A federal judge has denied MyPillow CEO Mike Lindell’s request for his phone to be returned a week after the FBI seized it in a Hardee’s drive-through.
District Court Judge Eric Tostrud, a Trump-appointed official, denied Lindell’s request to stop the FBI from searching his phone as part of an investigation into alleged voting machine tampering in Colorado.
Lindell asked for an injunction that would prevent the FBI from “taking any action.” Judge Tostrud ruled that Lindell’s evidence did not prove his rights had been violated, saying that the pillow connoisseur did not provide the appropriate answers or evidence to the legal questions required for such a request.
The motion was filed by Lindell’s attorney, Alan Dershowitz, who told the Law and Crime sidebar channel that he “agrees with it [Lindell] to very little,” he believes it is “vital that people on my side of the political fence — Biden supporters — hold the Justice Department accountable for trying to target our political enemies.”
In his filing, Lindell said the Justice Department’s warrant and seizure method in obtaining the phone was a violation of his First, Fourth, and Fifth Amendment rights. However, Judge Tostrud ruled that an injunction was an “extraordinary remedy.” He said he could not approve the order “without an obvious answer” to Rule 41g, which refers to Code of Criminal Procedure 41(g). The rule states that “the court must obtain evidence on all questions of fact necessary to decide the application”.
Judge Tostrud said: “It would be stretching too far to grant relief under this rule if the parties to the move did not explain anywhere how the rule’s procedural framework and substantive standards support the request.”
He continued, “Whether rule 41(g) requires the return of the cell phone is not obvious, and that is an understatement.”
The judge also noted Wednesday’s ruling by the 11th Circuit Court of Appeals, which upheld Judge Aileen Cannon’s injunction regarding the approximately 100 documents bearing classified markings seized from former President Donald Trump’s Mar-A-Lago residence. repealed and significantly revised. Judge Tostrud noted similarities in the Trump case:
“[W]If the owner of seized property seeks an injunction to have the property returned while the case is in the investigative phase (i.e., before criminal charges are filed), the district court must also consider the government’s interest in maintaining the property against the owner’s right to receive it weigh it back.”
Tostrud eventually ordered Lindell’s side to “contact the court to set up a hearing.” A briefing schedule will then be drawn up, he said.
Lindell was not charged with any crime.
https://www.thedailybeast.com/judge-denies-mike-lindells-plea-to-get-his-phone-back-after-fbi-hardees-seizure?source=articles&via=rss Judge denies Mike Lindell’s plea to get his phone back after FBI Hardee seizure