Judge Eric C. Tostrud referenced the 11th Circuit Court’s ruling against the former president in deciding to allow the DOJ to retain the MyPillow founder's phone.
won’t be getting his phone back, District Court Judge Eric C. Tostrud ruled on Thursday, citing, in part, the overturning of a restraining order previously granted to Trump in the Justice Department’s investigation of the former president’s document-hoarding in Mar-a-Lago.
Lindell had filed a complaint for a temporary restraining order and “return of property” after his phone wasby the FBI in connection with an investigation into efforts to overturn the 2020 election results. Lindell argued that lack of access to his phone harmed both his pillow business and his personal health, noting that his phone was linked to his hearing aid.
Tostrud, who was appointed by Trump, denied the bid just hours after it was filed. In doing so, he referenced a decision handed down on Wednesday by the 11th Circuit Court thatgranted to Trump that temporarily barred the DOJ from using documents seized from Mar-a-Lago in their investigation. Two of the three judges on the panel that slapped down Trump’s effort to stymie the investigation were appointed by Trump himself.
Tostrud cited the decision in noting that “when the owner of seized property seeks injunctive relief for the return of property while the case remains in the investigative stage , the district court must also balance the government’s interest in retaining the property against the owner’s right to get it back.”
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