Judge deals blow to John Eastman's ploy to retrieve seized phone

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Judge deals blow to John Eastman's ploy to retrieve seized phone
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A federal judge canceled a hearing on whether the government legally seized the pro-Trump lawyer's cellphone in June. (via thereidout Blog)

with Fox News host Tucker Carlson back in June, in which Eastman presented footage of officials seizing his phone as he complained they didn’t have a proper warrant.

This suggestion — that government officials didn’t obtain a warrant and therefore should have to destroy any information copied from his phone — has beenU.S. District Judge Robert Brack for the District of New Mexico, who is overseeing the case, had agreed earlier this year to hold a Sept. 6 hearing to discuss Eastman’s allegations.

“Given that the Government has affirmed to the Court on the record that a warrant has been issued, the Court finds that Eastman cannot make a good faith argument that an evidentiary issue on the existence of a warrant remains,” Brack wrote. In other words: “I’m not holding a hearing just so you can regale us with your baseless charade.” Or,, the judge’s cancellation of the hearing"indicates he doesn’t see the legal complexities that Eastman does.”

The Sept. 6 date is still significant despite there no longer being a hearing scheduled, according to Law and Crime. By then, the government is expected to submit a response to Eastman’s claim his phone should be returned unless officials have an ongoing need to keep it. Brack will rule on the matter at some point afterward.

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