Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Trump Warrant Had No Legal Basis. A former president’s rights under the Presidential Records Act trump the statutes the FBI cited to justify the Mar-a-Lago raid.
Wall Street Journal ^ | August 22, 2022 | David B. Rivkin Jr. and Lee A. Casey

Posted on 08/22/2022 12:00:26 PM PDT by karpov

Was the Federal Bureau of Investigation justified in searching Donald Trump’s residence at Mar-a-Lago? The judge who issued the warrant for Mar-a-Lago has signaled that he is likely to release a redacted version of the affidavit supporting it. But the warrant itself suggests the answer is likely no—the FBI had no legally valid cause for the raid.

The warrant authorized the FBI to seize “all physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. §§793, 2071, or 1519” (emphasis added). These three criminal statutes all address the possession and handling of materials that contain national-security information, public records or material relevant to an investigation or other matters properly before a federal agency or the courts.

The materials to be seized included “any government and/or Presidential Records created between January 20, 2017, and January 20, 2021”—i.e., during Mr. Trump’s term of office. Virtually all the materials at Mar-a-Lago are likely to fall within this category. Federal law gives Mr. Trump a right of access to them. His possession of them is entirely consistent with that right, and therefore lawful, regardless of the statutes the FBI cites in its warrant.

Those statutes are general in their text and application. But Mr. Trump’s documents are covered by a specific statute, the Presidential Records Act of 1978. It has long been the Supreme Court position, as stated in Morton v. Mancari (1974), that “where there is no clear intention otherwise, a specific statute will not be controlled or nullified by a general one, regardless of the priority of enactment.” The former president’s rights under the PRA trump any application of the laws the FBI warrant cites.

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


TOPICS: Editorial; Government
KEYWORDS: creepstate; deepstate; policestate; singlepartystate; trump; trumpraid
Navigation: use the links below to view more comments.
first 1-2021-4041-51 next last

1 posted on 08/22/2022 12:00:26 PM PDT by karpov
[ Post Reply | Private Reply | View Replies]

To: karpov
full article
2 posted on 08/22/2022 12:00:57 PM PDT by karpov
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Government overreach is a way of life.


3 posted on 08/22/2022 12:01:34 PM PDT by 1Old Pro
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Bookmark


4 posted on 08/22/2022 12:02:55 PM PDT by Chgogal (Uncle Brandon wants your money.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Taxman

Ping


5 posted on 08/22/2022 12:03:11 PM PDT by Taxman (SAVE AMERICA!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: karpov

“Well, yeah....so! We know he did bad things! We’re gonna get him because he’s dangerous and orange and bad.”


6 posted on 08/22/2022 12:03:44 PM PDT by nesnah (Infringe - act so as to limit or undermine [something]; encroach on)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

If this were done by a GOP DOJ on a DEM ex-POTUS, this would have been reversed long ago. Instead, this is going to be milked through the midterms.


7 posted on 08/22/2022 12:04:15 PM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021 and beyond.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

WSJ doesn’t seem to understand.

The Democrat Party has gone from being merely lawless to ideating that its interests are the very metes and bounds in which all law must operate.


8 posted on 08/22/2022 12:05:32 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Oops


9 posted on 08/22/2022 12:05:43 PM PDT by Ben Dover
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

doesnt matter

they wanted to get their hands on documents that incriminate THEM!


10 posted on 08/22/2022 12:05:54 PM PDT by joshua c (where did my tagline go? if you see it please call someone else. i was tired of it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

It was the judges responsibility to rule based on knowledge of this. Either he was ignorant of the SCOTUS position or chose to ignore it. Either way it’s an egregious malfeasance.


11 posted on 08/22/2022 12:07:49 PM PDT by traderrob6
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Use of the word ‘legal’ with anything involving the democRATS produces nothing. For them, there are no rules, regulations, laws or statutes. All of those terms are for ‘others.’ At times, they may quote something in relation to an ‘other’ but only when it is useful to their endgame.

Research Michael Anton and Parallax for a great explanation.


12 posted on 08/22/2022 12:07:56 PM PDT by Ronaldus Magnus III (Do, or do not, there is no try. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Maybe if judge is smart, he CYAs by releasing all unredacted under the premise that he was lied to by the FBI and hang them out to dry.


13 posted on 08/22/2022 12:08:37 PM PDT by HombreSecreto (The life of a repo man is always intense)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

You know, if he hadn’t sent those snarky tweets...


14 posted on 08/22/2022 12:08:54 PM PDT by llevrok (Pronouns: Me/myself/& I)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

You can “unscrew a light bulb” but how do you unscrew this improper raid?


15 posted on 08/22/2022 12:09:26 PM PDT by TNoldman (AN AMERICAN FOR A MUSLIM/BHO FREE AMERICA. (Owner of Stars and Bars Flags))
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Trump will never see those documents again. I certainly hope that he indexed and copied them.


16 posted on 08/22/2022 12:10:10 PM PDT by eeriegeno (Checks and balances??? What checks and balances?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Who can stop them? Nobody.


17 posted on 08/22/2022 12:12:55 PM PDT by The Louiswu (If your child requires validation from Chuck E. Cheese you have failed as a parent. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov
Unless I misunderstood what he's said (a distinct possibility) Professor Dershowitz has seriously criticized the raid. He and Jonathan Turley are the only two lawyers whose opinions on Constitutional issues I trust implicitly.
18 posted on 08/22/2022 12:14:21 PM PDT by Gay State Conservative (Covid Is All About Mail In Ballots)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 1Old Pro

Yes and as long as lefties controld MSM, education, the Fed bureaucracy and a lot of the courts it doesn’t matter how illegal it is-we live in a world w 2 criterion/separate scales-one for lefties-anything fine/goes and one for conservatives-nail their butts


19 posted on 08/22/2022 12:14:47 PM PDT by TECTopcat
[ Post Reply | Private Reply | To 3 | View Replies]

To: karpov; Liz; Travis McGee
... Trump’s documents are covered by a specific statute, the Presidential Records Act of 1978... The former president’s rights under the PRA trump any application of the laws the FBI warrant cites.

My question? Was EACH AND EVERY FBI AGENT AND DRIVER INVOLVED IN THE RAID CLEARED FOR OUR HIGHEST SECURITY CLEARANCES?

Someone who hates Trump and hates our country on the 7th floor of the FBI handpicked the agents who raided Trump's home.

20 posted on 08/22/2022 12:15:35 PM PDT by GOPJ ( “...threat to democracy” is shorthand for ... "threat to Democrats". -- Daniel Greenfield)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-51 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson