FBI Raid on Mar-A-Lago

just-jim
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Re: FBI Raid on Mar-A-Lago

Post by just-jim »

Rideback wrote: Tue Aug 09, 2022 10:16 am It is fun to watch how the Right is struggling to push back on this
Yes, it is.
Suddenly the party of ‘law ‘n order’, ‘back the blue’, ‘Hillary’s emails - lock her up’, ‘close the border’, etc etc, NOW wants to defund the FBI.

Even in light of legally obtained search warrant…sought by a tRump appointed FBI Director and likely approved by a tRump appointed judge. Can you say Schizophrenic party? They are so mad, they are biting their own arms like a confused and rabid dog.

https://www.theguardian.com/us-news/202 ... 4-election
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Re: FBI Raid on Mar-A-Lago

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It is fun to watch how the Right is struggling to push back on this.
https://balloon-juice.com/2022/08/09/more-trouble/
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Re: FBI Raid on Mar-A-Lago

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by Joyce Vance

'Tonight, on the 48th anniversary of Richard Nixon’s resignation from the presidency, the FBI executed a search warrant at Trump’s residence, Mar-a-Lago. Not a raid. No crashing in of doors or destruction of property. This is a judicially authorized proceeding, in which a federal judge independently reviews an FBI agent’s sworn affidavit and must conclude they agree that there is probable cause for the search.

Probable cause is more than just suspicion, it means a reasonable person reviewing the evidence would conclude a crime has been committed and there is good reason to believe evidence or fruits of it will be recovered from the place to be searched. Trump says the FBI searched his private safe. That, in and of itself, tells us a lot about who the likely target of this investigation is.

Of course, we don’t know the specifics, because DOJ doesn’t conduct its investigations in public. But there is plenty of reporting that suggests this is about classified documents Trump took with him when he left the White House. You’ll recall that back in February, we learned classified information was found in 15 boxes of records in Trump’s possession. The National Archives wanted its records back. They got them by negotiating with Trump.

Please avoid getting carried away. While people are sometimes prosecuted under this statute in egregious cases, for instance when General Petraeus shared classified information with a paramour who was writing a book (and even then, the charge was a misdemeanor), in many cases, the government just wants its documents back. We don’t know what the circumstances are here, and shouldn’t leap to conclusions. Investigations into missing classified documents focus on potential crimes, but equally important, they assess whether there has been damage to national security. That last bit makes me quite curious about the nature of the documents DOJ seized.

I’ve seen search warrants used in at least three situations:

Early in a case to acquire evidence, not always from the target/subject of the investigation, but also from others who wouldn’t give it to me voluntarily

At the end of an investigation, to get the last bit of evidence from a target, before indicting (or as the last step before concluding there wasn’t sufficient evidence to indict)

To further an assessment of damage to national security following a spill of classified information and determine whether a crime was committed

You can see a blank search warrant at this link. The judge or magistrate judge fills it out if they agree the agent has provided probable cause. The warrant authorizes the search, stating with specificity the location to be searched and items to be searched for. The judge may permit a nighttime search upon a showing of good cause (that doesn’t seem to have been the case here). Typically, the owner of premises being searched is advised of the search and items seized. Some searches are conducted in secret, with delayed notice of 30 days or more where justified to the person being searched. Again, not the case here.

The second page of the linked document is what’s commonly called a “return of service” — the agent fills out an inventory of items taken in the search and fills in details like the time of the search and returns it to the court to be included in the official record. Trump has the warrant and the inventory in his possession and could release them, although that seems unlikely; they’re probably highly incriminating. These filings are almost certainly sealed, at least for now, in court files, and we won’t see them from that direction.

So why the search warrant? Apparently the information in the FBI’s possession convinced the Attorney General, who would have final sign off at DOJ, that there wasn’t going to be any more voluntary turnover like the boxes of documents Trump returned in February. And that a subpoena, commanding delivery of records to a grand jury, wouldn’t be honored. Search warrants are a last resort for obtaining evidence, and can also be used in cases where there are concerns about destruction of evidence. Lots of room for speculation here at the moment.

Of course, we don’t know the specifics, because DOJ doesn’t conduct its investigations in public. But there is plenty of reporting that suggests this is about classified documents Trump took with him when he left the White House. You’ll recall that back in February, we learned classified information was found in 15 boxes of records in Trump’s possession. The National Archives wanted its records back. They got them by negotiating with Trump.

But the evidence in search warrants has to be “fresh.” That means it has to be recent, not months old. You can be certain that in this case, that was top of mind for people at the FBI and DOJ who reviewed the search warrant affidavit and for the judge who evaluated it. This search warrant wasn’t based on stale, months old evidence documents were in Trump’s safe. The evidence was recent and compelling.

Some of this suggests this could end up being the type of situation where prosecution is on the table. But I’m still not ready to embrace that conclusion. The National Archives have a reputation for being fiercely protective of public records and insistent on getting back ones that have strayed. The bottom line is, we’re not going to know if this case is headed towards indictment for a while. For what it’s worth, I don’t think it’s a coincidence that this search warrant was executed 91 days before the midterm elections. DOJ goes silent on investigations with a political nexus in the run up to the election, and while some offices run on a 60 day clock, 90 feels right here. Conducting the search today gives DOJ plenty of time to process whatever evidence it now has in its possession.

We all know Merrick Garland is a by-the-book kind of guy. There have been lots of complaints about his restraint, and until recently, his inaction. Garland has repeatedly committed to following the facts and the law. Today, they led him to Mar-a-Lago. It was a good day for the rule of law.
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Re: FBI Raid on Mar-A-Lago

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Trump disqualified from holding office? Clinton-linked lawyer points to US Code after FBI raid
Daniel Chaitin - Yesterday 5:58 PM

With news of the FBI raiding Mar-a-Lago, buzz quickly bubbled up Monday evening about whether former President Donald Trump could be disqualified from office again.

The FBI search of the Florida resort was related to Trump's handling of presidential records, including classified documents, after leaving office, sources told CNN.

Such reporting had Marc Elias, the top lawyer for Hillary Clinton’s 2016 presidential campaign who has drawn scrutiny for his role in pushing Trump-Russia collusion claims, pointing to U.S. Code Title 18, Section 2071. "The media is missing the really, really big reason why the raid today is a potential blockbuster in American politics," Elias said in a tweet.

The passage that says anyone "having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States," was the one he highlighted.

Allies of Trump expressed suspicions that the raid was part of a political move meant to ward off another presidential run — something Trump has strongly hinted he will partake in for 2024. Steve Bannon, a former White House aide who was pardoned by Trump, noted Elias's tweet during a call on Fox News.

"They are absolutely petrified Trump is going to announce in a couple of weeks, win the Republican nomination, win the White House," Bannon said.

The National Archives said presidential records in 15 boxes obtained from Mar-a-Lago earlier this year were marked as classified national security information.

In announcing the FBI's raid of his resort, Trump said: "After working and cooperating with the relevant Government agencies, this unannounced raid on my home was not necessary or appropriate. It is prosecutorial misconduct, the weaponization of the Justice System, and an attack by Radical Left Democrats who desperately don’t want me to run for President in 2024.”
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Re: FBI Raid on Mar-A-Lago

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dorankj wrote: Mon Aug 08, 2022 9:13 pm You have no idea what a ‘democracy’ is! Posting stupid propaganda will never make it real.
Ken... I think just-jim's political cartoon pretty much sums the real situation up... and portrays your "reality"...

and I am still waiting for your dissertation on...
dorankj wrote: Sat Jul 30, 2022 10:11 pm COVID was used to remove a President and to purposely change the economy! Big difference.
t2.jpeg
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Re: FBI Raid on Mar-A-Lago

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You have no idea what a ‘democracy’ is! Posting stupid propaganda will never make it real.
just-jim
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Re: FBI Raid on Mar-A-Lago

Post by just-jim »

dorankj wrote: Mon Aug 08, 2022 8:39 pm Yes, your corruption and banana republic effort gets noticed with this Alzheimer’s in Chief and his ridiculous administration, you better think this through!
‘banana republic’? you don’t understand law enforcement or justice in a democracy, do you?

And YES, Ken, this will be the THIRD time I’ve posted this.
Because, evidently, you STILL haven’t grasped it the first 2 times!
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Re: FBI Raid on Mar-A-Lago

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Yes, your corruption and banana republic effort gets noticed with this Alzheimer’s in Chief and his ridiculous administration, you better think this through!
Rideback
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Re: FBI Raid on Mar-A-Lago

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We're a long way from the processing of the docs and the determination that Trump violated the Presidential Records Act, but if found guilty the Act carries with it the barring from holding Fed'l office.
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Re: FBI Raid on Mar-A-Lago

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More…..

https://www.theguardian.com/us-news/202 ... -lago-home

Yes, including photos of WH toilets clogged with documents, from an upcoming book:

https://www.theguardian.com/us-news/202 ... ments-book

…tic-tok, tic-toc…
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Re: FBI Raid on Mar-A-Lago

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Apparently this stems from his removing boxes of classified docs from the WH when he departed and his refusal to turn everything over to the Nat'l Archives.

I'm sure the FBI agents were greeted by the sound of flushing toilets!
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FBI Raid on Mar-A-Lago

Post by mister_coffee »

I want to see Trump trying to get away in a golf cart. Kind of like the OJ Ford Bronco chase of so many years ago but even more ridiculous.

Ken, I swear I am going to enjoy this almost as much you would have enjoyed seeing Hillary Clinton perp-walked.
Last edited by mister_coffee on Fri Aug 26, 2022 5:24 pm, edited 1 time in total.
:arrow: David Bonn :idea:
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