Trey Gowdy: Affidavit doesn’t tell the whole story on Mar-a-Lago raid

Fox News host Trey Gowdy asserted on Sunday that the affidavit in connection to the FBI raid on former President Trump’s Mar-a-Lago residence only tells the “government’s side” of the story.

(Video Credit: Fox News)

Gowdy opened up his segment on “Sunday Night in America” discussing Magistrate Judge Bruce Reinhart announcing a portion of the affidavit related to the Mar-a-Lago raid may be unsealed.

“It looks like we’ll get to see part of the affidavit used to justify the search of former President Trump’s home in Florida. Judge Bruce Reinhart did what judges often do, which is to say yes and no. Yes, the public is entitled to see portions of the affidavit because there’s a significant interest in the search of the former president’s home. But no, the public won’t see it all because there could be safety concerns for witnesses or it could impact ongoing investigations,” Gowdy stated, going on to assert that the affidavit only tells one side of the story.

“Prosecutors have until Thursday to propose redactions and then the judge will decide whether those proposed redactions are reasonable. There are a couple of things worth thinking about between now and then. Even if we do get to see the affidavit, it’s just one side of the argument. It’s the government’s side. The target of the search doesn’t get to appear in front of a judge. And he doesn’t get to argue against the search or the affidavit. The information has not been cross-examined. And the rules of evidence, which do apply in court, don’t apply to search warrants,” he pointed out.

“Secondly, it takes probable cause to search but it takes a whole lot more than that to convict. Whatever’s in the affidavit, it may or may not wind up being true or proven. And it certainly isn’t the whole story because only the government participates in seeking a search warrant. We don’t know and we won’t know until both sides present their facts and test the evidence on the other side,” Gowdy continued.

“Thirdly, and perhaps most importantly, we should ask ourselves why. Why do we want to read the affidavit? How will it help us arrive at the truth? Do we want all the facts or are we content with just the facts that support what we already believe? Credible evidence is supposed to move us… to persuade us. Can we still be persuaded? Are our minds still open for facts?” the Fox News host wondered.

“If you’re an ardent supporter of the former president, is there anything in this affidavit, or anywhere else, which could lead you to believe that he didn’t follow the rules or the law?” he asked.

In the end, the evidence and the facts should decide whether Trump has something to be held accountable for or whether this is just a political witch hunt, as many believe.

“If you don’t like or support the former president, is he still entitled to a legal presumption of innocence? Are you still open to the possibility that no crime has been committed? Does the evidence still matter or have people already made up their minds?” Gowdy went on to inquire.

“Despite what others may tell you, waiting and wanting to see the evidence is good. It’s even better when the jury hasn’t already made up its mind,” he concluded.

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