Donald Trump's motion against the federal government 'is just garbage': National security lawyer

22 August 2022

National security lawyer Bradley P. Moss railed against the motion that former President Donald Trump filed in his civil lawsuit against the United States government over the Federal Bureau of Investigation's August 8th search warrant execution at Trump's Mar-a-Lago retreat in Palm Beach, Florida in a scathing Twitter thread late Monday afternoon.

Moss's analysis came hours after he opined in a Monday morning Fox News editorial that the FBI was "justified" in its judicially sanctioned actions.

"The more I read Trump’s motion, the more I am completely confused and shocked he got three lawyers to risk their law licenses by filing this thing. 1) what kind of motion is this? What authority is he invoking to provide the court with jurisdiction? Is this a preliminary Injunction? Is it seeking an emergency 'Franks' hearing? What is this motion exactly? 2) how are they establishing venue? They filed in the wrong district court as best I can tell (h/t Steve Vladeck)," wrote Moss.

"3) why are there no exhibits or sworn affidavits attesting to any of the facts listed in the motion? Are they deliberately asking for the government to just unleash on them in the response pleading? 4) what is the standard of review? I have no idea what standard they’re saying the judge should even be using in evaluating any of these issues in the motion. 5) what case law is there to suggest these issues can be dealt with now, as opposed to only once an indictment has been issued?" Moss continued.

"Seriously," Moss added, "this motion is just garbage."

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