spending bills with tax hikes that they say only will hit rich, but an independent study may make a lot of you flinch. welcome, even, this is cavuto live. we begin with lucas tomlinson in d.c. on what we know and don t know about what the fbi sized i. reporter: the fbi to be over two dozen dockses from for. the invenn our unsealed yesterday, the justice department says there were 11 sets of classified files including 4 sets of top secret documents, 3 sents of secret documents and 3 sets of confidential documents and 1 set of classify top secret, sensitive, compartmentalized information, that s, of course, highest category of intelligence. the warrant says this about the items taken, quote: physical documents and records constituting evidence, contraband or other items illegally possessed in violation of three potential crime. the list of seized items does not describe them in details, it just lists them. the fbi agents that raided president trump s home were looking for d
with fbi agents hauling off some 20 boxes including some items marked top-secret. attorney general american garlands and on thursday he personally approved the unprecedented move, listen. lex first i personally approved to seek a search warrant in this matter. second, the department does not take such decision lightly. where possible, it is standard practice to seek less intrusive means as an alternative to a search and to narrowly scope any search that is undertaken. let s bring constitutional attorney form justice department david, good to see if your thank you for being here. so, we heard the ag say it is standard practice to seek less intrusive means. that is something less than a full out fbi raid. so what made it impossible to use those less intrusive means, shouldn t we know? we should. there is no way we can figure it out from the warrant. various leaks suggest there were miss representation when trumps asked for the material being helper therefore you cannot seek a
transparency because without transparency, government is not accountable. the public s business must if always be public. david: and we should remember, by the way, that there was evidence that was given to the fisa courts during the whole russian collusion kerfuffle that was wrong, that was east misinformation either misinformation or actually just not true. there was an fbi attorney, kevin klein smith, who pled because of the pact he agreed the information was not correct that he gave for the various warrants that he had there. so it has been true that the fbi in the past has given bad information to judges in order to get a warrant. that s another reason why we need to see this affidavit, right? carter page s fisa, the steele dossier, how they handled the clinton investigation and
assuming he is not indicted, which i still think it s quite unlikely we will never see the affidavit. david: extraordinaire thing is we know in the past, particularly in the russian collusion kerfuffle we know in fact the fbi was giving that information if not outright lies to the judges that approved of the pfizer warrants. and a one person in particular, kevin kleinsmith was a justice department attorney pled guilty to giving misinformation on the crossfire hurricane investigation. so we know it has happened in the past. there is an old phrase trust but verify. that s a particular important now with the fbi is it not? it is correct. one thing to underscore contrary to what you hear, there fact to the judge approved it and is not prepared to his objectivity. does not establish anything the judge or magistrate has no