Case 9:23-cr-80101-AMC Document 655 Entered on FLSD Docket 06/27/2024 Page 2 of 11
CASE NO. 23-80101-CR-CANNON
showing” that the affidavit in support of the Mar-a-Lago search warrant contains any material false
statements or omissions. The balance of the Motion cannot be resolved on the current record,
however, because of pertinent factual disputes, and thus the Court RESERVES RULING on those
issues as stated below, pending an evidentiary suppression hearing to be scheduled by separate
order.
DISCUSSION
A. LEGAL PRINCIPLES GOVERNING A FRANKS HEARING
The Supreme Court has expressed “a strong preference” for searches conducted pursuant
to a warrant and has directed courts to accord “great deference” to a magistrate’s determination of
probable cause. United States v. Leon, 468 U.S. 897, 914 (1984) (internal quotation marks
omitted); id. at 922 (“[A] warrant issued by a magistrate normally suffices to establish that a law
enforcement officer has acted in good faith in conducting the search.”) (internal quotation marks
omitted). To this end, affidavits supporting warrants are presumptively valid, Franks v. Delaware,
438 U.S. 154, 171 (1978), and courts should not invalidate warrants by interpreting affidavits in a
“hypertechnical, rather than . . . commonsense, manner,” Illinois v. Gates, 462 U.S. 213, 236,
(1983) (internal quotation marks omitted).
As enunciated in Franks, however, deference to a magistrate’s determination of probable
cause “does not preclude inquiry into the knowing or reckless falsity of the affidavit on which that
determination was based.” Leon, 468 U.S. at 914. This derives from the root assumption that,
when the Fourth Amendment requires probable cause for the issuance of a warrant, the showing
of probable cause will be “truthful.” Franks, 438 U.S. at 164–65. “Truthful” in this context does
not mean, however, “that every fact recited in the warrant affidavit is necessarily correct, for
probable cause may be founded upon hearsay and upon information received from informants, as
well as upon information within the affiant’s own knowledge that sometimes must be garnered
2

Former President Trump and President Biden have spent weeks in preparation leading up to their center stage appearances tonight for the highly anticipated CNN Presidential Debate.

The debate is the first of the 2024 presidential election cycle to include both men, and millions of Americans across the country are seeking answers to questions about critical issues important to voters.

However, Americans are also awaiting viral moments brought on by both the remarks and facial expressions of each presidential candidate, especially as neither nominee is a stranger to social media virality.

YOUNG TRUMP SUPERFAN BROUGHT TO TEARS WHILE MEETING FORMER PRESIDENT

A few times since Biden began his presidency, the incumbent has attracted hundreds of thousands of clicks for a number of speaking gaffes and a few falls.

In 2022, Biden was recorded falling off his bike while cycling in Delaware, which quickly circulated across social media platforms.

Last summer, Biden drew social media attention when he tripped and hit the stage floor during an Air Force Academy graduation ceremony.

Last weekend, Trump went viral during a moment shared with a young fan in Philadelphia where the child was wearing a Trump-like suit and wearing a wig. The kid met the former president, who signed and gifted him with a $20 bill, and the exchange was captured on video. It garnered nearly 900,000 views on X at midday on Sunday.

“I like that kid! So, if your parents don’t want you, I’ll take you,” Trump said in the video.

PRESIDENT BIDEN ALMOST FALLS WHILE WALKING UP AIR FORCE ONE STAIRS

Biden has gone viral for falling down several times since becoming president. (Fox News)

In 2023, following his arrest in Fulton County, Georgia, Trump’s mugshot immediately went viral and has since been used to decorate coffee mugs, sweatshirts and T-shirts, including those sold on his own campaign website.

While there will be no audience present tonight in Atlanta at CNN’s Midtown studio, and microphones will be controlled by media personnel, viewers everywhere will be looking at the candidates for clashing reactions to one another, especially the usually unabashed expressions provided by Trump.

Here are some of the most memorable facial expressions by the former president during previous presidential debates.

Trump reacts to Biden saying he has no COVID plan

During the Sept. 29, 2020, presidential debate between Trump and Biden, hosted by Fox News, Biden said of Trump during the COVID-19 pandemic, “He went on record and said to one of your colleagues, recorded, that in fact he knew how dangerous it was, but he didn’t want to tell us, didn’t want to tell us because he didn’t want us to panic.”

He added, “He didn’t want us. Americans don’t panic. He panicked,” and went on to say that Trump “still doesn’t have a plan” regarding next steps to combat the disease at the time.

Trump reacts to Biden saying he “doesn’t have a plan” during a 2020 presidential debate. (Fox News)

Trump reacts to a question about paying $750 in federal income taxes in 2017

During the same presidential debate on Sept. 29, 2020, Trump was asked by the moderator if he would tell Americans how much he paid in federal income taxes in 2016 and 2017, to which he responded, “Millions of dollars.”

He added, “And you’ll get to see it.”

In late 2022, Democrats revealed Trump’s tax returns and made his finances public to the American people, though Trump worked to stop them in court.

HILLARY CLINTON COMPLAINS IT’S ‘IMPOSSIBLE’ TO DEBATE TRUMP, ‘WASTE OF TIME’ TO REFUTE ARGUMENTS

Trump reacts to a question about his federal tax filings during a 2020 presidential debate. (Fox News)

Trump’s reactions during debate with Hillary Clinton

During a 90-minute CNN-hosted presidential debate on Oct. 9, 2016, in St. Louis, Hillary Clinton and Trump went head-to-head on topics including taxes, a travel ban on Muslims, Syrian refugees and two-faced politicians, among other topics.

Early in the debate, Clinton said, “It’s just awfully good that someone with the temperament of Donald Trump is not in charge of the law in our country,” 

Trump responded ominously, “Because you’d be in jail.”

Later in the debate the former Secretary of State said, “Well, everything you’ve heard from Donald is not true. I’m sorry I have to keep saying this, but he lives in an alternative reality and it is sort of amusing to hear somebody who hasn’t paid federal income taxes in maybe 20 years talking about what he’s going to do, but I’ll tell you what he’s going to do.”

Trump reacts to energy policy statement from Biden

During the final presidential debate between Trump and Biden on Oct. 22, 2020, at Belmont University in Nashville, Tennessee, the former president and incumbent disagreed over energy policies when Biden said he wanted to move away from fossil fuels.

Biden said of Trump, “He won’t give federal subsidies to the gas, excuse me, to solar and wind,” to which Trump subsequently reacted with “Oooh!” a couple of times.

Trump reacts to Biden’s remarks during an ABC-hosted presidential debate in 2020. (ABC)

Trump reacts to Clinton and climate change remark

The first presidential debate between Clinton and Trump drew over 84 million viewers.

During the debate on Sept. 26, 2016, Clinton said of the former president, “Donald thinks that climate change is a hoax perpetrated by the Chinese,” to which Trump subtly raised his eyebrows and followed with “I did not. I do not say that.”

CLICK TO GET THE FOX NEWS APP

Trump reacts to remarks made by Clinton regarding climate change during an NBC-hosted presidential debate in 2016. (NBC)

The earliest general election debate in a U.S. presidential contest is set to begin Thursday night, with President Biden and former President Trump expected to shower disdain on each other in a confrontation that will refocus attention on a razor-close campaign.

With polls tightening but still showing Trump with a narrow lead nationally and in most battleground states, the noisy showdown between two bitter rivals will be contrasted with the quiet setting — in a CNN studio in Atlanta, with no audience for the first time in recent debate history.

A majority of Americans have a negative view of both men, and a supermajority have told pollsters they wish they had other major-party candidates to choose between. But that does not reduce the stakes in the debate, set to begin at 6 p.m. PDT on CNN and other outlets.

Critics say that a principal challenge for the 81-year-old Biden is to show that he has the acuity and vigor to lead the world’s most powerful nation. He’ll likely to face tough questions about inflation that skyrocketed in 2021 and 2022 and an illegal immigration surge that hit a high at the U.S.-Mexico border in 2022.

Trump critics say one of his top challenges is proving he cares about Americans outside his fervent political base. He’ll likely be asked to explain why he continues to perpetuate the fiction that he defeated Biden four years ago and why he appointed Supreme Court justices who eliminated the right of women to have an abortion.

Many Americans surely will spend the early summer evening avoiding the tempest. Even some political professionals (at least those not employed by the Trump and Biden camps) have been cringing about the spectacle that is now at hand.

“Never have so many had such low expectations for the next leader of the free world,” said Mike Madrid, a Republican strategist in California who was a leader of the anti-Trump Lincoln Project. “Finishing the night without a broken hip or a racial slur would appear to be the barometer of success.”

Biden’s team made clear in an interview that the president plans to hit Trump on multiple fronts: “ripping away reproductive rights, promoting political violence and undermining our democratic institutions, and doing the bidding of his billionaire donors to fund tax giveaways to the ultra-wealthy and corporations by hurting seniors and the middle class.”

Trump’s supporters have a litany of complaints about Biden, saying the incumbent has a “terrible record” that includes “a border crisis, rampant inflation, disastrous foreign policy and a war on American energy,” according to Jessica Millan Patterson, chair of the California Republican Party.

Those who don’t like what they’re hearing from the two top contenders have another option: tuning in to a video stream from the campaign of Robert F. Kennedy Jr. It will show the independent candidate — still trailing badly in most polls — answering the same questions as the leading contenders. CNN refused Kennedy’s bid to be on stage with Biden and Trump.

Commentators and good-government groups have been yearning for a debate featuring real substance. But most also fear a reprise of the first debate between then-President Trump and Biden in 2020, when Trump talked over Biden repeatedly and moderator Chris Wallace could not restore order.

An exasperated Biden finally retorted: “Will you shut up, man?”

A nonpartisan group released a study last week that showed an escalating war of incivility in presidential debates — with interruptions escalating markedly in the Trump era. The organization, Open to Debate, counted a total of 76 interruptions by the two candidates in the first 2020 debate, though the vitriol decreased markedly in the second debate, with just four interruptions.

In an attempt to control Thursday’s give-and-take, CNN announced it will mute the microphone of whichever candidate has not been asked to answer a question.

Trump supporters have cast aspersions on the CNN crew and co-moderators Jake Tapper and Dana Bash, saying Tapper, in particular, has shown a bias against the former president. They have also complained that Trump will be unfairly muted.

At least one Democratic strategist, Dan Newman, said he understands why the Biden team wouldn’t want Trump shouting over the incumbent. “But it does limit one of the way Trump shows he’s … repugnant,” Newman said.

In a recent interview with Byron York of the Washington Examiner, Trump signaled that he’s not comfortable with the prospect of speaking in an empty studio.

“You have no audience to read,” Trump said. “To me, the audience is easier because it’s telling you what is going on, indirectly, with applause or not applause. This room is a sterile, dead room, which is I guess what they want.”

Trump also told York that he was “very aggressive” in his first 2020 debate with Biden but got “great marks” on a second debate, when he was less combative.

Trump has not shied from unfounded claims in the debate run-up. He has suggested that Biden will not be able to perform without some pharmaceutical enhancement.

“Look, he’s going to be jacked up on something, like he was for the State of the Union,” Trump told one campaign crowd, with no evidence. “He was jacked up. That’s why I called for the drug test.”

As to the tone he will set Thursday night, the presumptive Republican nominee for president said: “I’m probably going to look at the scene at the time. It’s like a fight. It depends on what the situation is.”

Aaron Kall, director of debate at the University of Michigan, said considerable uncertainty remains over how the two candidates, the oldest ever to face off for the presidency, will perform.

“The million-dollar question is whether Trump and President Biden have the self control to stay on task during the entirety of the debate or whether they could lose their cool,” said Kall, co-author of “Debating the Donald.” “Not knowing how the answer to this critical question will turn out is one of the main reasons tens of millions of Americans will tune in to find out on Thursday night.”