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Former U.S. Attorney: Judge must have been convinced there is evidence of a crime

Posted at 6:13 PM, Aug 09, 2022
and last updated 2022-08-09 21:13:17-04

PHOENIX — The act of FBI agents showing up at the home of former President Donald Trump with a search warrant triggered a national political firestorm.

Arizona Congressman Andy Biggs accuses the FBI and Justice Department of weaponizing their powers against Americans who disagree with them.

Legal and law enforcement experts see it differently.

They say judges are not easily convinced and it takes compelling reasons before one of them will sign off on a search warrant, especially one directed toward a former president.

Former U.S. Attorney for Arizona Dennis Burke believes the search warrant executed at Mar-a-Lago Monday was weeks in the making.

"The amount of sign-off throughout the FBI and the Justice Department would be immense. People would have to sign off on this. This is all before you appear before the federal magistrate," Burke stated.

On Monday, Trump said the execution of the search warrant was not necessary.

He referred to the search as an assault, but Burke says the judge must have been convinced there was no other way to guarantee Trump would turn over the documents the Justice Department was after, "In other words, judge if we just try to get those by a subpoena or trying to get consent, we fear the documents could be destroyed or moved," Burke said.

Given the reaction of Trump supporters across the country and in Congress, retired ATF Special Agent in Charge Bernard Zapor says it would have been better if a special counsel conducted the investigation and the FBI played a secondary role.

"Better for the country if this was done through a special counsel's office which would have been made up of investigators from a variety of agencies. They would have the same authority as the FBI and not have the FBI as the investigative agency having executed this," Zapor said.

But it's too late for that now, Burke thinks the execution of the warrant on Monday is a sign this investigation is in its final stages. And questions about why Trump was served will be answered soon.