excalibur
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- Mar 19, 2015
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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.
djhjmedia.com
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.
...
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.
...
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Constitutional Attorneys On FBI Raid at Mar-a-Lago: ‘The FBI had no legally valid cause for the raid’
A pair of constitutional attorneys who previously worked for the Reagan and Bush administrations are saying that the warrant the
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