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Donald Trump portrait in dark suit and red tie
Former U.S. President Donald Trump leaves Trump Tower in Manhattan on July 19, 2021 in New York City.James Devaney/GC Images
  • The ex-investigations chief of the Manhattan District Attorney's office can't understand why there wasn't a search warrant for Donald Trump.

  • For the last three years, Trump has fought documents subpoenas.

  • Other former Manhattan prosecutors say search warrants can be a problem.

A former top prosecutor with the Manhattan District Attorney's Office says it is "remarkable" that former President Donald Trump was able to keep his business files out of the hands of local investigators.

On Thursday, a Manhattan judge ordered Trump to comply with a series of New York Attorney General civil subpoenas for the former president's testimony and personal business documents, many of which the AG believes he has kept at his headquarters in Trump Tower.

The former Manhattan district attorney, Adam Kaufmann, wondered why the DA hasn't gone into Trump Tower with empty boxes and a search warrant.

Trump denied any wrongdoing.

AG Letitia James issued her first demand for Trump business documents in early 2019.

The long battle for Trump's files is remarkable, according to Kaufmann.

It suggests that The Trump Organization has managed to avoid disclosure of the very records that would point directly to the involvement and knowledge of Trump himself.

Kaufmann is a partner specializing in white-collar criminal defense at Lewis Baach Kaufmann Middlemiss.

If this is true, and there are documents still with The Trump Organization, why hasn't the district attorney gone after the Trump Organization for not producing them?

The Manhattan district attorney's office did not respond to the request for comment.

Search warrants can be problematic.

Daniel R. Alonso, who was second only to Cyrus Vance during his first term as chief assistant district attorney, said that the pros don't have to trust the company.

Alonso said that a search warrant has the element of surprise.

When an investigation has been covert up until that moment, it is a fantastic tool.

He said that getting a search warrant takes a lot of resources and that you can be challenged if you are wrong about probable cause.

John Moscow, a white-collar defense attorney who prosecuted complex financial crimes at the Manhattan district attorney's office, says search warrants can work well when law enforcement wants to seize physical evidence.

Moscow told Insider that there are times when you know where something is and you grab it before it moves.

When investigators are looking for paper, subpoenaing whoever has it is the better route.

The person who has to gather up the responsive documents is the one who can be asked to sit down and provide context for each page.

Moscow, who is senior counsel at Lewis Baach, said that as a prosecutor you need someone to sit down and walk you through the paperwork.

You can't do that with a search warrant, but with a subpoena.

There is a question as to whether the documents James initially sought will be produced now.

In court papers filed in January, James complained that Trump officials were not helping a third-party document search firm that has been hired, to help gather all subpoenaed documents.

It is late in the game, so it is less likely that they are still there.

Even if a document is destroyed, it can come back to haunt a person.

It is illegal and a contempt of court charge.

Alonso said that the state has stronger law on this than the federal government.

A document can be destroyed in a bad way.

Bob Bennett, a DC-based defense lawyer, likes to say that no document is as damaging as one that can be proven to have existed.

The original article is on Business Insider.

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