Here's why the FBI's search of Mar-a-Lago feels like a major shift in the tectonic legal plates.
on the home of a former president of the United States. This represents the kind of maiden legal voyage by the Department of Justice that has been prompted by the conduct of Donald J. Trump.
There are few things we know — and much we don’t know — about Monday’s search of Mar-a-Lago, Trump’s Florida home. Let’s start with what we do know. Second, a federal judge authorized this search. When the FBI, an agency within the Justice Department, decides that a search warrant should be pursued as part of a criminal investigation, agents will draft and swear to the truthfulness and accuracy of an affidavit in support of a search warrant. That sworn affidavit will include evidence the agents believe satisfies the burden of proof for warrants to be issued: probable cause.
Once given the go-ahead by a federal prosecutor, the FBI agent presents the application for the search warrant to a federal judge. Judges often will ask follow-up questions about the evidence contained in the affidavit. I imagine the judge who reviewed a search warrant application for the home of a former president having more questions than usual.
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