Nobody Expects the Spanish Inquisition!
Posted on 08/15/2022 4:30:12 AM PDT by MtnClimber
Media coverage of the Mar-a-Lago raid has not been entirely illuminating, melding together as it does without distinction the four components of the search warrant process. The four components are:
1. Petition
2. Affidavit
3. Warrant
4. Return
The petition is the Department of Justice’s application asking that the court issue a search warrant. In the petition, the DOJ (a) argues to the court that the affidavit shows there is probable cause to believe that evidence of criminal activity can be found on the target premises and (b) specifies the nature of that evidence (documents, firearms, automotive parts, etc. whatever).
The affidavit is a sworn statement attached to the petition attesting to the essential facts that would justify the court’s issuing that warrant.
The warrant is an order from the court commanding the search be done, and the evidence seized.
The return is the DOJ post-raid report to the court detailing how its agents (i.e., the FBI) executed the warrant: How they carried it out, what evidence they seized, and where they are safeguarding that evidence. If the DOJ intends to use any of the seized evidence in a trial for the alleged crimes, it must report that reported in the return.
We should soon be hearing DOJ lawyers shout “smoking pistol!” about certain evidence allegedly seized in the raid, which evidence Trump attorneys may well allege was planted during the raid.
The DOJ will probably indict Trump for something and attempt to have a jury trial in DC shortly before the 2024 election.
(Excerpt) Read more at americanthinker.com ...
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I’ve got to hand it to these Democrats - they think up creative ways of how to clear the playing field. Must have studied the Soviet Union’s tactics where they just execute the competition.
The MSM is salivating over the possibility of the trial of the century happening right during election season ‘24. They only see dollar $ign$ of increased viewers and ads. Frankly, Trump himself may be hoping for the same - martyrdom can’t be easily purchased and it provides huge popular benefits. Imagine, the left thinks they are ridding themselves of Trump but they may actually create an ever more popular figure.
It seems to me that there is another step in this raid process that is being overlooked? All of the ‘evidence’ taken that will not be used to indict should be returned to the proper owner, DJT? Will everything that was taken be used at a trial?
Listened to the Andrew Klavan podcast show yesterday. He had a legal expert guest on. Can’t remember his name but he said a search warrant is supposed to be used to find evidence of a crime that ALREADY happened.
As opposed to look for evidence that a crime was committed.
So can it be proven there was no previous crime? More importantly can anything be proven if the FBI is corrupt and they have a biased Federal Judge?
Take it to the SCOTUS?
Helpful post. Thanks.
Do Democrats lie on affadavits?
Yup—like rugs—because there are never any consequences for doing so.
good info,thanks
any idea if judicial watch or anyone has filed to get the petition and affadavits released?
Tom Fitton of Judicial Watch stated that they have filed to have all documents released under FOIA request.
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