[old curmudgeon]

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.

A madgistrate judge is actually only a magistrate with a fancy title.

If it goes to the supreme court it will be overturned and nothing will happen to Trump as a result of this raid.

My fearless prediction.

[jpp113]

Federal Rules of Criminal Procedure 41 specifically says At the request of a federal law enforcement officer or an attorney for the government:

(1) a magistrate judge with authority in the district—or if none is reasonably available, a judge of a state court of record in the district—has authority to issue a warrant to search for and seize a person or property located within the district;

[woodpusher]

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 Judges

Magistrate 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.