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Boomerang? DOJ admission it over-collected evidence in Trump raid creates new legal drama
Just The News ^ | Updated: August 16, 2022 - 12:41am | By John Solomon

Posted on 08/16/2022 5:23:06 AM PDT by Red Badger

Former top FBI official says search appears to have been overly broad and gives Trump lawyers an avenue for appeal.

Three passports, Privileged documents. A file on a presidential pardon. As evidence surfaces about what FBI agents seized during the raid of former President Donald Trump's estate in Mar-O-Lago, new questions about the real focus of the investigation and new avenues for legal challenges are bubbling to the surface.

The Justice Department informed Trump's team Monday that agents gathered the former president's passports and are obligated to return them, and that officials are also reviewing seized materials that may be covered by various privileges, multiple sources told Just the News.

DOJ has designated a process for separating materials that could be covered by executive privilege or attorney client privilege and hopes to return such memos to Trump within a couple of weeks, the sources said.

"Occasionally a warrant collection can grab things outside the scope authorized by the court and the department is now following a procedure we would for any person affected this way," one official said Monday night.

Kevin Brock, who served as FBI assistant director for intelligence under former Director Robert Mueller, said the new revelations raise legitimate questions about over-collection of evidence that could lead to significant legal challenges. Trump lawyers are weighing whether to ask a federal court to name a special master to review sensitive documents and protect the president's 4th amendment, executive and attorney-client privileges.

"Trump's attorneys could have a runway to argue the scope of the search is overly broad," Brock told Just the News. "Search warrants normally require a level of specificity that seems to be missing in this warrant. Specificity is important in order to protect 4th Amendment rights from exuberant government overreach designed to find whatever they can."

Brock said he was particularly troubled FBI agents felt comfortable seizing a record of Trump's pardon of longtime friend Roger Stone, which the bureau disclosed in court documents. He said it suggested the raid may have something more to do with the Jan. 6 Capitol riot probe, where Stone has been a figure of interest, than an investigation into classified records.

"The president’s authority to grant pardon and clemency is clear but what isn’t clear is why the retention of a clemency order would be considered illegal," Brock said "The fact that it is highlighted on the receipt list, and that it has to do with Stone, will likely provide ammunition to Republicans who are asserting that the search was less about a document dispute and more about a hunt for derogatory Jan. 6 information."

The revelations came on a day when DOJ also opposed requests to unseal the FBI affidavit explaining the motive for the search, arguing such a move could imperil this and other investigations.

Judicial Watch President Tom Fitton, whose conservative watchdog regularly sues the government to release documents and is seeking to compel release of documents in the Trump search, said the government's first court filings appear to describe an overly broad search that went far beyond classified records.

"They were engaged in a fishing expedition, and the warrant itself wasn’t about classified information, though it mentioned it," Fitton told Just the News. "It talked about all sort of other documents. It basically gave the FBI carte blanche to anything they wanted from the Trump home.

"And the fact that a judge signed off on it is very troubling," he added.

Brock agreed that the search warrant included a "stunningly broad scope" of targeted evidence and warned it could have a chilling effect on past and future presidents.

"This apparently makes a novel legal assertion that any presidential record kept by a former president is against the law," he explained. "You have to wonder what the other living former presidents think about that. They have the right and, apparently, clear desire to remain silent.”


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: creepstate; deepstate; policestate; singlepartystate
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1 posted on 08/16/2022 5:23:06 AM PDT by Red Badger
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To: Red Badger

Let’s see the affadavit. FBI executes unconstitutional general warrants all the time; we just heard about this one.


2 posted on 08/16/2022 5:24:54 AM PDT by oblomov
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To: Red Badger

Whadda clown show.


3 posted on 08/16/2022 5:25:33 AM PDT by lgjhn23 (Pray for America....)
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To: oblomov

They don’t want the affidavit made public because it would show who was the spy...........................


4 posted on 08/16/2022 5:28:00 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger
It basically gave the FBI carte blanche to anything they wanted from the Trump home.

Seems unconstitutional.

5 posted on 08/16/2022 5:29:58 AM PDT by ClearCase_guy (We are already in a revolutionary period, and the Rule of Law means nothing. )
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To: Red Badger

Looking at all of the Constitutional amendments, I don’t see one that provided a national security exception to the 6th Amendment right to confront one’s accuser.


6 posted on 08/16/2022 5:31:19 AM PDT by oblomov
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To: Red Badger

The only matter of importance is what they found.

Possibly the only purpose of the raid is only to muddy the waters and reduce Trump’s influence.


7 posted on 08/16/2022 5:31:37 AM PDT by cymbeline
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To: ClearCase_guy
4th AMENDMENT:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

8 posted on 08/16/2022 5:32:10 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger
“Over collected” = stole

As “no one is above the law,” Florida should issue arrest warrants for the FBI agents.

9 posted on 08/16/2022 5:33:29 AM PDT by thegagline (Sic semper tyrannis )
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To: cymbeline
THE ONLY PURPOSE OF THE RAID AS TO MAKE AMERICANS THINK TRUMP WAS GUILTY OF SOMETHING...........................
10 posted on 08/16/2022 5:33:37 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger
"Occasionally a warrant collection can grab things outside the scope authorized by the court and the department is now following a procedure we would for any person affected this way," one official said Monday night.


Two FBI agents grabbing things.

11 posted on 08/16/2022 5:34:11 AM PDT by Alas Babylon! (Rush, we're missing your take on all of this!)
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To: Red Badger

“Over-collected”. ROTFLMAO!!! Absurd but still funny.


12 posted on 08/16/2022 5:36:07 AM PDT by FlingWingFlyer (The House is supposed to represent the people, not the friggin' Federal government. )
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To: Red Badger

If I’m understanding this article correctly, it seems like a general warrant was issued by the judge. No wonder the affadavit isn’t forthcoming.


13 posted on 08/16/2022 5:36:07 AM PDT by Tench_Coxe
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To: Red Badger
Do they really expect us to believe that they couldn’t tell the difference between a passport and the documents they were supposedly searching for? Even a kindergartner would be able to tell “which of these things is not like the others.”

These “professionals” are either morons or devious liars. I’m betting on the latter.

14 posted on 08/16/2022 5:36:12 AM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: FlingWingFlyer

“Over-collected” is a nice way of saying “Stolen”.....................


15 posted on 08/16/2022 5:40:05 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: noiseman

They can be both!............................


16 posted on 08/16/2022 5:40:46 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

Doj tried to get cute using Nora odonnell to claim FBI did not have the passports.present tense but implying they never had them.. It backfired.


17 posted on 08/16/2022 5:47:19 AM PDT by RummyChick
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To: Red Badger

“Overcollected” = STOLE.


18 posted on 08/16/2022 5:47:57 AM PDT by nonliberal (Z.)
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To: oblomov

If you want to know how this will play out in federal kangaroo court just refer to the lynching of Michael Flynn by Sullivan, DOJ and FBI. Plain and simple, Trump is going to jail or will cop a disqualifying plea unless you and I and 50 million patriots take this to the streets. Unfortunately, it is very, very dangerous to for a patriot to do anything in the police state we now live in.


19 posted on 08/16/2022 5:51:24 AM PDT by hardspunned (Sformer GOP globalist stooge)
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To: Red Badger

DoJ f8cked themselves.


20 posted on 08/16/2022 5:55:36 AM PDT by yldstrk (Bingo! We have a winner!)
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