A New Mexico federal judge on Tuesday canceled a scheduled hearing over a Trump attorney’s attempt to get back his cellphone that was seized by federal investigators.
Conservative lawyer John Eastman, who advised former President Trump on efforts to overturn the 2020 presidential election results, said in June that the FBI had seized his phone during the execution of a search warrant that he argued was unlawful.
He’s now contesting the existence of a second warrant authorizing investigators to search his phone’s contents.
“Because the Government has not produced the warrant … Eastman does not accept the proffer regarding the warrant’s existence and believes that this creates a contested issue of fact,” U.S. District Judge Robert Brack explained in a new filing.
But the judge dismissed Eastman’s arguments, saying the Trump lawyer “cannot make a good faith argument that an evidentiary issue on the existence of a warrant remains.”
The Justice Department reaffirmed to the court that it obtained a second search warrant to search the contents of the phone, per the filing.
Brack said the court will decide on Eastman’s motion based on written briefings from both parties, not from a hearing.
Eastman had rebuffed the initial warrant on the basis that it was overly broad, lacking probable cause and in violation of his Fourth Amendment rights.
He sued to retrieve his phone from the Department of Justice, arguing he wasn’t shown a search warrant until after his phone was taken, but the court denied his efforts to compel the release of the phone and pause the investigation.
Eastman’s legal team said in his initial complaint that his seized phone contains “emails that have been the subject of an intense, five-month privilege dispute” with the House select committee investigating the Jan. 6, 2021, attack on the U.S. Capitol.
OnMyWay Is The #1 Distracted Driving Mobile App In The Nation!
OnMyWay, based in Charleston, SC, The Only Mobile App That Pays its Users Not to Text and Drive.
The #1 cause of death among young adults ages 16-27 is Car Accidents, with the majority related to Distracted Driving.
OnMyWay’s mission is to reverse this epidemic through positive rewards. Users get paid for every mile they do not text and drive and can refer their friends to get compensated for them as well.
The money earned can then be used for Cash Cards, Gift Cards, Travel Deals and Much, Much More….
The company also makes it a point to let users know that OnMyWay does NOT sell users data and only tracks them for purposes of providing a better experience while using the app.
The OnMyWay app is free to download and is currently available on both the App Store for iPhones and Google Play for Android @ OnMyWay; Drive Safe, Get Paid.
Download App Now – https://r.onmyway.com
Sponsors and advertisers can contact the company directly through their website @ www.onmyway.com