Trump election attorney John Eastman says FBI seized his phone

John Eastman, election attorney to former President Donald Trump, claimed Monday in a court filing that the FBI seized his phone.

Federal agents executed a search warrant last week while Eastman left a restaurant in New Mexico, he wrote in the motion, which CNN obtained. The attorney asked to see the warrant, but the officer refused and seized his iPhone Pro 12, he said.

Eastman "was forced to provide biometric data to open said phone" and "was not provided a copy of the warrant until after his phone was seized," the attorney said in the U.S. District Court of New Mexico filing.

Eastman asserted that the warrant violated his Fourth Amendment rights and urged a judge to force the Department of Justice to return his phone.

A federal judge ordered the Trump legal advisor earlier this month comply with the House Jan. 6 committee's subpoena by turning over more than 150 documents about meetings between him and a pro-Trump group. 

The seizure appears to be part of an intensifying DOJ investigation into Jan. 6. 

Eastman's phone seizure occurred the same night Justice Department officials searched the home of former Trump DOJ attorney Jeffrey Clark. Agents also reportedly delivered subpoenas that day to Trump-allied attorney Brad Carver and campaign official Thomas Lane.