Appearing on Mark Levin’s radio show, attorney Jim Trusty said the deposition could take place Friday night or as late as Monday. “It will probably be more like hours,” Trusty said. “It’s coming very soon.” Two people familiar with the discussions also confirmed the potential court filing to CBS News on Friday. Trump’s legal team is considering filing the petition in federal district court in Florida, the sources said. Trump also suggested such a move in a post on his Truth Social platform on Friday. “There will soon be a major Fourth Amendment motion filed regarding the trespassing of my home, Mar-a-Lago, right before the ever-important Midterm Elections,” Trump wrote in part. A person close to Trump added that the former president and his lawyers are eager for federal prosecutors to provide them with a more detailed list of what was collected and to ensure that a “neutral” person is involved in reviewing the documents. Trusty told Levin that the filing would allege the FBI’s seizure was “excessive,” violating the law’s requirement that there be “narrowness” in the investigation. Trusty said Trump’s legal team will argue that a special master is necessary to review the seizure to avoid the possibility of seizing material covered by executive or attorney-client privilege. “We have issues of privilege that are extremely important here,” Trusty told Levin. “We think one of the advantages of the special master, if the master agrees, is that we can stop the DOJ in its tracks when it comes to inspecting these documents.” Sources say Trump’s legal team could seek relief under the Federal Rules of Criminal Procedure that govern the investigations. At least two rules could be mentioned, rules 41(f) and 41(g). Trusty specifically mentioned Rule 41(f) in the interview. This rule concerns the execution of the search warrant. It states that the officer executing the warrant “must prepare and verify an inventory of any property seized” and must provide “a copy of the warrant and proof of the property” to the person whose property was seized. A motion based on this rule would require the full return of items seized based on an allegation that there was something improper about the conduct of the search. Rule 41(g) is a “proposition to return property.” It states that “a person affected by an illegal search and seizure of property or by deprivation of property may move for the return of the property.” David Weinstein, a former assistant U.S. attorney for the Southern District of Florida, told CBS News that such a filing would trigger a process that involves taking evidence, determining whether the property is probative and then challenging it. . “I suspect the government’s response to this will be, we believe everything we seized has probative value,” Weinstein noted on CBS News on Friday. Ty Cobb, a former Trump White House lawyer, told CBS News in an interview Friday that he believes the administration may also favor a special master in order to “err on the side of caution.” “This is an unprecedented prosecution, investigation of a former president,” Cobb said. “That’s never happened before, so I think I’d like to play it to the letter of the law.” On Aug. 8, FBI agents conducted a search of Mar-a-Lago, authorized by Attorney General Merrick Garland, in which they seized 11 sets of classified documents, according to the unsealed search warrant. Agents collected boxes labeled “top secret,” “confidential,” “confidential,” and “top secret/sensitive apartment information.” The warrant revealed that the Justice Department is investigating Trump for violations of three criminal laws, including the Espionage Act. Sources told CBS News that the investigation was connected to a Justice Department investigation into claims by the National Archives that it found 15 boxes of records, including classified material, at Mar-a-Lago earlier this year. Two sources told CBS News that, several weeks before the investigation, a Trump lawyer had signed a document certifying that all classified materials had been removed from Mar-a-Lago.
