Constitutional Experts: DOJ Had No Legal Basis For FBI Raid Of Trump’s Mar-a-Lago

The deep state prior to former President Donald Trump had been successful in taking down those whom they had deemed to be enemies of the state, those standing in the way of their globalists agenda to deconstruct the United States.

Trump, who has been a successful builder and television personality in the rough city of New York City for decades, has so far been unbreakable by the left.

The reason is that “The Donald” learned how to fight political tyranny before running for office allowing him to weather the current storm the congress, DOJ, and media have brought on himself, his family, former Trump executives, and his lawyers, for the past 6 years.

So when the entire upper echelon of the federal government, under Barack Obama, tried to prevent and take Trump down with the Russian Hoax, they failed.

Not having learned their collective lesson, the same mob, this time under President Biden and AG Garland, is trying to accuse Trump of espionage over Trump’s possession of classified documents.

Well Trump’s powerful legal team, along with a handful of talented Constitutional professors, have peppered the internet and cable news networks with why the DOJ’s actions had no legal bases to take place.

On Wednesday former President Trump posted a statement on his social media platform Truth Social highlighting a report from David B. Rivkin Jr.and Lee A. Casey.

The Wall Street Journal posted their article in the popular online publication this past Monday.

Both men, who are 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. The legal scholars also pointed out that 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.

“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 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 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.”

Sean Hannity discussed this on his show last night:

“Now to more breaking developments surrounding the FBI raid at Mar-a-Lago. Now, at the time of the raid, the Biden White House – remember, they claim they had no prior knowledge at all of the investigations and they were learning about it for the first time on the news like everybody else.”

“But last night right here on this program, investigative reporter John Solomon told us all of that is just simply not true. And based on documents reviewed by Solomon, the Biden White House, in fact, actually facilitated the DOJ’s probe against Donald Trump.”

“One high-level Biden staffer was even in communication with the FBI and the DOJ as early as April the 15th and conveyed, quote, President Joe Biden would not object to waiving his predecessor’s claims to executive privilege. In other words, the Biden administration was actively paving the way for the FBI’s investigation into documents from Trump’s time as president that Trump had every legal right to possess. As The Wall Street Journal and our own Greg Jarrett pointed out.”

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