Former President Donald Trump.
Kyle Mazza/Anadolu Agency via Getty Images
The Justice Department has seized phones of at least nine of Trump’s associates.
The DOJ can only seize phones with probable cause a crime has been committed.
The confiscated devices could help agents track a person’s communications and even movements.
Adding to the clues that the Justice Department is heating up its investigation of former President Donald Trump is the latest revelation that federal authorities have seized cell phone devices from two more of his close associates.
The cell phones seized by federal authorities were from Trump’s campaign and legal adviser Boris Epshteyn and Republican campaign operative Mike Roman. The New York Times also reported that the Justice Department issued about 40 subpoenas to other individuals for its investigation into the fake slate of electors scheme.
Under current laws, federal authorities cannot seize cell phones without probable cause. These electronic devices could provide a lot of insight into an individual’s activity and involvement, said David Weinstein, a former prosecutor and Miami criminal defense attorney.
“They can also use the information on the phone to track whereabouts and locations based on GPS functions that phones have,” said Weinstein, referring to federal authorities. “It also helps law enforcement corroborate a lot of other evidence and testimony that they have.”
Since the Justice Department began its investigation into the January 6 insurrection, federal authorities have seized phones and electronic devices from at least nine individuals in Trump’s orbit.
Here’s a look at who they are and how they could potentially be involved in the DOJ’s investigation.
Former New York City Mayor Rudy Giuliani.
Mary Altaffer/Associated Press
Rudy Giuliani
Former NYC Mayor Rudy Giuliani was Trump’s personal attorney. Last April, federal authorities searched his home and seized 18 electronic devices, including his cell phone. Federal prosecutors said at the time that the devices belonged to Giuliani and “certain employees” of Giuliani Partners, according to the Associated Press.
Following the search, Giuliani’s attorneys said that federal agents treated their client like a “drug kingpin” rather than a personal attorney to the former president.
In the aftermath of the 2020 presidential election, Giuliani peddled election fraud conspiracy theories and pursued legal strategies to overturn the election results.
Victoria Toensing is a former federal prosecutor.
Photo by David S. Holloway/Getty Images for Turner
Victoria Toensing
Toensing is a former federal prosecutor and close ally of Giuliani and Trump. Last April, federal authorities also executed a search warrant at her home and seized her electronic devices. Prosecutors said the government obtained a warrant to search for a device “for evidence of enumerated offenses.” The devices were later transported to the Southern District of New York, according to the Justice Department.
Toensing did not respond to Insider’s request to comment.
Nevada State Republican Party Chairman Michael McDonald.
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Michael McDonald
Last June, federal authorities served a search warrant on Nevada State Republican Party Chairman Michael McDonald and seized his phone.
The House select committee, which is also investigating the January 6 insurrection, has also issued a subpoena for him and 13 others to testify and turn over documents related to the fake elector scheme. That effort sought to name electors for Trump in states that now-President Joe Biden won in an apparent attempt to derail the congressional certification of Biden’s victory.
McDonald did not respond to Insider’s request to comment.
Rep. Scott Perry of Pennsylvania.
Carolyn Kaster/AP
Scott Perry
In August, federal authorities seized Pennsylvania Republican Rep. Scott Perry’s cell phone device while he was on vacation in New Jersey.
Perry then filed a lawsuit against the Justice Department, requesting for all the cell phone data to be returned to him. He also asked the judge to block federal authorities from reviewing his phone data.
Perry did not respond to Insider’s request to comment.
Former Trump legal adviser John Eastman.
AP Photo/Susan Walsh
John Eastman
Eastman is a conservative attorney who advised Trump that the then-Vice President Mike Pence could overturn the 2020 presidential election result, in direct conflict with Pence’s advisers who warned this would be unlawful.
White House counsel Pat Cipollone testified before the House select committee investigating the January 6 insurrection and told the panel that he confronted Eastman over his theories to overturn the 2020 election results.
Jeffrey Clark, a former DOJ official.
Yuri Gripas/Pool via AP, File
Jeffrey Clark
Clark was a DOJ assistant attorney general in the Trump administration. In June, federal authorities searched his home in Virginia and seized his electronic devices, which reportedly included his phone.
During their public hearings, the House select committee revealed that Clark, a former environmental lawyer, wrote up a letter claiming that there was election fraud during the 2020 presidential elections and was prepared to send it out to state legislatures in an attempt to overturn Biden’s victory in those states.
Clark has previously criticized the Justice Department’s investigation calling it “highly politicized.”
He did not respond to the Insider’s request to comment.
Former Trump campaign advisor Boris Epshteyn.
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Boris Epshteyn
Epshteyn is a former campaign adviser to Trump who helps to coordinate the former president’s legal strategy. Fulton County District Attorney Fani Willis filed a petition seeking Epshteyn to testify as a part of her probe into whether Trump and his associates attempted to overturn Georgia’s 2020 election results. The January 6 committee has also subpoenaed him to testify in its investigation.
He did not respond to Insider’s request to comment.
Mike Roman
Roman is a former election operations director for Trump’s re-election campaign. The Hill reported that on January 6 he delivered lists of false election certificates to Republican Rep. Mike Kelly of Pennsylvania.
MyPillow CEO Mike Lindell.
REUTERS/Octavio Jones
Mike Lindell
Lindell, the CEO of bedding manufacturer My Pillow, said federal authorities served him with a subpoena to obtain the contents of his phone. Lindell has peddled Trump’s theories on voter fraud and faces a $1.3 billion defamation lawsuit from Dominion Voting Systems.
He did not respond to Insider’s request at this time to comment on the matter.