THE PUBLIC NOT TO SEE.
SO IS THAT WHAT WE CAN BE
LOOKING AT HERE?
TO JOHN YOO, FORMER DEPUTY
ATTORNEY GENERAL OF THE UNITED
STATES, LAW PROFESSOR.
JOHN, I LOVE TALKING TO YOU THIS
PAST WEEK.
THE FIRST THING I WANT TO TRY TO
LEARN FROM YOU IS THIS ISSUE OF
RELEASED REPORT THAT MIGHT BE A
REDACTED REPORT.
IS IT REALLY SUCH A BIG DEAL IF
IT’S HEAVILY REDACTED?
IF IT’S HEAVILY BLACKED OUT?
>> GREAT TO BE WITH YOU AGAIN.
IT DOES LOOK TO ME LIKE THERE
WILL BE SIGNIFICANT REDACTIONS,
AND THIS IS WHY: USUALLY,
AFFIDAVITS LIKE THIS ARE NOT
PRODUCED WHILE THE INVESTIGATION
IS STILL GOING ON BECAUSE THE
SEARCH WARRANT ITSELF, WHICH WE
HAVE SEEN, JUST TELLS YOU WHAT
YOU’RE ALLOWED TO LOOK FOR.
IT’S THE AFFIDAVIT EXPLAINS TO
THE COURT WHY THE GOVERNMENT
THINKS IT’S NECESSARY.
AND SO WHAT YOU’RE LIKELY TO
HAVE IN THERE IS CONFIDENTIAL
INFORMANT INFORMATION, SO, FOR
EXAMPLE, THERE’S RUMORS AND
GOSSIP OUT THERE THAT THERE’S A
CONFIDENTIAL INFORMANT INSIDE
MAR-A-LAGO WHO TOLD THE FBI AND
THE JUSTICE DEPARTMENT THAT THEY
SAW DOCUMENTS BEING MOVED IN AND
OUT AND WHERE EXACTLY THEY WERE.
SO THE GOVERNMENT WILL PROBABLY
REDACT EVERYTHING RELATED TO
THAT PERSON.
THE OTHER THING IN THE AFFIDAVIT
THAT WOULD PROBABLY BE REDACTED
IS THE NATURE OF THE ONGOING
INVESTIGATION.
WHY THE JUSTICE DEPARTMENT WENT
TO THESE LENGTHS AT THIS TIME TO
TAKE THE UNPRECEDENTED, FIRST OF
ITS TYPE SEARCH OF A FORMER
PRESIDENT’S HOUSE, WHAT CRIMES
THEY THINK THEY COMMITTED.
NOW, I THINK WHAT’S LIKELY TO
HAPPEN IS THAT JUSTICE IS
PROBABLY GOING TO OVERREDACT.
IT’S STILL UP TO THE JUDGE HERE
TO DECIDE WHAT TO ALLOW OUT OR
NOT, NOT THE FBI.
NEIL: SO, JOHN, MT. MEANTIME,
WE’RE HEARING THAT DONALD TRUMP
AND HIS LEGAL TEAM WILL BE
RESPONDING TO THIS AND
PRESUMABLY ADDRESSING WHETHER
THIS WAS A VIOLATION OF THE
FOURTH AMENDMENT ON EXACTLY HOW
FAR YOU CAN GO SEARCHING
SOMEONE’S HOME.
AND THIS WAS THE CONCERN OF OUR
FOUNDERS WAY BACK IN THE
1700s, BUT JUST QUOTING IT
HERE, THE RIGHT OF THE PEOPLE TO
BE SECURE IN THEIR PERSONS,
HOUSES, PAPERS AND EFFECTS
AGAINST UNREASONABLE SEARCH AND
SEIZURE SHALL NOT BE VIOLATED,
NO WARRANT SHALL ISSUED BUT UPON
PROBABLE CAUSE SUPPORTED BY OATH
OR AFFIRMATION AND PARTICULARLY
DESCRIBING THE PLACE TO BE
SEARCHED AND THE PERSON OR
THINGS TO BE SEIZED.
THAT’S WHAT THAT AMENDMENT’S ALL
ABOUT.
IT DOESN’T SAY NO TO SUCH
SEARCHES, BUT I THINK WHAT
YOU’RE SAYING -- THEY’RE SAYING
IS YOU HAVE TO HAVE A PRETTY
DAMN GOOD REASON ARE.
DO YOU THINK THIS WAS A PRETTY
DAMN GOOD REASON, THAT IT WAS
THE JUSTIFIED AND THAT THE
GOVERNMENT THEN HAS TO PROVE
THAT THIS WAS JUSTIFIED?
>> YEAH.
THE PROBLEM HERE IS THAT THE
SEARCH WARRANT WAS SO BROAD, IT
MAY NOT FIT EXACTLY CRIMES HAT
GOVERNMENT SAYS IT THINKS ARE
LIKELY TO HAVE HAPPENED.
SO THE GOVERNMENT HAS BEEN
SAYING AND THE SEARCH WARRANT
SAYS THE CRIMES THAT THEY THINK
HAPPENED IS THAT PRESIDENT TRUMP
TOOK DOCUMENTS INVOLVING
NATIONAL DEFENSE SECRETS.
HE’S NO LONGER ALLOWED TO HAVE
THESE AFTER HE’S PRESIDENT AND
KEPT THEM IN AN UNSECURED
FACILITY.
THAT MIGHT BE TRUE.
THERE’S PROBABLE CAUSE THAT THAT
MIGHT HAVE HAPPENED.
WE CAN ACTUALLY SEE THE
DOCUMENTS, THE GOVERNMENT CAN
PROVE THAT BY SAYING HERE ARE
THE DOCUMENTS.
THEY CAN ACTUALLY -- AND I THINK
THEY SHOULD -- PRODUCE AND
RELEASE SOME OF THE DOCUMENTS
THEY FOUND --
NEIL: WELL, JOHN, WHAT IF SOME
OF THOSE DOCUMENTS END UP NOT
BEING JUSTIFIED WITH THE STUFF
THEY GOT FROM THE RAID?
IN OTHER WORDS, MUCH LIKE THE
SEARCH FOR WEAPONS OF MASS
DESTRUCTION IN IRAQ ARE, FOR
EXAMPLE, THE INTELLIGENCE SEEMED
AMPLE AND JUSTIFIABLE AT THE
TIME, BUT IT DIDN’T TURN OUT TO
BE RIGHT AT THE TIME.
COULD THIS BE A CASE LIKE THAT?
>> THAT’S A GREAT POINT, NEIL,
BECAUSE THE WARRANT ITSELF SAYS
YOU CAN FIND, YOU CAN TAKE AND
SEARCH FOR ANY DOCUMENT THAT WAS
PRODUCED BY PRESIDENT TRUMP
BETWEEN THE YEARS OF HIS, DURING
THE YEARS OF PRISON -- HIS
PRESIDENCY.
THAT’S A MUCH BROADER CATEGORY
THAN THOSE THAT THEY’RE LOOKING
FOR IN THE SEARCH WARRANT.
THAT’S WHAT WE WANT TO SEE.
NEIL: GOT IT.
JOHN, THANK YOU VERY MUCH.
JOHN YOO FOLLOWING THESE
DEVELOPMENTS.
AND, AGAIN, WE’LL KEEP YOU
POSTED WHAT THE TRUMP FOLKS HAVE
TO SAY ON THE FOURTH AMENDMENT.
>>> KEEPING YOU POSTED,