Posted on 05/01/2021 2:54:13 PM PDT by blam
The FBI raid this week of former President Donald Trump's lawyer Rudy Giuliani violated the "spirit and the letter of the Constitution," because it permitted prosecutors to read privileged information without permission, according to legal expert Alan Dershowitz on Newsmax TV.
"This was just a misuse of the search and seizure power," Dershowitz told "Saturday Report." "Initially it was turned down; now it was approved, both by a judge and by the attorney general of the United States, so it wasn't lawless action, but I believe that they acted inconsistently with both the spirit and the letter of the Constitution and that there should be remedies for it.
"It just shouldn't be done this way," Dershowitz added to host Carl Higbie. "It should be done through subpoena, and that is the constitutional route to getting evidence."
The only reason to raid Giuliani's privileged electronics is out of fear he would destroy evidence, but Dershowitz added that burden of proof falls short in this case.
"To conduct a search warrant is to imply that Rudy Giuliani and the other lawyers who are subject to the search warrant would destroy evidence," Dershowitz said. "Now, Giuliani knew they were after the cell phones and the computers for months and months and months, and he didn't destroy anything, so what's the basis for the search warrant rather than the subpoena?
"The 4th Amendment demands a subpoena in these situations, not a search warrant. What they did in this case was unconstitutional."
Reading the privileged information is damaging enough to Giuliani or any of his clients, because of "tainting" prosecutors who tend to privately share information with each other.
"What the government does is they seize it all, and then they give it to some prosecutors: They call them the taint team," Dershowitz said.
(snip)
(Excerpt) Read more at newsmax.com ...
And, so what? It’s apparent the current government has no intention of abiding by the Constitution or the rule of law. Nothing will happen to the ones who ordered the raid.
Yes.
Attorney client privilege should be sacrosanct, unless the client and the attorney are colluding to commit a crime together.
They should not have “flipped” Michael Cohen. If he did a crime, he should do the time not given a deal to rat out Trump.
Giuliani, I don’t know all the details. But apparently he was an emissary of the POTUS, as well as his lawyer on several matters. There is no crime in being a diplomat (even if most diplomats are criminals). There is no crime in lobbying to fire an ambassador.
The GOP not condemning this shows that they support the current FBI.
Looks like there’s a WHOLE LOTTA Unconstitutionin’ goin on down there
Apologies to the senator rumored to have said
“seems to be a whole lot of drilling goin on in the gulf”
Yes, yes, it’s unConstitutional. But they did it and have gotten away with it apparently. What is to be done about it?
Alan, for all his leftist political tendencies, has been honest about our constitutionally- recognized rights on many occasions. To his great credit. Having said that, his support for our constitution is a quaint anachronism. We have no more constitutionally- recognized rights - just ask the DNC political hacks like Pelousy and schumer. We now live in a post- constitutional Amerika where we can’t even have an honest election anymore.
HAHAHAHAHAHA. That old scrap of paper is meaningless.
We’ve become the damn Russia we all hated. Got our own kgb and Pravda is alive and well in Biden’s USA.
I wonder WHEN The Dersh will quit saying how much he loves Hillary, and that he’s a proud Democrat. He’s seeing them now for what they really are and I’d love to know what’s going on in his mind realizing that he’s been bamboozled for decades.
Dems: Uh, unconstawhatable? Oh, that fading dusty parchment thing old timers keep harping about? Dates them as codgers.
Soon to be burned in the public squares when the new bigger SCOTUS backs us up 100%.
This is not that hard to understand. Giuliani spent his career putting corrupt politicians and mob figures in prison. Now that those people are in charge of the DoJ and SDNY they are getting even.
just imagine what these legal whores do in their off hours
maybe they fly to malta, diddle little children and collect bearer bonds for various political favors, and get shiny medals and ribbons to pin on their girlymen kilts.
Go get em Rudy.....
The left doesn’t give a rat’s unwashed @ss what is or is not constitutional. They will do whatever they think they can get away with. Period.
Like our current FBI and DOJ give a damn about unConstitutional. That’s cute.
So if the Atty Gen and or a Judge do something unconstitutional it specifically isnt lawless because they get a paycheck from the government? That about it?
The FBI and CNN will now have to raid Dershowitz and show him who’s boss.
Wow that’s good to know! Thanks Alan!
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