President-elect Donald Trump speaks during a news conference at Mar-a-Lago, Jan. 7, in Palm Beach, Fla. (AP Photo/Evan Vucci)
In light of the SCOTUS ruling on presidential immunity as well as Trump's election win in November, Trump is exempt from criminal proceedings, but Howell found the documents could still be released because of that fact, as there are no law enforcement proceedings against him.
"Somewhat ironically, the constitutional and procedural safeguards attached to the criminal process include significant confidentiality mechanisms…. with a parallel safeguard in Exemption 7(A) to help preserve the necessary confidentiality of ongoing criminal investigations leading to anticipated enforcement actions, but for an immune president, Exemption 7(A) may simply be unavailable, as it is here," Howell said.
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Former President Donald Trump headlines a Republican National Committee spring donor retreat in Palm Beach, Fla., on May 4, 2024. (Donald Trump 2024 campaign)
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"Of course, while the Supreme Court has provided a protective and presumptive immunity cloak for a president's conduct, that cloak is not so large to extend to those who aid, abet and execute criminal acts on behalf of a criminally immune president," Howell wrote in a footnote. "The excuse offered after World War II by enablers of the fascist Nazi regime of 'just following orders' has long been rejected in this country's jurisprudence."
Andrea Margolis is a writer for Fox News Digital and Fox Business. Readers can send story tips to andrea.margolis@fox.com.
https://www.foxnews.com/politics/fbi-release-mar-a-lago-probe-records-despite-trumps-criminal-immunity-judge