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Five big unanswered legal questions in the Trump raid case
justthenews ^ | August 25, 2022 | John Solomon

Posted on 08/28/2022 5:39:06 AM PDT by bosco24

The court ruling clearing the way for Americans to get a glimpse into the reasoning behind the FBI raid on Donald Trump's estate may shed some light on the state of the criminal investigation but likely won't answer many of the substantial legal and political questions bedeviling America.

1. Did the 45th president declassify the documents found in his home?

2. Did President Joe Biden have the constitutional authority to waive executive privilege over Trump documents sent to Congress or the Justice Department?

3. Were some of the records seized by the FBI previously deemed personal records by Trump?

4. Was the approved search warrant overly broad, and did it result in illegal over-collection of evidence?

5. Is the FBI investigation properly predicated to laws that have a criminal enforcement component?

(Excerpt) Read more at justthenews.com ...


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To: Observator

Memorandum on Declassification of Certain Materials Related to the FBI’s Crossfire Hurricane Investigation
LAW & JUSTICE

Issued on: January 19, 2021
SHARE:
ALL NEWS
MEMORANDUM FOR THE ATTORNEY GENERAL
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

SUBJECT: Declassification of Certain Materials Related to the FBI’s Crossfire Hurricane Investigation

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:

Section 1. Declassification and Release. At my request, on December 30, 2020, the Department of Justice provided the White House with a binder of materials related to the Federal Bureau of Investigation’s Crossfire Hurricane investigation. Portions of the documents in the binder have remained classified and have not been released to the Congress or the public. I requested the documents so that a declassification review could be performed and so I could determine to what extent materials in the binder should be released in unclassified form.

I determined that the materials in that binder should be declassified to the maximum extent possible. In response, and as part of the iterative process of the declassification review, under a cover letter dated January 17, 2021, the Federal Bureau of Investigation noted its continuing objection to any further declassification of the materials in the binder and also, on the basis of a review that included Intelligence Community equities, identified the passages that it believed it was most crucial to keep from public disclosure. I have determined to accept the redactions proposed for continued classification by the FBI in that January 17 submission.

I hereby declassify the remaining materials in the binder. This is my final determination under the declassification review and I have directed the Attorney General to implement the redactions proposed in the FBI’s January 17 submission and return to the White House an appropriately redacted copy.

My decision to declassify materials within the binder is subject to the limits identified above and does not extend to materials that must be protected from disclosure pursuant to orders of the Foreign Intelligence Surveillance Court and does not require the disclosure of certain personally identifiable information or any other materials that must be protected from disclosure under applicable law. Accordingly, at my direction, the Attorney General has conducted an appropriate review to ensure that materials provided in the binder may be disclosed by the White House in accordance with applicable law.

Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Attorney General is authorized and directed to publish this memorandum in the Federal Register.

DONALD J. TRUMP

The White House


21 posted on 08/28/2022 7:52:35 AM PDT by bosco24 (EOD)
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To: bosco24

There you go, thank you! Case closed!


22 posted on 08/28/2022 7:53:23 AM PDT by Observator
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To: bosco24
These are good questions that have been satisfactorily answered for me. I am so far beyond these questions and have other questions about the DOJ, FBI, ATF, DEA, CIA, NSA, NDI, and many other three letter government organizations that have existed for decades. Those questions reduce to two overriding questions. Why does government abuse the people’s constitutional rights instead of protecting them? And two, what can be done legislatively and/or constitutionally to change that?

Most Freepers could write endlessly and provide proof to a variety of answers to the first question, but all of those answers can be reduced and abstracted to two words taking the form of ‘deep state’ or ‘administrative state’.

There are a variety of solutions, but it seems to me that a true long term solution requires that the deep state never reconstitutes itself again. That requires understanding how the deep state works. It’s not difficult to understand. It reduces to incompetent people that ban together to form political alliances to advance their careers. I strongly believe that most people employed by government are incompetent. They lack the intelligence, the education, the American individualism, the skills, the motivation, the risk taking and the belief that they can provide for themselves in the private sector. Those things are often instilled at a young age, reinforced by parents and teachers. It is often a generational problem. At the deepest psychological level, there is a shared belief among all government employees. That is fear that requires satiation through safety. Concretely, that manifests itself in employment without consequences. Government employees cannot be fired and rarely can be demoted. Unions, civil and executive service designations insure that this is the case. This is the safety net of government employees. Government employees can play the politics of the deep state to advance in their careers with the only consequence of failure being remaining at their current grade level and continuing to receive guaranteed increases in pay.

The solution is simple. Eliminate public sector unions. Eliminate the civil and executive services. Make all government employment ‘at will’. Limit government employment to a total of twelve years, inclusive of local, state and federal service. Benefits should be limited so that thoset that are employed in government are not enriched by anymore than their salaries and personal investments can provide under the strict constraints of investments being limited to broad based ETFs. There should not be any retirement plans or pensions sponsored by government, or more accurately, the taxpayers.

The grass must be greener in the private sector. Government employees knowing that they will have to return to the private sector after, at most, twelve years will be motivated to work towards and make decisions that fosters private sector health.

The deep state must never manifest itself in other forms. Primarily, there cannot be a pipeline from government to government contractors. That pipeline cannot work in either direction. Government employees and employees of government contractors should be prohibited from being employed government and government contracting companies for a period of six years after employment of either.

Additionally, all legislation produced by Congress must address the effectiveness and efficiency of government programs through defined metrics of success. When those metrics are not met the government program shall be immediately abolished. This stops another aspect of the deep state from persisting. Namely, the organizational organs that continue for generations. The processes and procedures of ineffective government organizations allows the deep state to persist. It provides continuity between generations of government employees. There are some constitutionally required and valuable government programs. They will remain in place if they meet their metrics for success. It must be Congress, as representatives of the people, that determines the metrics, not government agencies.

Lastly, no government employee or organization can ever define or create any mandate, law or regulation. This needs to be purely the responsibility of Congress. Government organizations and employees shall solely be the implementers of laws, regulations and mandates. The people do not elect government employees and government employees shall never have the ability to affect American lives and businesses other than specifics passed into law by the representatives of the people.

23 posted on 08/28/2022 8:12:19 AM PDT by ConservativeInPA ( Scratch a leftist and you'll find a fascist )
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To: John 3_19-21

All questions that should have been asked and answered for the Pedo-Magistrate Bruce Reinhart BEFORE he approved his general search warrant.

Glad to see a Special Master is being forced into the custody and review process by an Article III judge.


24 posted on 08/28/2022 8:24:49 AM PDT by Bshaw (A nefarious deceit is upon us all!)
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To: bosco24

#6—Did the AG (or his prosecutor) seek the opinion of the Office of Legal Council (OLC) prior to the raid?

If not, why not? And are they doing so now?

And if not, why not?

The OLC is considered to be THE section of DOJ that renders opinions of legality regarding Executive branch legal affairs and questions. Look it up.

It’s very unusual to not seek their buy-in on an action like this. They are the “best of the best” in the Executive branch, and can usually predict wether some action will meet constitutional muster in courts.

This would definitely fall under their purview prior to launching.


25 posted on 08/28/2022 9:13:47 AM PDT by Basket_of_Deplorables (Putin is behaving rationally.The war is on Biden and Obama. )
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To: nicollo

“The FIB got away with RussiaGate via Court acquiescence, and will do so again...”

Yes. This is another Hail Mary longshot by The Mark Elias Fan Club at DOJ. Same branch that ran the Russia Russia Russia fiasco that dragged on for THEEE YEARS. They will attempt to do the same here.

They will drag it out forever, through Trump’s entire campaign! Subpoena everybody, leak to the media, lie, FIB raids at night, the whole shebang!!!

Some court needs to shut this down immediately!!!!

And MITCH AND R LEADERSHIP need to be on TV every day screaming!!!!

This is DS Part Eleventy on Get Trump!!!


26 posted on 08/28/2022 9:18:19 AM PDT by Basket_of_Deplorables (Putin is behaving rationally.The war is on Biden and Obama. )
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To: hellinahandcart

Ping.


27 posted on 08/28/2022 10:43:41 AM PDT by sauropod (Unbelief has nothing to say. Chanece favors the prepared mind.)
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To: tinamina

I am trying to verify the reason for the regular magistrate’s absence. The following article from the WSJ was posted on FR on 8-15-22. I have an email in to the author asking her for particulars and how she ruled out “deliberate timing by the feds”. The WSJ pushed the idea that Reinhart got the case “by chance”. Reinhart just “stepped in” to help. Yeah, sure. I wonder who suggested that to them...

“Posted on 8/15/2022, 1:13:47 PM by MaggieMay

Judge Who Approved Trump Search Warrant Was in Role by Chance - WSJ

“When the FBI submitted a search warrant seeking classified information in the Florida home of former President Donald Trump, the magistrate judge on duty in Palm Beach County was unavailable. So another magistrate judge, Bruce Reinhart, stepped in to handle the request, as is typical...”

https://www.wsj.com/articles/judge-who-approved-trump-search-warrant-was-in-role-by-chance-11660488027


28 posted on 08/28/2022 11:13:40 AM PDT by Chewbarkah
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To: Basket_of_Deplorables; GOPJ; DoughtyOne

DOJ: You may have Constitutional powers and rights, but the Security State’s right to sling **** is more important.”


29 posted on 08/28/2022 11:51:54 AM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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