent company.
The hearing on this motion to unseal the documents will happen at 1 p.m. Thursday in the courtroom of Magistrate Judge Bruce Reinhart.
Last Friday, a judge unsealed a list of items, including some documents labeled top secret and highly classified, taken from Mar-a-Lago by federal agents.
What hasn't been seen is the probable cause affidavit attached to that warrant, which may detail why the FBI was so anxious to get inside Mar-a-Lago and seize the things agents found.
The Department of Justice is resisting, saying that releasing the affidavit could jeopardize any possible case and even future cases. But the media is contending there is a compelling case for the public to know why this is all happening.
Trump and other Republican lawmakers have also called for the release of the affidavit related to last Monday's search of the former president's home.
A former federal judge in South Florida said there are reasons why some of that information should remain a secret.
"There are issues here," Ursula Ungaro said. "There could be a confidential informant. So there would be concerns about maybe naming the confidentially of that individual's identity, and in the current atmosphere, I understand there is a potential for violence."
Reinhart signed off on the search warrant and has been the focus of intense criticism among Trump's political and media supporters.
Palm Beach Gardens police also confirmed to WPTV earlier this week that they are aware of threats to Reinhart's safety, an indication of how politically charged this is.
Reinhart could make a decision on whether to release that probable cause affidavit, or at least parts of it, at Thursday's hearing.
A former FBI agent and current criminal defense attorney said Reinhart's decision has the potential to impact countless other federal cases.
In a recent filing, the Department of Justice argued that "if disclosed, the affidavit would serve as a roadmap to the government’s ongoing investigation" and disclosure "would likely chill future cooperation by witnesses."
Media companies argue that narrow redactions based on evidence and approved by the court should satisfy the Department of Justice.
"The government's inherent interest in protecting not only this investigation, the integrity of their methods and sources, is first and foremost," former FBI Agent Stuart Kaplan, who is now a criminal defense attorney, said.
Kaplan told WPTV he would be shocked if Reinhart unsealed the affidavit due to the impact it could have on this case and others.
"I think it's fraught with such danger because if, in fact, this judge sets these precedents to release it, then I think you're opening up the floodgates for other people that have either been the target of a search warrant or other people who are charged with crimes who have not gotten the affidavit, now may open the floodgates to litigate that," Kaplan said.
Kaplan told WPTV he would expect the DOJ to file an immediate appeal if Reinhart rules to unseal the affidavit.
