A federal judge in New Mexico on Tuesday canceled a scheduled hearing on a cellphone seized from an attorney for former President Donald Trump, The Hill reports.
John Eastman, a lawyer who advised Trump on his attempts to overturn the results of the 2020 presidential election, claims that the FBI seized his phone while executing a search warrant, which he argues was invalid. He is also contesting whether a second warrant that authorizes the search of his cellphone's contents actually exists.
"Because the Government has not produced the warrant … Eastman does not accept the proffer regarding the warrant's existence and believes that this creates a contested issue of fact," U.S. District Judge Robert Brack wrote in a filing released on Tuesday.
He went on to say that Eastman "cannot make a good faith argument that an evidentiary issue on the existence of a warrant remains."
Brack also canceled a hearing on the issue that had been scheduled, opting instead to base his decision on written briefings that will be provided by both parties in the case.