Posted on 08/26/2022 2:56:00 PM PDT by Trump20162020
Donald Trump's former attorney Alan Dershowitz said that the unsealed affidavit supporting the FBI's search of Mar-a-Lago gives the Justice Department enough evidence to indict the former president.
(Excerpt) Read more at newsweek.com ...
I am not a lawyer but I have had quite a bit of experience with lawyers and I am well aware that on any subject you can find thousands of lawyers who will take one side and thousands again who will take the opposite side.
So what is you interpretation of this?
Oh yes, the supreme court has ruled in very specific language that the Constitution can not be changed by any means other than changing the Constitution itself and that only by the methods outlined in the Constitution. Congress can not, presidents can not.
And a magistrate judge is not a judge by the standards set forth in the Constituion. A magistrate judge is really no more than a magistrate with a fancy title.
An indictment is just like an impeachemnt.
They would still have to make their case.
“”He can read what’s under the sharpie?””
Apparently...they have talents the rest of us don’t have...
O)K, 4 post above has Dershowitz saying that the Affidavit does show they have not enought to prosecute. Which is it?
Alan Dershowitz told Newsmax that Attorney General Merrick Garland might not have enough to indict former President Donald Trump based on the Mar-a-Lago raid’s affidavit.
How is it both?
Earlier in the day, there was an article that made it clear that a magistrate can not issue warrants.The Constitution requires that warrants be issued by a judge. A real judge is a trial judge. A magistrate is not a trial judge.
https://www.law.cornell.edu/wex/search_warrant
Magistrate JudgesMagistrate judges are judicial officers of the U.S. district court appointed by the district judges of the court to handle a variety of judicial proceedings.
They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands.
https://www.law.cornell.edu/wex/search_warrant
A search warrant is a warrant signed by a judge or magistrate authorizing a law enforcement officer to conduct a search on a certain person, a specified place, or an automobile for criminal evidence.
https://www.law.cornell.edu/wex/search_warrant
Who Can Issue a Warrant?In numerous cases, the Court has referred to the necessity that warrants be issued by a judicial officer or a magistrate.
Who Can Issue a Warrant?
In numerous cases, the Court has referred to the necessity that warrants be issued by a judicial officer or a magistrate
OK, thanks for clearing it up.
The judges who are supposed to issue warrants can get around the Constitution by looking at that guy over there....he always wears a nice suit and combs his hair the right way...put a sign on his office door that says “JUDGE” and let him sign them..
Got it.
There is another Newsmax article posted here where Dershowitz contradicts this statement
The judges who are supposed to issue warrants can get around the Constitution by looking at that guy over there
Your repeated citation of the Constitution is misplaced. The Constitution came first. The Judicial branch was created by the Legislative branch pursuant to the Constitution. Art. 3, Sec. 1: "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."
The Supreme Court, the Circuit Courts, and the District Courts were created by the Federal Judiciary Act of September 24, 1789, An Act to establish the Judicial Courts of the United States.
The powers of a Magistrate Judge are defined at 28 U.S.C. § 636
2020 US Code
Title 28 - Judiciary and Judicial Procedure
Part III - Court Officers and Employees
Chapter 43 - United States Magistrate Judges
Sec. 636 - Jurisdiction, powers, and temporary assignment(a) Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—
(1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts;
https://www.federalrulesofcriminalprocedure.org/title-ii/rule-4-1/
Federal Rules of Criminal Procedure, Rule 4.1
Rule 4.1 Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means(a) In General. A magistrate judge may consider information communicated by telephone or other reliable electronic means when reviewing a complaint or deciding whether to issue a warrant or summons.
Federal Magistrate Judges are not constrained by imaginary constitutional limitations. They and Title III judges are empowered to issue warrants by Federal Statute law.
Donald Trump has been through for the last 6 to 7 years. And being harassed on the national and world stage like no other person in American history. If he wins the 2024 election I say this he is the greatest American that ever lived.
I’ve never seen a man have to go what he has been Through for the last 6 years I don’t know how he can stand it.. Hang in there Mr President. We are with U!!!
He got to read the blacked out parts??
The 'evidence' is that Trump doesn't like what the current government is doing.
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