In this Oct. 30, 2017, file photo, Judge William H. Baer of the U.S. District Court for the Eastern District of New York looks out of a window while speaking in Washington, D.C. After an FBI search warrant was issued on Friday, Oct. 29, 2017 in Brooklyn, the judge issued an order allowing the agency to enter the home of a Brooklyn judge’s wife and his young son to examine the laptop computers and other materials stored there.
Baers order came as the U-S-first Brooklyn judge faced mounting criticism after he told a federal magistrate judge that he had been told to allow the FBI to search his home, but then had his computer searched and ordered to delete evidence from it.
Baering had initially ordered that the FBI search the home after learning that a computer belonging to Baer’s estranged wife, former Brooklyn U.D.S., Judge Susan Baer, had been seized.
She was arrested in February, charged with obstruction of justice.
In the end, Baer did not seek a warrant to search the house because the judge had already been granted one.
The Brooklyn district attorney said in a statement Friday that Baer had asked a federal judge to approve a search warrant and that the search was “the right thing to do.”
The FBI, however, argued that Baers request to search Baers home violated his Fourth Amendment right against unreasonable searches.
Baing, whose wife is married to Baers son, was arrested Friday and charged with obstructing justice, according to his attorney, Jeffrey F. Dolan.
“He is being treated unfairly by the court and the Brooklyn district attorneys office, and he has not been allowed to explain himself,” Dolan said in the statement.
Baermans wife, Judge Susan Raesler, was released from custody after posting $20,000 bail.
The New York Times first reported on Friday that the judge’s computer and other items were being returned to Baergs house.
In his letter to Baerer, Baers lawyer, Michael Bekoff, wrote that Baering was asked to surrender the items and requested to receive a search of his home.
“It is my understanding that your request was denied and the items returned to your house,” Beko wrote in the letter, which was reviewed by Fortune.
Baercers son was reportedly in the house at the time of the search.
The Associated Press first reported Baer was ordered to destroy all evidence and said that Baerg’s son, who was living with Baer at the same time, was also ordered to give up all evidence.
The Times added that the son had also been told he could be charged with conspiracy and obstructing the government in an investigation into the case.
The case was first reported by the Times.
The judge was arrested on suspicion of violating the Federal Rules of Criminal Procedure, which require a judge to obtain a warrant before he can search a judge and the property of a judge.
The search of Baerd’s home is part of a broader case that has involved Baerg being charged with failing to comply with the court’s order to produce evidence.
Baerg is also facing an unrelated case in Brooklyn federal court.
In October, a judge ordered that Baertons wife and son, also known as “the judge’s sons,” be released on bond.
That warrant was later revoked and the judge was later charged with contempt of court.
Baerts wife and sons were not charged.
The Washington Post has also reported that Baerns wife, now in her early 60s, has filed for divorce and has been separated from Baer.
Baernsdors son, now a teenager, was charged in February with making threats and obstruction of government investigations related to the case, according the AP.