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DOJ submits proposed redactions on affidavit behind FBI's Mar-a-Lago search [1]

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Date: 2022-08-25

As The New York Times reports, the redactions from the Department of Justice are expected to be “extensive.” And even if the government turns in those redactions today without requesting any kind of extension, that doesn’t mean the affidavit is going to immediately drop to the public.

The most common reason for the withholding of affidavits is also the most obvious: Because telling criminals what you know and how you know it is generally a bad way to conduct a criminal investigation. And the Department of Justice has made clear this is a criminal investigation, not just a civil or regulatory matter.

It’s not only that the currently sealed affidavit contains the names of witnesses; simply revealing statements or the nature of information passed along by those witnesses could be enough to clearly identify them, and to open them up to ridicule and threats from Trump. That’s a very big reason why both federal and local governments don’t usually unseal affidavits before criminal charges are filed.

In addition to concerns about witnesses, it’s now clear that documents taken back from Trump have included at least 300 classified documents sprawling over at least 700 pages. Some of these documents are marked with the very highest levels of classification, indicating they are only to be kept and viewed in special facilities designed to eliminate the chance of duplication or transmission. These documents might contain anything from secrets about America’s placement of nuclear weapons to information on advanced weapons research, intelligence showing nuclear activity in other nations, or the identities of American agents embedded with terrorist groups.

Even the names of these documents could be enough to place national security interests at risk. Imagine documents with titles like “FBI makes progress in infiltrating upper echelons of Proud Boys,” or, “Progress on hypersonic missiles running behind schedule.” Even confirming the existence of such documents would represent a wide-ranging threat.

Naturally, much of the media—including the Times story—is playing up the idea that “Americans are smart. They can evaluate what they see, and when things are hidden from them, they get suspicious.” Which is the most obvious kind of pandering bulls**t.

Some things have to be hidden, at least temporarily, for reasons ranging from criminal justice to military effectiveness. And in this case, the truth is not only that keeping parts of the affidavit secret benefits the nation, it also benefits Donald Trump.

The redactions are currently, as expected, under seal. Any information about them is likely to come only after Reinhart finishes any further negotiations with the Department of Justice and determines whether or not to release the document.

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[1] Url: https://www.dailykos.com/stories/2022/8/25/2118713/-DOJ-submits-proposed-redactions-on-affidavit-behind-FBI-s-Mar-a-Lago-search

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