(CNSNews.com) – Attorney John Eastman, who outlined a plan to keep Donald Trump in office, wants his cellphone back.
The FBI seized the phone last week, as cameras rolled and as Eastman demanded to see the FBI’s warrant to seize his property — a warrant shown to him only after he was frisked and the cell phone confiscated.
“I would like to see the warrant,” Eastman — hands up — told the FBI agents three times, all recorded on video. “I would like to see the warrant before you take my property.”
Eastman told Fox News’s Tucker Carlson Monday night that the warrant gives “no indication of any crime that this is connected to.” That information apparently appears in an affidavit, Eastman said, “but the affidavit wasn’t attached to the warrant.”
“The Fourth Amendment’s very clear here,” Eastman said:
“When they search and seize your property, they have to give a particular description of the things to be seized. And saying it’s identified in the affidavit, if they don’t attach the affidavit, doesn’t qualify. The courts have been very clear about that.
“So this warrant is invalid on its face. But more importantly I think this is extremely important, the authority to seize all of my information — in modern smartphones, that’s access to my all my private financial records. I’m an attorney — it’s access to all my privileged communications with nearly a hundred different clients that I have currently.
“This stuff is what we used to call a general warrant that the British king issued to just go rummage through somebody’s belongings to see if they can find evidence of some crime. The very reason that we have the Fourth Amendment is to prevent that kind of abuse, and yet that’s what they’re doing here.”
Eastman said he will be filing a motion — “it’s called a rule 41 motion,” he said, “to retrieve my phone, to retrieve any information they’ve taken off of that phone that they have illegally seized from me. And we will be doing that in short order.
“But, you know, what they are doing, the other thing that they are doing is that they are posting those of us who don’t bow the knee to the Joe Biden administration to rack up hundreds of thousands of dollars in legal fees trying to protect our constitutional rights and those of our clients.”
House Speaker Nancy Pelosi’s select committee on the events of January 6 has made Eastman a target of their politicized investigation, although the main target is Trump himself.
Rep. Liz Cheney, one of two anti-Trump Republicans on the committee, described Eastman as “one of the primary architects of President Trump’s scheme to overturn the election.”
In a memo obtained by the committee, Eastman described various scenarios whereby Trump could win, including one where Vice President Pence would decide “on his own” which slates of electors to count as valid.
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