Former President Donald Trump's expected Fourth Amendment motion concerning the seizure of records from his home will probably look at whether they involved attorney-client privilege documents, Bruce DelValle, a civil litigator and constitutional lawyer, told Newsmax.
"I think many people believe, or at least a few people believe that this may be a continuum from Crossfire Hurricane, from Hillary Clinton, from Hunter Biden, a way to cover up all that activity," DelValle said on Newsmax's "Saturday Report." "Those records Trump may have taken to protect himself: They may be attorney-client privilege. They probably are attorney-client privilege documents that the government has no right to seize, and I believe that may be what's going on here."
Meanwhile, the affidavit, which Trump favors being released in its entirety, is an important factor in what provided the basis for the search warrant carried out by the FBI in his Florida home.
"Sometimes in their zeal to investigate, investigators such as the FBI or the police falsify things to convince a judge to give them the warrant," he said. "Once they get the warrant, they're sort of home free. They're in. They can start looking for evidence of a crime, fruits of a crime, that sort of thing. So the affidavit is important to determine what provided the basis for that search warrant."
But, he added, "judges don't like to be fooled. They don't like to be lied to. Oftentimes, those affidavits are the sources of misinformation."
Meanwhile, the Department of Justice has been given a week to determine what redactions it wants in the affidavit used in the Trump search, and DelValle said that may be a verifiable concern.
"Recent polls suggest that the FBI is at an all-time low in terms of public confidence," he said. "It hovers around 50% historically. It's been around 70%, fascinatingly enough, among Republicans and conservatives, but it's about 30% — that's the party that's always supported the FBI."
Liberals, however, think by "70%, 80% that the FBI is the greatest thing since sliced bread, apparently forgetting what the FBI did to Dr. Martin Luther King and to various other people that were involved in activities that were for liberty, but might not have been on the right side of the street as the FBI was concerned," said DelValle.
But the Trump search was "clearly a political action," he said. "What's starting to happen is people are starting to get the idea that the FBI may be a secret police."
It's also a "grave concern" that some of the people who were behind the Trump home search were also behind other anti-Trump efforts, said DelValle.
"We have to have some faith in the Department of Justice's ability to seek the truth," he said. "It's not about winning. They're supposed to uphold the Constitution. They're not supposed to see how many heads they can get on the wall."
But now, the FBI and DOJ are coming across as "loons, goons or buffoons," said DelValle. "The loons are the people [who say] that it doesn't matter what you do. We're going to come after you. We can indict a ham sandwich. We can indict Trump."
The FBI, he added, has become "sort of a goon squad," said DelValle.
"They are the only major investigative federal investigative agency in the world that does not record their interviews," he said. "They don't keep simultaneous notes ... that way they can say what they want the story to say."
DelValle added that he partially blames Trump's attorney for meeting with the FBI, "because we now know that Trump and his attorney met with the FBI. They showed him the room. They showed him the documents, so there's no mole, and then the FBI came back with a search warrant."
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Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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