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The Trump Warrant Had No Legal Basis

Marener

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No DOJ chief would ever be so bold to raid a former presidents home on his own.... so knowing that where is Biden?.... where is the explanation for such horrendous action?.... something is rotten in this whole damn thing....
The AG would be a moron to go to the president for permission to go after a political rival. There is absolutely no reason to do so and a tremendous amount of reason not to.
 

Rambunctious

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The AG would be a moron to go to the president for permission to go after a political rival. There is absolutely no reason to do so and a tremendous amount of reason not to.
So you think Biden didn't know?.... are you kidding?... they meet everyday in the Oval office... in the words of Joe... come on man.....
Q. What are we not talking about today...
A. Hunter...
 

Marener

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So you think Biden didn't know?.... are you kidding?... they meet everyday in the Oval office... in the words of Joe... come on man.....
Q. What are we not talking about today...
A. Hunter...
You think the AG meets Biden every day? That doesn’t seem likely.

No president in their right mind wants to be tied to this decision so they can’t be blamed for ordering it.
 

otto105

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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.

22 Aug 2022 ~~ By David B. Rivkin Jr. & Lee A. Casey

(Excerpt) ->
Was the Federal Bureau of Investigation justified in searching Donald Trump’s residence at Mar-a-Lago? 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.
The warrant authorized 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” (emphasis added). These three criminal statutes all address the possession and handling of materials that contain national-security information, public records or material relevant to an investigation or other matters properly before a federal agency or the courts.
The materials to be seized included “any government and/or Presidential Records created between January 20, 2017, and January 20, 2021”—i.e., during Mr. Trump’s term of office. Virtually all the materials at Mar-a-Lago are likely to fall within this category. 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.
The materials to be seized included “any government and/or Presidential Records created between January 20, 2017, and January 20, 2021”—i.e., during Mr. Trump’s term of office. Virtually all the materials at Mar-a-Lago are likely to fall within this category. 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.
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. It has long been the Supreme Court position, as stated in Morton v. Mancari (1974), that “where there is no clear intention otherwise, a specific statute will not be controlled or nullified by a general one, regardless of the priority of enactment.” The former president’s rights under the PRA trump any application of the laws the FBI warrant cites.

Commentary:
The overreach of both Garland and Wray is astounding.
If this were done by the DOJ during the Trump administration to Obama, or VP Joe Biden this would have been reversed long ago. Instead, this is going to be milked through the midterms.
It has in effect hurt the DOJ, Merrick Garland, the FBI, Christpher Wray, Democrats overall, and especially Joe Biden.
Well, we do know that unlike Bill Clinton the Nuke Codes were not lost, nor did DJT abscond with $28,000 worth of White House furniture neither did he leave with over 3 million documents as Obama did
Obviously, the Maoist Democrats in power have gone from being merely lawless to conceiving that their interests are the very bounds in which all law must operate.
It's become that using the word ‘legal’ with anything involving Democrats produces nothing.
For them, there are no rules, regulations, laws or statutes. All of those terms are for ‘others.’
Nope, not even close to being an excuse for the former 1-term president to have highly classified material at his golf resort residence.
 

MagicMike

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So you think Biden didn't know?.... are you kidding?... they meet everyday in the Oval office... in the words of Joe... come on man.....
Q. What are we not talking about today...
A. Hunter...
Hunter is not a current or a past President.
So what if Joe Biden knew about the raid.
Boo-hoo!
Maybe he authorized it because he's been briefed on the dangers of this incompetent, traitorous, psycho ex POTUS poses to our national security.
Good!
You GO Brandon!
 

otto105

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You think the AG meets Biden every day? That doesn’t seem likely.

No president in their right mind wants to be tied to this decision so they can’t be blamed for ordering it.
President Biden has returned the AG to being our countries top law officer instead of a personal lawyer to the president the former one demanded.

AG Garland isn’t required to kiss the ring like Barr and Sessions had too.
 

Rambunctious

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Hunter is not a current or a past President.
So what if Joe Biden knew about the raid.
Boo-hoo!
Maybe he authorized it because he's been briefed on the dangers of this incompetent, traitorous, psycho ex POTUS poses to our national security.
Good!
You GO Brandon!
He okayed it because Joe knows he can't beat Trump... well Joe doesn't know it but his staff sure does.... Biden doesn't even know where he is....
 

Rambunctious

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You think the AG meets Biden every day? That doesn’t seem likely.

No president in their right mind wants to be tied to this decision so they can’t be blamed for ordering it.
Garland meets with the president every day yes... and so does Wray and the CIA chief and homeland security... every morning... if Joe is playing hooky they meet with his chief of staff....
 

otto105

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He okayed it because Joe knows he can't beat Trump... well Joe doesn't know it but his staff sure does.... Biden doesn't even know where he is....
He’s just a President that got 3 very good pieces of legislation passed rather than just talking about it like the former manchild.
 

Marener

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Garland meets with the president every day yes... and so does Wray and the CIA chief and homeland security... every morning... if Joe is playing hooky they meet with his chief of staff....
Who told you that?
 

Rambunctious

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OH COME ON!
Nobody "sets Trump up!"
He's an idiot.
An incompetent, criminal train wreck!
He does his own damage.
He hasn't done anything resembling a crime... give it up already...
7 years of investigation into his life and his family.... and his business and having the IRS looking into his returns for 4 years and we haven't heard of any crime... Russia collusion was untrue... Ukraine phone call was a hoax after they released the transcript even dems laughed...
Not one charge from the raid in two weeks?.... total silence from all evolved....
You have a major disappointment headed your way.... again....
 

Rambunctious

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He’s just a President that got 3 very good pieces of legislation passed rather than just talking about it like the former manchild.
You like his bills do ya?..... 87,000 new IRS agents?... you like that?... they called it the fix to inflation and we find that's a lie... they just called it that for people like you... sucker.....
 

otto105

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He hasn't done anything resembling a crime... give it up already...
7 years of investigation into his life and his family.... and his business and having the IRS looking into his returns for 4 years and we haven't heard of any crime... Russia collusion was untrue... Ukraine phone call was a hoax after they released the transcript even dems laughed...
Not one charge from the raid in two weeks?.... total silence from all evolved....
You have a major disappointment headed your way.... again....
Trump charity?


Trump u?


2 Impeachments?


1-term?


Illegal possession of classified documents?

Think sexual thoughts about his daughter for 30+ years


Burying his first wife in a sand trap?


Just knowing about 250 words
 

Rambunctious

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Trump charity?


Trump u?


2 Impeachments?


1-term?


Illegal possession of classified documents?

Think sexual thoughts about his daughter for 30+ years


Burying his first wife in a sand trap?


Just knowing about 250 words
:cuckoo:....
 

otto105

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You like his bills do ya?..... 87,000 new IRS agents?... you like that?... they called it the fix to inflation and we find that's a lie... they just called it that for people like you... sucker.....
Boi, that post reads like you having explosive diarrhea.
 

ABikerSailor

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He hasn't done anything resembling a crime... give it up already...
7 years of investigation into his life and his family.... and his business and having the IRS looking into his returns for 4 years and we haven't heard of any crime... Russia collusion was untrue... Ukraine phone call was a hoax after they released the transcript even dems laughed...
Not one charge from the raid in two weeks?.... total silence from all evolved....
You have a major disappointment headed your way.... again....

If he hasn't done anything resembling a crime, then why in the hell does he have all those indictments since he's left the WH?

As far as no charge in just 2 weeks? Dude.............it takes time to process what they just took. The charges will come in a little while.

Hey, you guys on the right bitched and screamed about Hillary for many years, yet no charges or indictments have been brought against her, even in spite of the conservatives best efforts to do so.
 
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