The Epoch Times - By Jack Phillips August 24, 2022
Two constitutional lawyers who worked in the Bush and Reagan administrations say that the warrant used to search former President Donald Trump’s Mar-a-Lago residence had no legal basis.
A former president’s right under the Presidential Records Act supersedes the statutes the Department of Justice and FBI used to carry out the raid earlier this month, wrote David Rivkin Jr. and Lee Casey, who both served under Presidents Ronald Reagan and George H. W. Bush.
“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,” they wrote in the Wall Street Journal on Tuesday.
Earlier this month, federal Magistrate Judge Bruce Reinhart unsealed the warrant and property receipt, showing that it allowed FBI agents to obtain 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.”
And the materials that could be seized are “any government and/or Presidential Records created between January 20, 2017, and January 20, 2021,” which encompasses all of Trump’s presidential term.
As a result, the two scholars said that “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.”
The 1978 law, which was passed two years after former President Richard Nixon resigned, “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 physical to be turned over to the archivist, or set any deadline, leaving this matter to be negotiated between the archivist and the former president.”
In their opinion piece, the authors stated that because the FBI and Justice Department were satisfied with an additional lock being installed on a Mar-a-Lago storage room, the federal agencies “could and should have sought a less intrusive” method than a search warrant.
The former president, in a legal complaint filed earlier this week, wrote that agents visited his home in early June—about two months before the raid—and appeared to approve the installation of another lock.
After one FBI agent saw the storage room, they told Trump’s team: “Thank you. You did not need to show us the storage room, but we appreciate it. Now it all makes sense,” according to the filing.
“Counsel for President Trump then closed the interaction and advised the Government officials that they should contact him with any further needs on the matter,” it added.
Jack Phillips is a breaking news reporter at The Epoch Times based in New York.
*Follow the WEF trail to Switzerland to discover the Khazarian Mafia hiding behind Klaus Schwab and his cohorts. The US and its people have nothing to do with the disasters caused to the ordinary people of the Earth.
The Khazarians have once again constructed an intricate web, whose aim is to destroy the world's economy by setting people up against each other, blocking each other's supply chains, leaving just death and ruins.
What everybody must be aware of is that this is not a war to prevent Putin from occupying Ukraine, but an attempt by the evil Khazarian Jews/WEF/NATO to control yet another country in their growing New World Order. They are simply using Ukraine as a battlefield. Their plan is to destroy totally the world's economy and turn the population into slaves.
Like the Freemasons, they have also life-threatening rules in their membership, one being REVENGE, 10 times harder than was ever perpetrated on them.
Russia in particular, in the past, has expelled the Khazars several times. I have all of 7 detailed articles in book format on the Khazarian Jews if anybody is interested in further information.
Putin, and earlier also Trump, are the ONLY Presidents who have enough guts to see what they are attempting to do to the world population and have sufficient courage to do something about it.
The bottom line is for the people to regain their original, moral principles, which have intentionally been watered out over the past generations by our press, TV, and other media owned by the Illuminati/Bilderberger Group, corrupting our morals by making misbehavior acceptable to our society. Only in this way shall we conquer this oncoming wave of evil.
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