An Attorney’s View

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There have been many opinions offered about the raid on Mar-a-Lago.  The backlash that the DOJ and the FBI have gotten over this raid is phenomenal.  Attorney Robert Barnes has weighed in.

The Barnes Brief: Sunday, August 21, 2022

Rant. As explicated in a reply elsewhere: A warrant that requests every document for a four year frame, leads to the seizure of passports, attorney-client and otherwise privileged records is the sina qua non of a warrant that lacks particularity. The warrant was not signed by a “federal judge” appointed Constitutionally through Presidential nomination and Senate confirmation, but rather a magistrate whose authority to issue such warrants should be in doubt.

The claim the documents “were required to be turned over to the National Archives” is directly refuted by a Democratic judge in the Clinton case that made clear such authority to determine what is a Presidential Record remains the exclusive, non-reviewable, completely discretionary decision of the President. This law was intended to govern federal employees, not the President.

Do warrant supporters realize their support implicitly accuses every President since Nixon, including Carter, Clinton and Obama of massive crimes?

None of the documents were classified, since Trump declassified them, as is his non-reviewable completely discretionary right, while President. The unelected don’t rule over the elected. Trump was, by law, entitled to be in possession of these documents, as he alone made the non-reviewable, completely discretionary decision as to their personal and non-classified status, as prior case-law specifically adjudicates.

The search was anything but legal, and the seizure anything but Constitutional, as the partial return of documents seized already proves. Anyone claiming otherwise under the pretense of professorship of law confesses partisan prejudice, not learned scholarship.

Amen!