Mike Lindell, also known to some as the "MyPillow Guy," had his motion for a temporary restraining order blocked by a judge Thursday, two days after he sued the FBI in order to try and get back his seized cell phone.
Politico legal affairs reporter Kyle Cheney tweeted a copy of the court filing, which denied Lindell's right to have the restraining order issued. If granted, the order would have allowed Lindell to temporarily reclaim his cell phone, which was seized by the FBI on Sept. 14 during an operation at a Hardee's drive-through in Mankato, Minnesota.
\u201cINCREDIBLE: A judge has already *denied* Mike Lindell's motion for a temporary restraining order to reclaim his phone.\n\nThe judge (a Trump appointee) cited... yesterday's appeals court ruling against Trump. https://t.co/hvupjWRWJX\u201d— Kyle Cheney (@Kyle Cheney) 1663865769
Lindell's lawsuit claimed that the FBI "had no authority to detain and question Mr. Lindell against his will," and also claimed that they were violating his First Amendment rights because Lindell was "[informing] the public about alleged fraud and alleged irregularities he believes occurred." He also went on to claim that he needed his phone back because ran his MyPillow business completely from the mobile device.
However, the federal judge - who was appointed by former President Donald Trump - shot down this notion almost immediately, and said that Lindell could not ask for a restraining order as a result of the FBI's actions.
"When the owner of seized property seeks injunctive relief for the return of property while the case remains in the investigative stage (i.e. before criminal charges are brought), the district court must also balance the government's interest in retaining the property against the owner's right to get it back," the judge wrote in his opinion.
In making his decision, the judge cited an appeals court ruling against Trump that was handed down just yesterday as the reason for denying Lindell's motion. That case, Trump v. United States, decided that investigators would be allowed to resume their investigation into Trump's handling of classified documents at Mar-a-Lago, and this precedent was used to justify the denial of Lindell's request.