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Constitutional Attorneys On FBI Raid at Mar-a-Lago: ‘The FBI had no legally valid cause for the raid’

excalibur

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So the statutes the DoJ/FBI used in its application for the warrant do not apply.

The DoJ ad FBI are criminal enterprises and both need to be abolished and new, sleeker agencies formed.



...

Lee Casey and David Rivkin, who both served under Presidents Ronald Reagan and George H W Bush, wrote that a former president’s right under the Presidential Records Act supersedes statutes the Department of Justice (DOJ) and the FBI used to raid Trump’s home.

From the Wall Street Journal on Tuesday:



“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.”


Judge Bruce Reinhart, the federal magistrate who approved the search warrant, and who hates Trump and should have recused himself, unsealed the warrant and property receipt earlier this month and it was revealed that it allowed 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.”

The materials that could be seized by the warrant included “any government and/or Presidential Records created between January 20, 2017, and January 20, 2021.” So, they wanted everything from the day Trump was inaugurated to the day he left office, which narrows it down as to what they wanted to find, which was documented evidence of Operation Crossfire Hurricane, the illegal spying on Trump’s campaign in 2016.

According to the two legal scholars, “virtually all the materials at Mar-a-Lago are likely to fall within this category” but “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,” Rivkin and Casey wrote.

“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,” they said, adding that a Supreme Court decision in 1974 affirms their argument. “The former president’s rights under the [Presidential Records Act] trump any application of the laws the FBI warrant cites.”


That 1978 law “lays out detailed requirements for how the archivist is to administer the records, handle privilege claims, make the records public, and impose restrictions on access,” they added. “Notably, it doesn’t address the process by which a former president’s records are physically to be turned over to the archivist, or set any deadline, leaving this matter to be negotiated between the archivist and the former president.”

The two wrote that once the DOJ and FBI were satisfied after Trump agreed to their additional padlock to be installed on the Mar-a-Lago storage room where the former president kept the documents, the two agencies should have “sought a less intrusive” way to see the documents than a search warrant and an FBI raid.

...


 

Esdraelon

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Somehow I doubt their opinion is going to matter. These thugs will do ANYTHING IT TAKES to keep him from being re-elected. They know he won in 2020 and they know they cannot cheat in the same way again so they know he'll win if he runs.
 
OP
excalibur

excalibur

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Somehow I doubt their opinion is going to matter. These thugs will do ANYTHING IT TAKES to keep him from being re-elected. They know he won in 2020 and they know they cannot cheat in the same way again so they know he'll win if he runs.


And if he runs and wins he needs to declassify all this stuff and release it for America to see. We know what they're after, how they spied on him and lied to get FISA warrants, and probably much more.

So, they can't allow him to win and be sworn in. Pray for his safety.
 

multivita-man

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And if he runs and wins he needs to declassify all this stuff and release it for America to see.

He can't declassify it - he's not president now. What part about not being president don't you understand?

We know what they're after, how they spied on him and lied to get FISA warrants, and probably much more.

So, they can't allow him to win and be sworn in. Pray for his safety.

If he would have just said 'You may want to wear a mask and social distance' he probably would have won re-election.
 
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excalibur

excalibur

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He can't declassify it - he's not president now. What part about not being president don't you understand?



If he would have just said 'You may want to wear a mask and social distance' he probably would have won re-election.


Oh ye of little undertanding.

Try reading the OP with comprehension.
 

Marener

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The DoJ had no legal standing to Raid Trumps home. None... SO this was pure political prosecution...
Trump is indeed subject to federal laws, so I would say obviously the DoJ does have standing. Do you mean grounds?
 

Billy_Bob

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Trump is indeed subject to federal laws, so I would say obviously the DoJ does have standing. Do you mean grounds?
You failed to read the Presidential Records Act. That act makes ALL of the charges they presented on the warrant ineligible for use against Trump. The warrant, from its very inception, was invalid under the PRA.
 

MagicMike

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Somehow I doubt their opinion is going to matter. These thugs will do ANYTHING IT TAKES to keep him from being re-elected. They know he won in 2020 and they know they cannot cheat in the same way again so they know he'll win if he runs.
No
He LOST in 2020!
Try to keep up here ok?
And why would you want a failed, twice impeached, one term, lying, grifter, criminal to run again?
Are you a slow learner or something?
 

Marener

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You failed to read the Presidential Records Act. That act makes ALL of the charges they presented on the warrant ineligible for use against Trump. The warrant, from its very inception, was invalid under the PRA.
You’re fantasizing again. Did you hear that in one of your imaginary court rooms again?

The PRA gives THE GOVERNMENT ownership over presidential records. The current administration cannot be deprived of access to former administration documents. It wouldn’t make any sense to attempt to do so. That’s why the PRA creates the ability to use the DoJ to take records back.
 

Billy_Bob

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You’re fantasizing again. Did you hear that in one of your imaginary court rooms again?

The PRA gives THE GOVERNMENT ownership over presidential records. The current administration cannot be deprived of access to former administration documents. It wouldn’t make any sense to attempt to do so. That’s why the PRA creates the ability to use the DoJ to take records back.
Keep spinning... It is all you have...
 

Marener

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Keep spinning... It is all you have...
You just make things up. Does anyone believe you anymore?

Get any sources on this magical court hearing that Trump’s lawyers were in earlier this week?
 

BasicHumanUnit

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No matter how many times it is said that the raid was not legal, remind yourself that tyrants and the corrupt don't care about your laws.
 

Billy_Bob

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You just make things up. Does anyone believe you anymore?

Get any sources on this magical court hearing that Trump’s lawyers were in earlier this week?
Making things up is your wheelhouse... I deal in facts I can prove. Just because you don't acknowledge the facts does not mean they do not exist.
 

Doc7505

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You said if he runs again -- not if he wins the presidency again. He can't just declare info declassified. He's not president now.
~~~~~~
Biden is creating one clusterfuck after another. People will not vote for this weak puppet facsimile.
Please note that in less than two years Joey Xi created the Afghani debacle, increased inflation, caused our supply chain to crumble and egged Putin into a war with the Ukraine. Meanwhile joey's weakness has encouraged China and Iran to rattle their sabers to include threatening the invasion of Tiawan and threats upon former U.S. diplomats.
Trump will be re-elected president in 2025 unless Maoist Democrats use their one and only option left to rid themselves of this scourge.
 
Last edited:

TroglocratsRdumb

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Trump has an excellent case for the violation of his 4th Amendment Rights.
Gestapo Chief Garland was going to be a supreme court judge, but he doesn't even understand basic constitutional law.
The Democrats are creating a police state where they can just do anything that they want.
 

BULLDOG

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~~~~~~
Biden is creating one clusterfuck after another. People will not vote for this weak puppet facsimile.
Please note that in less than two years Joey Xi created the Afghani debacle, increased inflation, caused our supply chain to crumble and egged Putin into a war with the Ukraine. Meanwhile joey's weakness has encouraged China and Iran to rattle their sabers to include threatening the invasion of Tiawan and threats upon former U.S. diplomats.
Trump will be re-elected president in 2025 unless Maoist Democrats use their one and only option left to rid themselves of this scourge.
You said nobody would vote for Biden the first time. What happened?
 

badbob85037

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So the statutes the DoJ/FBI used in its application for the warrant do not apply.

The DoJ ad FBI are criminal enterprises and both need to be abolished and new, sleeker agencies formed.



...
Lee Casey and David Rivkin, who both served under Presidents Ronald Reagan and George H W Bush, wrote that a former president’s right under the Presidential Records Act supersedes statutes the Department of Justice (DOJ) and the FBI used to raid Trump’s home.
From the Wall Street Journal on Tuesday:
Judge Bruce Reinhart, the federal magistrate who approved the search warrant, and who hates Trump and should have recused himself, unsealed the warrant and property receipt earlier this month and it was revealed that it allowed 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.”
The materials that could be seized by the warrant included “any government and/or Presidential Records created between January 20, 2017, and January 20, 2021.” So, they wanted everything from the day Trump was inaugurated to the day he left office, which narrows it down as to what they wanted to find, which was documented evidence of Operation Crossfire Hurricane, the illegal spying on Trump’s campaign in 2016.
According to the two legal scholars, “virtually all the materials at Mar-a-Lago are likely to fall within this category” but “federal law gives Mr. Trump a right of access to them.”
That 1978 law “lays out detailed requirements for how the archivist is to administer the records, handle privilege claims, make the records public, and impose restrictions on access,” they added. “Notably, it doesn’t address the process by which a former president’s records are physically to be turned over to the archivist, or set any deadline, leaving this matter to be negotiated between the archivist and the former president.”
The two wrote that once the DOJ and FBI were satisfied after Trump agreed to their additional padlock to be installed on the Mar-a-Lago storage room where the former president kept the documents, the two agencies should have “sought a less intrusive” way to see the documents than a search warrant and an FBI raid.
...


If anything we don't need an other federal agency. We already have 1,965 plus to many. We have serval newer agencies, not as corrupt as the FBI or DOJ to take their place.
 

Doc7505

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You said nobody would vote for Biden the first time. What happened?

~~~~~~
Did I?
Please quote the post where I allegedly posted that statement.
 

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