A federal judge on Thursday denied MyPillow CEO Mike Lindell’s request for a temporary restraining order that would prevent the FBI from accessing his seized cell phone until a hearing occurs in the executive’s case against the seizure.
U.S. District Court Judge Eric Tostrud, a Trump appointee, wrote in his decision, shared by Politico, that it would be "far wiser" for the court to hear from the government and Lindell's team on "relevant factual and legal questions" before making a decision regarding his requests for the order and the return of his phone, noting that a temporary restraining order is an "extraordinary remedy" and that multiple factors must be considered in requests like Lindell's for the return of seized property.
He also wrote that Lindell's team did not "cite any authority that might explain why the cellphone's return is appropriate" under the procedural rule they used as the basis for their request.
The rule, Federal Rule of Criminal Procedure 41(g), authorizes a person to file a motion for the return of seized property.
“The court must receive evidence on any factual issue necessary to decide the motion,” reads the rule.
Tostrud said the plaintiffs failed to provide reasons why the phone should be returned based on Rule 41(g).
“Whether Rule 41(g) requires the cellphone’s return is not obvious, and that’s understating things,” he wrote.
“The decision by the Court simply relates to Plaintiffs TRO request for limited extraordinary relief,” Lindell attorney Andrew Parker told The Hill.
“The case proceeds and we hope to get in front of the Court very soon to air the issues on the merits as set forth in the Complaint and Mr. Lindell and My Pillow’s injunction request.”
The hearing date for Lindell’s case has not yet been set.
The Hill has reached out to MyPillow for comment on the decision.
Updated at 4:35 p.m.
