FBI Raid On Trump's Mar-A-Lago Had No Valid Legal Basis

[Jim H - VA USA]

The Wall Street Journal lays out the reasoning as to why the FBI raid was illegal.

The Presidential Record Act (PRA) of 1978 (Link) grants former presidents complete access to all records created under their admin.

"The PRA explicitly guarantees a former president continuing access to his papers. Those papers must ultimately be made public, but in the meantime—unlike with all other government documents, which are available 24/7 to currently serving executive-branch officials—the PRA establishes restrictions on access to a former president’s records, including a five-year restriction on access applicable to everyone (including the sitting president, absent a showing of need), which can be extended until the records have been properly reviewed and processed. Before leaving office, a president can restrict access to certain materials for up to 12 years.

The only exceptions are for National Archives personnel working on the materials, judicial process, the incumbent president and Congress (in cases of established need) and the former president himself. PRA section 2205(3) specifically commands that “the Presidential records of a former President shall be available to such former President or the former President’s designated representative,” regardless of any of these restrictions.

Nothing in the PRA suggests that the former president’s physical custody of his records can be considered unlawful under the statutes on which the Mar-a-Lago warrant is based. Yet the statute’s text makes clear that Congress considered how certain criminal-law provisions would interact with the PRA: It provides that the archivist is not to make materials available to the former president’s designated representative “if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.”

In making a former president’s records available to him, the PRA doesn’t distinguish between materials that are and aren’t classified."

Opinion | 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.

www.wsj.com

 

[OhPleaseJustQuit]

Of course the raid was illegal. Anyone who doesn't see this is insane.

 

[Polishprince]

I'm not an expert in the law, but the opinion makes sense to me.

It explains why we never had this during previous ex-presidents.

But the real question is that if this opinion is correct, what should happen to the FBI agents involved in the great Mar-a-Lago Panty Raid? Fired and having their pensions lifted? Or should they be sent up the river for this?

 

[easyt65]

So Friday afternoons are usually the preferred time when the govt loves to dump shit for the media to report, sending the media into a frenzy and Ameticans talking / arguing, while allowing them with not having to explain / answer questions until the following Monday.

That being said, what crap do you think the WH, DOJ, & / or FBI is going to dump late this Friday on the Trump Raid Scandal?

 

[easyt65]

Of course the raid was illegal. Anyone who doesn't see this is insane.

WHAT?! You are a despicable, racist, homophobe, flat-earth, mouth-breathing, anti-abortion, puppy-hating/kicking, Trump supporter....

 

[Care4all]

The article is hogwash!

The presidential records are REQUIRED under law to be kept by the National Archives.

The former president has free access for the 5 years, before the public has access.

But the current president, and congress, and doj can access them during that 5 years, if there is a need. They can't get access, when in need, if Trump has them.

And under no condition, none, zip, zero....can a former president store TOP SECRET SCI national security compartmental documents at Mara Lago Resort, or anywhere outside of their secure place in the government safe.

The presidential records were never his records to take with him.

The presidential records act is CLEAR on that.....

 

[Polishprince]

Ex-Presidents all have secret service agents, in other words cops, following them around 24/7.

If a President did have nefarious ideas for the use of his records, how could he even get away with it?

Do libs see the Trumpster as an almighty archcriminal who can outsmart federal law enforcement so easily?

 

[easyt65]

The article is hogwash!

How can you argue with such a legally sound argument as that?




(Said in HUMOR, not disrespect, insult, or malice C4A)

 

[easyt65]

Ex-Presidents all have secret service agents, in other words cops, following them around 24/7.

If a President did have nefarious ideas for the use of his records, how could he even get away with it?

Do libs see the Trumpster as an almighty archcriminal who can outsmart federal law enforcement so easily?

No. That's why the FBI Agents under investigation by Durham for their actions during the failed cooup attempt kicked everyone out so no one could watch while they conducted their historic, unprecedented, unwarranted, heavily armed ransacking of Trump's home ... and Melania's 'unmentionables'.

 

[gipper]

Why is there so many conflicting media reports on this event?

 

[Pete7469]

ALL OF THESE 'INVESTIGATIONS" against Trump are absolute bullshit. The greatest criminal element in all of this has been the actions of the DOJ and democrook sociopaths.

Did John Gotti's LAWYER ever get raided?

Did Al Capone's LAWYER ever get raided?

Did Khalid Shiek Muhamed's LAWYER ever get raided?

Did Jeffery Dahmer's LAWYER ever get raided?

Did Lizzie Borden's LAWYER ever get raided?

Yet a SITTING FUCKING PRESIDENT'S LAWYER WAS RAIDED for an issue THAT HAD NOTHING TO DO WITH THE RUSSIA HOAX.

These bed wetters aren't even kicking a dead horse. They're on Peyote/LSD/Mescaline/Mushrooms and huffing paint kicking boulders they perceive to be the horses Trump killed.

They need to be in asylums and medicated by professionals so they can drool watching Tom and Jerry cartoons until their organs shut down due to old age.

.

 

[easyt65]

Why is there so much conflicting media reports on this event?

Because no one knows the truth OR the left Wing media knows the truth but have not all agreed on the same lie to spread.

 

[Pete7469]

The article is hogwash!

The presidential records are REQUIRED under law to be kept by the National Archives.

The former president has free access for the 5 years, before the public has access.

But the current president, and congress, and doj can access them during that 5 years, if there is a need. They can't get access, when in need, if Trump has them.

And under no condition, none, zip, zero....can a former president store TOP SECRET SCI national security compartmental documents at Mara Lago Resort, or anywhere outside of their secure place in the government safe.

The presidential records were never his records to take with him.

The presidential records act is CLEAR on that.....

Your parroting of MSLSD agitprop is duly noted and Trump had every right to declassify and take copies of whatever he liked.

What should cause alarm to you is the fact that your own government is acting like a central american leftist junta while rebel forces in the countryside are becoming more and more militant.

You better get pretty fuckin CLEAR on THAT.

 

[Jim H - VA USA]

The article is hogwash!

The presidential records are REQUIRED under law to be kept by the National Archives.

The former president has free access for the 5 years, before the public has access.

But the current president, and congress, and doj can access them during that 5 years, if there is a need. They can't get access, when in need, if Trump has them.

And under no condition, none, zip, zero....can a former president store TOP SECRET SCI national security compartmental documents at Mara Lago Resort, or anywhere outside of their secure place in the government safe.

The presidential records were never his records to take with him.

The presidential records act is CLEAR on that.....

Wrong. The Constitutional Law Attorneys clearly laid out why they think Trump's continued possession of the records is completely legal, classified or not.

Did you notice that the PRA prescribes no punishments for former presidents for violations Left-Wing lawyers might allege?

 

[Care4all]

No. That's why the FBI Agents under investigation by Durham for their actions during the failed cooup attempt kicked everyone out so no one could watch while they conducted their historic, unprecedented, unwarranted, heavily armed ransacking of Trump's home ... and Melania's 'unmentionables'.

They were not brandishing arms, the FBI were in plain clothes. The guy in the picture bearing a rifle was Trump's Secret Service.

It is the legal standard procedure to keep home owners being searched and/or their lawyers from getting in the way.

Trump had his close circuit tv security cameras going in every place the FBI went....if the FBI did something illegal, they would bring it out in the open, with the Face of the FBI blurred for their safety, and show us or bring it to court.

The search was not the standard break of dawn search with perps in their undies.

Trump secret service was given a heads up, and the search began at around 10am, not 5 am.

The search was under seal, so not to have a media blitz....the paparazzi following Trump 24/7 were out if town following Trump.

The ONLY reason anyone knows about the search is because Trump wanted YOU to know, so he could get you to do his dirty work for death threats and harm to our Nation and so he could make millions in donations by milking you for your last dime!

 

[Jim H - VA USA]

Why is there so much conflicting media reports on this event?

Because it's completely political and has nothing to do with violations of law or much less, actual threats to the national security of the United States.

 

[struth]

Wrong. The Constitutional Law Attorneys clearly laid out why they think Trump's continued possession of the records is completely legal, classified or not.

Did you notice that the PRA prescribes no punishments for former presidents for violations Left-Wing lawyers might allege?

Yes, violation of the PRA is not a crime...therefore a search warrant is never valid. Obvioiusly, this was all pretextual to get into Trump's home, and gather private material, including attorney-client priv material...as well as distract from the horrible job Xiden and the Dems have been doing...this was all political

 

[surada]

No. That's why the FBI Agents under investigation by Durham for their actions during the failed cooup attempt kicked everyone out so no one could watch while they conducted their historic, unprecedented, unwarranted, heavily armed ransacking of Trump's home ... and Melania's 'unmentionables'.

You think Trump has security cameras in Melania's bedroom and dressing room so Secret Service agents can watch her? Trump is a liar and you're an idiot. You think they watch her dressing and undressing, getting out of the bathroom and putting on her makeup?
,

 

[Care4all]

Your parroting of MSLSD agitprop is duly noted and Trump had every right to declassify and take copies of whatever he liked.

What should cause alarm to you is the fact that your own government is acting like a central american leftist junta while rebel forces in the countryside are becoming more and more militant.

You better get pretty fuckin CLEAR on THAT.

Trump never declassified anything....there are no, zip, zero records showing he did.

And he can't declassify or reclassify top secret SCI documents without the agencies involved being notified. There is a legal process to do it.

He did no such thing, ever! Nothing he had, was declassified by trump....all classified documents and emails were still marked classified in the government system... Trump signed off with on nothing, to reclassify them.

 

[two_iron]

The cross dressing faggots leaked "Trump has nuclear secrets!" which got zero traction. Even the msm soviet politburo couldn't sell that one.

I almost feel sorry for these mouth breathing simians as they contemplate their demise. Trump is just owning them now....