Judge Raymond Dearie, the special master appointed to examine documents taken from former President Donald Trump's Mar-a-Lago estate in August, told Trump's legal team to declare if it believes the FBI planted evidence during its search, but Alina Habba, one of Trump's attorneys, said the real issue is that the agency can't be trusted to have followed the law.
"I think the concern is that we have recordings of these agents going in, and then we were not permitted to watch the agents go into his office space or his home, his bedroom, or Melania's closet and that is incredibly concerning," Habba said on Newsmax's "Wake Up America," emphasizing she is one of the lawyers on the search case.
"Another thing is, they came in with equipment, with bags, so you never know," said Habba. "Unfortunately the climate that we're in politically has led us to believe that we can't really be sure that they're following the rule of law at any point, and that's the most concerning thing I think for all Americans right now.
"Just the fact that that the FBI has gone into Barron Trump's room before going into somebody like Hunter Biden's room, it's a little ridiculous."
Habba added that the Trump team backed picking Dearie as a special master after learning that even though he'd been on the FISA court that signed the warrant allowing the FBI to surveil the former presidential campaign in 2016, "he also learned later that he had been misled by the FBI," she said.
"He has become a more neutral party, not necessarily pro-Trump, which is why I believe they selected him and thought that he would be somebody that we could find common ground with."
Meanwhile, Trump remains in "great spirits" and is "really optimistic for the midterm elections and optimistic for the country's future," said Habba.
"I think that's what makes a leader," she added. "You can't get down when the country is failing and you're under siege."
Meanwhile, Habba noted that the National Archives and Records Administration has acknowledged moving documents from former President Barack Obama's administration to a Chicago-area warehouse, and Habba called that a "dual system of justice."
"This warehouse was next to a McDonald's in an abandoned parking lot," said Habba. "I urge your viewers to take a minute to Google. The warehouse that he selected was unsecured. There was no Secret Service. This was not a gated property."
According to a statement from NARA, the agency obtained the records in 2017, after Obama's term ended, with 30 million documents being moved to a NARA-operated facility in Chicago. NARA said none of those documents was classified, but the administration's classified documents are in a separate agency-operated facility in Washington, D.C.
Meanwhile, Habba said she doesn't think Trump will be indicted, but "I think we need to start talking to the DOJ for their benefit and to just clear this up in whatever confusion is going on."
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