Five Lingering Questions In the Wake of the Mar-a-Lago Raid

Former President Donald Trump has waived any objections to the release of the warrant and property receipt after the filing of a motion by the Justice Department. The motion, however, did not seek the release of the most important document in this controversy: the supporting FBI affidavit. That is the document that would reveal what the FBI told the magistrate about the prior communications with the Trump team and the specific allegations of the status of the documents in question.

There are reports that the documents involved material of the highest possible classification dealing with nuclear weapons. There is no question that the former President has no authority to retain classified material and that the government has a legitimate right to retrieve such material.

We should see the warrant and property list relatively soon in light of the DOJ motion and the Trump waiver. My greatest interest is the specificity of the information. Here are a few questions as we wait for the warrant and list:

  1. Attorney General Merrick Garland said that the DOJ would have used other less intrusive means if they were possible. Yet, it would seem that such options were not just possible but obvious, including the use of a second subpoena. Moreover, even if a raid was necessary, it is not clear why the DOJ would descend upon Mar-a-Lago with such a massive show of force rather than send a few agents over with the warrant.
  2. If the FBI believed that there was nuclear-related information in the resort, it certainly did not seem to move with dispatch. The last communication, according to the Trump team, was in June. Even after securing a warrant, there was reportedly a delay in executing the warrant. Why?
  3. If the FBI suspected that high-level material was retained at the resort, did they identify the material to the Trump team and demand its return? It is hard to imagine the Trump Team telling the FBI to pound sand if such a demand was made. Yet, such a denial would readily support a showing of probable cause. Moreover, adding a lock to the door of a storage room would not be viewed as sufficient for material at the apex of classification levels.
  4. Did the warrant specifically identify the material or the classification level? If the warrant sought the recovery of any possible classified evidence, it would again raise what was stated in the affidavit and the reason why such material was not acquired in the June subpoena despite the reported cooperation of the Trump team.
  5. There remains the role of the confidential informant and what the person shared with the DOJ. Was there evidence of active concealment of the material or merely a statement of additional documents being stored at the resort?

It is highly unlikely that all of this information will be contained in just the warrant and the list. Given the growing controversy over the necessity of the raid, this is one circumstance where the release of the affidavit is warranted. Rather than allow such questions to fester and grow, early and total transparency would seem in the public interest.

 

This column also appeared on Fox.com.

549 thoughts on “Five Lingering Questions In the Wake of the Mar-a-Lago Raid”

  1. Check out “the Former Presidents Act (known also as FPA; 3 U.S.C. § 102 note (P.L. 85-745))[1] is a 1958 U.S. federal law,” which establishes that the Former President and staff may have Security Clearances and a SCIF for the maintenance of Classified Documents.

    Turley, you’re just wrong, again.

  2. Matt Taibbi:

    If you were trying to come up with a scenario that would convince people to let go of their paranoia of the “deep state,” could you think of something worse than raiding the president’s house in a multi-agency raid – where it’s leaked out, by the way, that counterintelligence personnel are there – then not saying anything for a period of days, then having a sudden and bizarre press conference, then announce something about nuclear secrets, after which the former head of the CIA basically co-signs with a happy face emoji the idea, “Let’s execute Donald Trump.” It’s almost like they anti-wrote the whole thing to try to make a political problem worse for themselves.

  3. You have a bunch of allegations here – including clearly nut job neighbors.

    If the son was actually speeding in a residential neighborhood – cite him.
    But that is not going to happen on a neighbors allegations – not to anyone.

    If someone ran over a mailbox they have to replace it.

    But the rest of this is nonsense. It is typical left wing nut jobs who presume that anyone who owns a gun or is conservative is dangerous.

    There is nothing in this entire article that would allow any police officer anywhere to determine who the actual problem is.

    But YOU are certain.

    If Boebert or her husband, actual initiate violence against their neighbor – Arrest and prosecute them. But fear is not evidence of a crime.

    If the son is speeding – cite him, but you need a police officer to observe that.

    Most places allow private criminal complaints. If these neighbors feel a crime has actually been committed – they can file a private criminal complaint.

  4. I really do not care much about claims that someone is hogging the blog.
    I am glad that JT/Darren is blocking actual spam.

    But if someone wishes to post on topic offensive content 1000 times a day – do not care.

    Speech is only a limited resource when you censor it.

    I am not adept at this comment tracing so many here do. I am interested in content not metadata.

    If tracing floats your boat – that is your business.

    I want more intelligent and less cookie cutter comments by left wing nuts.
    I do not want less left wing nuts posting.

  5. Then enlighten me.

    There are far more bat$hit crazy left wing nut posts.

    Any political standard of censorship would flush those.

    There is plenty of left wing ad hominem.

    There are very very few things that get you censored here.
    And those are trivial to avoid.

    BTW I can not see something that is not there.

    And one of the insidious things about censorship – is that the censored party must speak up to prove it.

    Regardless, I will speak out against censorship – even of left wing nuts.
    But I can not fight against what you can not demonstrate exists.

  6. More and more attorneys in the public realm who are accomplished, have a large sway of influence, and have a CV to back up their analysis, are sharing Professor Turley’s opinion, like Megyn Kelly. Interesting

    ——-

    MEGYN KELLY: There is no way that is what they were searching for.

    This is about January 6. If you believe this has to do with classified documents, having to do with bullsh** t Trump took with him when he left office, your head is in the sky. This is about January 6 and the never-ending desire to get Donald Trump on something. They don’t want him to run for election again. They’re mad that he did not get convicted on the first or second impeachment, they are mad that he did not get pursued criminally by the New York D.A.

    They are mad Russia-gate fell apart and they are made he is ahead in the polls, crushing DeSantis, and that his candidates of choice all [won primaries] last week, and the Democrats are prepared to play dirty.

    [Attorney General] Merrick Garland is clearly willing to go along with that. He’s been moving in, in concentric circles toward Donald Trump over the past several weeks, going after his top advisor with subpoenas, we’ve seen close Trump advisors in handcuffs, dragged away as if they’re like mobsters. This is really getting alarming and the American public deserves answers.

    1. Left wing opinions, right wing opinions. And we all know what they say about opionions. Waiting without judgement wil actually tell us what will happen. Even then know one on either side will be happy or content. The facts do not seem to be as important as using those facts to validate our own opinions. Megan before I write another word, I think you are very beautiful, intelligent and charming, and please i am not singling you out because of your opionion. The fact is I find most people regardless of their opions are kind, caring and concerned. This whole thing about choosing sides is a bit discomfronting because I’ve been around the world and no matter where I go or what country I am in, people have families, they work hard they love their neighbors, and they are just trying to survive day to day, and find a little happiness. People on the whole are good, the problem with sensationalism is it only serves to make some people angry, some people scared etc.

      I see no purpose in judging others. Does it really change thing? On the other hand if you make money by sharing your opinion and people agree with it, and it makes them feel better, then that does serve a purpose, and it also would put money in your pocket. I am not asking anyone to change, I am just asking each of you choose to share your opionions also allow others to do the same without judging them. John said he welcomes others opinions. I am sure he still loves them and appreciates the fact that like him they have families, friends and that they are ready just like he is too help others, and I know Megan is that way. I’m also sure most of the others who express their opionions on this site feel the same way. Occasionally it might be a good idea to mention that so that we don’t have this great divide, and we can all learn to embrace each other, and each others opinions. Seriously both sides regardless if the are right or left leaning has some of value to share. AND GUY AND GALS IN CASE ANY OF YOU THINK YOU ARE PERFECT AND ALWAYS RIGHT, I LIVE ON A LAKE AND YOU WELCOME TO STOP BY AND TRY WALKING ACROSS MY LAKE. I JUST KNOW EVERYTIME I TRY IT I GET WET. SOAKING WET.

  7. The simplest explanation is it was a ruse for a fishing expedition to find evidence regarding January 6th or of any crime. Democrats have failed to find evidence of a crime despite 5 years of trying, multiple impeachment’s, and the weaponization of the FBI.

    Retrieving documents without the presence of Trump or his attorneys was the perfect opportunity.

    Watergate was tame by comparison.

    1. Karen S, you’re an idiot. Trump witnessed the whole thing thru CCTV. They saw everything that went on.

      The simplest explanation is that Trump lied to NARA, and the DOJ. He continued to lie after the search warrant was executed and continued to spew nonsense that was debunked immediately. Trump committed several felonies and it’s only a matter of time before he will be charged. That is not even open to debate. It’s that serious.

      Trump wanted Hillary Clinton in jail because she was just negligent with classified information. Oh, guess what? Trump was extremely negligent with this informations and it included the most sensitive information that this country has illegally. Obviously if Hillary could go to jail for lesser offenses Trump should go to jail for these greater offenses.

    2. Good analysis, Karen

      Watergate was a big deal in the 1970s because politicians did not get caught doing what Nixon did.
      Hillary Clinton as Secretary of State got busted royally, and Obama’s DOJ joins the Clintons in breaking the law by making excuses.
      No one made excuses for Nixon, but everyone makes excuses for Obama’s corrupt DOJ™️

      Watergate stopped being Watergate when the dam gates busted during Obama’s DOJ ocean of corruption. Lady Justice is circling the drain.

    3. The sign that this was a fishing expedition is the specification in the warrant that all documents or Presidential Records of any nature whatsoever created during Trump’s entire Presidency should be collected and that every room or other space to which Trump had access in MAL should be searched. This was not limited to classified documents about which someone may have informed. So much for Garland’s statement that a search should be “narrowly drawn.”

  8. “When you strike a king, you must kill him.”

    – Ralph Waldo Emerson
    ___________________

    You anti-Constitution, anti-American communists (liberals, progressives, socialists, democrats, RINOs), be very sure to keep Real President Donald J. Trump in prison for at least 2 1/2 years because you will never cause him to be ineligible, as is the case with Barack Obama and Kamala Harris, both of them can never be “natural born citizens.”

    Real President Donald J. Trump is a natural born citizen, over 35 years of age, and has been a U.S. citizen for more than 14 years.
    _______________________________________________________________________________________________________

    Article 2, Section 1

    No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

  9. “This was terrible. It makes me mildly nauseous to think we might have had some impact on the election.”

    – FBI Director James Comey

  10. ATS, I consider Ashil Babbitt a friend of the nation who served honorably in the military. You called her a stupid woman and now are trying to impugn her reputation further. There are no lengths a fascist like you won’t go to destroy or incarcerate all those who believe in Liberty.

    1. Babbitt was a traitor and a fascist who got exactly what she deserved. She destroyed her own reputation when she broke into the Speakers Lobby with the intent of killing members of Congress.

      1. Of course you think that Sammy, just like ATS thinks Ashli Babbitt was a stupid woman while making up stories. Newsflash, some have linked you and ATS together as the same person. How about that? Sammy and Anonymous the Stupid being the same individual. It makes sense based on former links and history.

      2. “I only regret, that I have but one life to lose for my country.”

        – Nathan Hale, September 22, 1776

    1. Oh Anonymous, can’t you see that these were mostly peaceful protests where just a few people were killed by protesters? How can you not possibly see that these protesters were just piously singing “We shall overcome”?

  11. I am not sure that total transparency is the road to follow because it’s falling in a trap of increasingly using the necessary secrecy of the executive to play down cheap politics. We will lose on the long term with this. For 6 years, Trump’s political opponents, with the help of the judiciary and law enforcement, have made a manipulative series of accusations with the results, after have proven nothing, that the impeachment process is discredited, the FBI is losing its reputation more every day, and the Courts now appear to be directly party in political competition…it’s the disaster we should avoid. This is destroying the country.

        1. Bill Maher made those comments BEFORE it was revealed that Trump had documents that were so secret he was not supposed to have them.

          He is in serious trouble and he’s been trying to make excuses and blaming anything and anyone for his crimes.

  12. Dissent Equals “Violence”

    “By calling criticism ‘attacks’ and then immediately warning the country of the danger “violence and threats” against the FBI pose, Wray deceitfully framed legitimate speech as violence or, at a minimum, the threat of violence. The object of this framing is obvious: to silence Americans who have finally found their voice following the FBI’s raid of Trump’s private residence at Mar-a-Lago.

    “In a country founded on first freedoms — foremost of which is free speech — Wray’s statement proves shocking.” (Margot Cleveland, “The Federalist”)

    https://thefederalist.com/2022/08/12/fbi-director-calls-legit-criticism-of-corrupt-fbi-violence-but-we-werent-born-yesterday/

    1. What BS.

      Dissent =/= violence, and Wray wasn’t equating them.

      The guy who shot at an FBI office earlier this week in response to the search, and who advocated violence against the FBI: he committed a violent crime and advocated others committing violent crimes. We should all condemn that actual violence and advocacy of violence.

      1. Anonymous, We are still waiting for your condemnation of the guy who tried to assassinate Kavanaugh and the guy who shot a Republican Senator at a baseball game. We still await your admittance that RussiaGate was a hoax. We stand by for your concern for a private server that contained secret documents located in a closet at Hillary Clintons home. We still are waiting for your comments about Obama declaring that as President he had the authority to declassify whatever document he wanted to declassify. Until these things come to pass our assessment of the wisdom you present to us will be found at best to be greatly dubious. Put more succinctly, Blah Blah Blah. However, you continually are comedically entertaining.

          1. Anonymous, instead of calling other posters trolls or stooges why don’t you impress us with your vast knowledge utilized in a well thought out rebuttal. All you have to say is RussiaGate was a hoax, the attempted assassination of Justice Kavanaugh was a horrific act and the shooting of Senator Scalise was an unforgivable occurrence to assure that I will not further question your daily bias. To borrow a phrase from your answer to my post, I will not be holding my breath.

            1. I don’t call people stooges. That’s a different Anonymous, who used to post as Seth Warner and Peter Hill. I’ve called him out on how silly he sounds insisting that the majority of commenters he disagrees with are just sock puppets for Estovir. I do call some people trolls, when their comments convince me that they’re not good faith discussants. You, of course, are free to have a different opinion about them. You may want me to treat a bad faith discussant like you as if you were a good faith discussant, but that would be an unwise decision.

    2. Both through history and self evidently at the moment there is plenty of justification for ATTACKS on the FBI and DOJ.

      We can debate whether these institutions are irredeemably politically corrupt.

      But there is zero doubt of political corruption and it is not merely legitimate it is REQUIRED that we speak out.

      Wray was selected to restore trust and integrity at the FBI – he has FAILED.

      The fiasco of the Whitmer Kidnapping debacle is alone more than enough to DEMAND accountabliltiy throughout the FBI.

      There is no doubt there are rotten apples at the FBI and DOJ.
      We can differ on the extent of that rot – but not its existance.

      Hundreds of millions do not trust the DOJ or FBI – with very good reason.

      We are angry at be threatened for demanding inquiry and transparency.

      It was a really really bad look to Rush out of the Senate while Questions were still being asked to get onto a private plane the government has provided you to go on vacation – as fast as you could so that you would be gone when the FBI raided the former president and leader of the opposition political party

      1. “ Both through history and self evidently at the moment there is plenty of justification for ATTACKS on the FBI and DOJ.”

        Supporting violence on law enforcement be it federal or local shouldn’t be encouraged. Your own insinuations and known hatred of the FBI put agents at risk as it happened in Cincinnati. This is exactly what led to the Jan 6 rioting. You’re condoning violence against federal officials.

        You are angry because Trump and his allies got caught lying, and breaking serious laws. From “planting evidence” to “it’s a hoax” and finally “I had it all declassified” all pure BS lies.

        Clearly republicans are desperate after being caught manufacturing lies before the facts came out. It IS a serious problem when the FBI finds top secret documents that are not supposed to be anywhere except a secure government location specifically designed for such information. The fact that it was found in less than ideal secured areas such as pool sheds or basement storage with a simple padlock is itself a crime. The fact that he refused to turned them over itself is a crime that carries a 10 year penalty.

        This isn’t about the FBI “corruption”. This is a desperate attempt at deflection from the very fact that clearly trump and republicans were caught lying and defending something that posed a serious risk to national security.

        Trump was given multiple opportunities to hand over those documents without as much as a peep from the media. But he refused and did not comply with a voluntary relinquishing of documents that did NOT belong to him. If a subpoena had to be issued it was still the less intrusive way to go, but again he did not comply. Given the nature of how serious the sensitivity of the secret documents he had the FBI had no choice but to issue a search warrant which resulted in the confirmation that Trump did indeed have documents he was not allowed to have and had no authority to declassify.

        Republicans are starting to distance themselves from their attack on the FBI except those who are full on Trump zealots who are spewing invective rhetoric against the FBI for don’t their job. Trump was found to be ILLEGALLY in possession of TS/SCI documents that should never had left the White House. The mere keeping of those documents and refusing to turn then over is a crime regardless of whether he had the “authority” to declassify them.

        1. No one support violence against the law enforcement – except the left.

          Please quit the deliberately dense nonsense.

          Speach it not violence.

          I and many others have been and will continue to Attack the DOJ/FBI – just as you idiots attack Trump.

          I am as free to attack the DOJ/FBI as you are Trump.

          But my attacks are supported by the facts – yours arent.

          If you are stupid enough to engage in violence because of someone else’s words – that is on you.

          None of us are obligated to self censor because you are affraid that some looney may take that to heart.

          Several on the right here have pointed out that you have not spoken out about hodgkins the left wing nut who shot up the republican congressional baseball team.

          You are not obligated to do so. Most of us grasp that your idiotic remarks have little to do with the bad acts of some left wing nut job.

          But you absolutely refuse to grasp the obverse – that My words or those of anyone else at odds with you – are NOT violence, or predicates to violence.

          Though I will note – and in doing so get myself threat tagged by the DOJ/FBI – that our declaration of independence is a reasoned justification for VIOLENCE.

          As is repeatedly noted, The 2nd amendment is for when the first amendment no longer works.

          Read the declaration of independence – our founders used words to argue for violent revolution.

          The justified violence by the tryancial acts of those in power.
          Increasingly you left wing nuts use the tiniest advantage – usually illegitimately to gain power.

          The litany of left win nut conduct mirrors strongly our founders complaints against King George that they used to justify violence.

          You continuously seek to infringe on liberty further and further ultimately we reach Patrick Henry’s “Give me liberty or give me death”

          The speech you and Wray and Garland seek to silence, is just like the colonists warning from rattlesnake on the Gadsen flag.

          The rattle is a warning, that if you continue in your tyranical ways, one way or another you are going to get bit.

          1. John B. Say,

            “But my attacks are supported by the facts – yours arent.“

            No, your attacks are the product of unfiltered ideological zealotry. It’s as simple as that and you make it quite clear in your rantings. Your zealous hateful views of the “left” seriously cloud your judgment.

            You see tyranny where none exists because you are so deep into your own ideological silo that you will see anything “left” with hateful contempt. It’’s a serious level of ignorance that you harbor.

            Your willful denial fo the facts by those of your ilk are the primary cause of this rhetoric and sowing of doubt in anything that can contradict or threaten your fragile points of view. This explains why Trump has been lying so vociferously and futilely trying to lay blame on anything for his obvious crimes. What is happening is an epic tantrum and rage induced protest that is common among narcissists such as trump. The realization that they are NOT the center of attention and importance is devastating and having devout followers who are so blinded by sheer zealous adoration and the massive ignorance of the gullible and uneducated. This is how curls collapse. When their leaders are shown to be the pathetic cowards they are it is seen as an impossibility because they can do no wrong in their eyes.

            You claimed the left would have egg on their face once we learned about the “corruption” of the FBI. Yet none of that happened and instead it turns our the right jumped the gun and spewed lies and innuendo before the facts came out. Trump lied multiple times and you cannot bring yourself to acknowledge it because doing so would make you feel like a fool. Instead of making excuses for Trump’s lying about this criminal fiasco that he brought himself into the least you could do is admit that Trump broke the law. If this was HIllary who is a “leftist” you would have no problem calling for prosecution to the fullest extent of the law. You wouldn’t go to such great lengths to make excuses like you are now for Trump. Clearly you’re detached from reality here thanks to the deep ideological zealotry that you harbor.

            1. When the application of the law changes based on politics that is Tyranny PERIOD.

              My judgement of the left is based on conduct and the history of openly professed values.

              All forms of statism (big government) fail. There is massive proof of that – do you really want to debate that ?
              To the extent that leftist statism incorporates marxism or socialism or derivatives it becomes bloody and violent.
              No ideology in human history has resulted in more death and suffering that socialism – do you really want to debate that ?

              Your ideology is broken and dangerous.

              You like to rant about the harms of racism and slavery. north american atlantic slave trade was less than 1M. I beleive the total Black slaves from the 16th to the 19th century in the US was about 12M. Total blacks killed in lynchings in the US was under 4100 according the EJI. The black on black racial genocide in Rwanda resulted in the death of 850,000 Tutsi in 90days.

              Estimated global murders from socialism in the 20th century alone was 252M.

              You are the one in denial.

              Trump is far from perfect and his massive covid spending contributed to our current mess. But Trump is responsible for at most 1/5 of current inflation. Democrats own the rest.
              You inherited a country, an economy that was bursting at the seems to take off – and you killed that.

              I posted here in Jan 2021 when Republicans first started claiming that there would be a red wave in 2022, that they should not count their chickens until they hatched. All Biden and Democrats needed to do in the past 2 years was leave things alone and you would have a booming economy. But you could not leave things alone.

              If you wanted Trump to fade – that is trivially accomplished – Ignore him. Starve him of attention and he goes away.

              This stupid raid has assured that barring death or disability Trump will run in 2024 and he will win.
              And it is YOUR efforts to prevent that which have assured it.
              You have unified Republicans behind Trump, as well as large numbers of independents.

              Biden said that any president with 200,000 covid deaths on his watch should resign. almost 3 times as many people died of Covid with Biden as president.

              For most of my life Republicans sucked at messaging and democrats were brilliant. Whatever other faults of Obama he had a silver tongue and could make $hit appealing.

              But right now democrats are histrionic, divisive and alienating.
              Trump did not do that to you, Republicans did not do that to you.
              You have done it to yourselves.

              This administration is the worst since James Buchanan and you still have two years to make it worse still.

              A raid is a raid, inflation is inflation, a recession is a recession. Lying does not help.

              Regardless, this is not about emotion or hatred – though you deserve that.
              It is about failure. You have failed, massively. In nearly every possible way.

            2. “You claimed the left would have egg on their face once we learned about the “corruption” of the FBI.”

              Do you live in the real world ?

              For about the 200th time in the past 6 years I was told by left wing nut media talking heads that this would be it, that tomorow Trump would be taken away in handcuffs.

              Tomorow, and tomorrow and tomorrow have passed.

              As is typical these same talking heads who have been wrong about everything since the start, are making all the same ridiculous predictions. While those who have been repeatedly correct – are noting that DOJ/FBI is in trouble.

              On Monday by 5pm Garland must show cause why the affadavit should not be made public.

              Several credible legal experts have noted that the warrant is the “general warrant” that the 4th amendment was created to prevent,
              and that it will take LOTS of extraordinary evidence to support it.

              I expect when made public – which I hope, but doubt will be quickly, that the affadavit has LOTS of egregious claims of alleged evidence against Trump supporting the warrant. That will provide plenty of idiocy to debunk.

              Had the Carter Page Warrant and affadavits been released in mid 2017 we could have ended the whole collusion delusion fiasco quickly.

              I want the DOJ/FBI to have to put all their cards on the table immediately.
              So that we can quickly determine how bad a hand they are playing.

              And to be clear – this is not about Trump – it is about the crooks running our government.

        2. “Supporting violence on law enforcement be it federal or local shouldn’t be encouraged.”
          Then why were you encouraging it all of 2020 ?

          Regardless, no one is calling for violence against the FBI or DOJ – YET.

          We are Demanding accountability of partisan hacks.

          “Your own insinuations and known hatred of the FBI put agents at risk as it happened in Cincinnati.”
          The lawless conduct of the DOJ and FBI puts agents at risk.
          Given the egregious conduct – I am surprised there has been so little violence.

          Left Wing nuts like you attempted to burn the federal courthouse in portland several times.
          Threw rocks and shot rockets and tried to blind federal officers with lasers nearly every night for months.

          Now suddenly you have found religion ?

          Regardless, This is not about hatred, it is about misconduct.

          Officers that engage in entrapment have no place in law enforcement.
          Officers that lie on FISA warrants have no place in law enforcement.
          Officers that engage in Nazi Nebel and Nacht tactics have no place in law enforcement.

          Those of you on the left are cheering the idiotic MAL warrant.
          While actual civil libertarians are stunned. This is the steele dossier all over again.
          This is the epitome of the general warrants that our founders loathed from King George.

          Loonies on the left cheer this on believing that allegations are proof.
          While reasonable people grasp that it is absolute proof that the FBI and DOJ are bat$hit crazy and out of control.

          “This is exactly what led to the Jan 6 rioting. You’re condoning violence against federal officials.”
          Lawless elections, illegal voting, zero transparency and completely thwarted inquiry lead to J6.

          Regardless, it is not words that lead to violence – it is misconduct.

          “Don’t tread on me” and we will all do fine.

      2. There is no doubt there are rotten apples at the FBI and DOJ.
        We can differ on the extent of that rot – but not its existence.

        I always said it was just a few renegades. Until the Russia, Russia, Russia lies, spread by the FBI. Just ask yourself, how many whistle blowers came forward???
        Answer? a number too close to Zero. That tells me, the agents doing the grunt work are just as corrupt. In this case silence is deafening.

  13. If there were strict civility rules you would be one of the first to go. Using banned or something that will be censored so that others posting underneath will have their responses deleted as well is uncivil. You should be permanently banned from the blog for such actions.

    This abuse from you was proven months ago. You never apologized to all those you intentionally harmed. The postings are at and around. https://jonathanturley.org/2022/01/10/the-vaccine-mandates-the-supreme-court-considers-a-trip-to-major-questions-land/comment-page-1/#comment-2150023 They show Anonymous the Stupid to be the vile person he is.

    ======
    Self-deleted: “Civility, indeed.”

  14. There is something obscene about the FBI raiding Trump’s home, while the dissolute Hunter Biden boards a private jet to go on vacation with his bumbling father — the destroyer-in-chief.

      1. Turn about is fair play.

        If you are going to politically weaponize DOJ/FBI Warrants, … expect the same from Republicans when they are in power.

        Some of us want the rule of law.

      2. God forbid that the left abide by the rule of law.

        ATS believes in one party rule where fascistic type government prevails.

          1. Say what you will, but anyone looking at what has been done by Democrats for the last 6 years will have an education of what the rule of law means to Democrats. Nothing.

    1. For years we have heard that Republicans are poor at messaging.

      Yet, in the past decade Democrats are completely unable to see how they look to the world.

  15. The latest ruse to “get Trump” — classified documents.

    This is, what, the 50th concocted scheme?

    How many such ruses do people need before they see a pattern?

    1. Actually, the crimes alleged don’t rely on the documents being classified. Have you bothered to read them? I posted links earlier.

        1. I’m not wrong.

          Consider 18 USC 793, for example: https://www.law.cornell.edu/uscode/text/18/793

          The word “classified” does not appear in the text of the law. The word “classification” does not appear in the text of the law.

          It does say things like “any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense.”

          YOU are wrong, but you’re not honest enough to admit it.

          1. Do you know what classified means ?

            This was all beaten to death in 2016.

            Your trying to make this into a semantic argument – as you did then except in the opposite direction.

            It is not.

            A classified document is a document that the espionage act would apply to.

            No one is arguing that classified documents must be MARKED classified.
            However if they are DECLASSIFIED – the EA no longer applies PERIOD.
            No document is classified forever.

              1. Because I say so is not an argument.

                But lets make this simple.
                Are you defining classified as “marked” ?
                That is not common use, it is not the laws use, it is not most of the blogs use, but using that meaning – you are correct.
                The espionage act does not require anything to be MARKED classified.

                It merely requires it to BE classified.

                about a decade ago a sailor was prosecuted for taking a picture of the engine room of his nuclear sub.

                The engine room is not marked classified – but it is and the sailor knew that. The picture is not marked classified.
                But the picture still violated the law – because it was classified.

                I had a TS.SCI clearance 2 decades ago. I was a software engineer. If I wrote code or reports based on classified sources – my work was then also classified – even though not marked.

                If I created something using my classified knowledge – even if I did that inside my home. My work product was still classified.

                All that said if any legitimate declassification authority – including the president just saying – that is no longer classified, declassifies something – it is no longer classified and the transmission of that formerly classified information does not violate the espionage act.

                I would note that aside from evrything else – this is the only valid possibility.

                Otherwise you have created a crime that people can easily unwittingly commit.

                You are trying to create a non-existant provision of the espionage act that makes it a crime to transmit information that you have excellent good faith basis to beleive is not classified. i.e. information that has been declassified.

                This is a stupid argument and only left wing not judges would dare try and uphold that.

                You would have so many constitutional violations trying to prosequte on your theory.

                But then you left wing nuts NEVER think more than at the surface. You never consider – how would my position work if I was the target rather than someone I hate.

                One of the reasons that I am increasingly inclinded to support republicans pulling the same idiocy that democrats are doing is that
                this nonsense is not going to end until there is a cost.

                Until the left has to live under its own rules, or until the courts even the left one get fed up and say enough is enough.

                1. John, Like Anonymous, I don’t see anything in the text of the 3 criminal provisions cited in the warrent that says the records need to to be classified (marked or otherwise). Am I missing something? Thanks.

                  1. 18 US 793 uses the terminology National Security information. That has the same legal meaning as classified.

                    If you read any of the Clinton, Bush or Obama EO’s – they make it perfection clear that “classified” encompasses MORE than these laws – not less.

                    If you doubt that, find an example of anyone ever being prosecuted under 18 US 793 for something that was not classified.

                    People have been prosecuted for things that were not MARKED classified. A naval cheif was prosecuted for taking a picture of the engine room in his nuclear Sub and sharing it with other chiefs. But he knew that his engine room was classified and did not think about the fact that he could not use a cell phone to take a picture and distribute it to others. He was prosecuted convicted and jailed.

                    Federal records act violations are not crimes, and that is why they were not used regarding Clinton.

                    But all of these are going to be a massive problem for DOJ to prosecute.

                    The Espionage act is about HANDLING – not possession. This is an unusual case – because NORMALLY we can presume that if you are in possession of material that YOU are responsible for ACTING to come into possession of that material.

                    Deutch took his CIA laptop home. There was no opportunity for him to claim as an example that he went home without it, and an assistant unsolicited brought it to his home for him.

                    But the opposite is the case here.
                    First until Biden took the oath of office Trump could have personally taken these documents anywhere perfectly legally.

                    So it is going to be incredibly hard to find an ACT by Trump that occured AFTER he was president that violates the espionage act.
                    Read it, it is about acts.

                    Next, it is unlikely Trump took these documents with him. It is most likely the GSA brought them.
                    So you have no ACT.

                    Last – several excellent national security lawyers have asserted – there is obviously something else going on here.

                    This warrant alleges crimes. Classified documents sitting under lock and key at MAL are not crimes.
                    A crime would be evidence that Trump was going to sell these to the Saudi’s. No one beleives that.
                    That is something Hunter Biden would do – for more crack and prostitutes.

                    Trump lists as one of his major accomplishments that he left the US safer and stronger than he found it.
                    He is not going to do something that destroys what he is most proud of.

                    These factors are things those on the left never think of. They never look beyond the surface at anything.
                    They beleive that everyone they hate is so greedy – no matter how much they already have, that they will act stupidly and destroy everything they have built for a pitance more.

              2. And yet I am clearly not.

                You clearly have no understanding of the espionage act.

                Can you cite a single instance of a prosecution for violation of the espionage act that ever involved declassified materials ?

                Can you cite a single example that did not involve classified materials ?

                Do you have any evidence that you can be prosecuted under the espionage act – aside from a collection of legally and historically illiterate law professors, for material that is not classified.

                And just to be clear – this is not about MARKED.

                Much of the classifed material that Hillary had on her email server was classified but not marked.

                Some of it was what is called born classified – documents or information that is by its nature known to everyone to be classified – such as the presidents schedule.

                Some of it was information removed from her SCIF and re-entered into unsecured systems without markings.

                Finally Hillaries crime was not possession of classified material. It was Removal of classified material from Classified systems to unclassifed ones. And recklessly placing classified material where any hacker could access it.

                The Espionage act is not about possession of classified materials. It is about deliberate or reckless actions that defeat the protection of classified material or actively provide it to those who may not have it.

                Regardless, almost 2 decades ago I held a TS/SCI clearance while working for a defense contractor.
                I had to go through an extensive application process including an FBI background check, as well as days of training.
                The same training that Hillary had to take.

                If the facts alleged by the FBI were entirely true, and those by Trump entirely false – absent evidence that Trump stole Classified information – i.e. that he walked into the WH AFTER Biden was confirmed and removed classified material (or conspired with someone else to do so) as a private person the worst penalty he would face would be losing his security clearance and probably being fired if he worked for a defense contractor. As a government employee the penalty would be criminal, but small. As a ranking Government employee it would be higher, and if he were active duty military it would be draconian.

                Sandy Berger received light punishment for STEALING classified information. CIA Director Deutch would have served a few months in jail for taking massive amounts of highly classified information from his office to his home and leaving it their unattended and unsecured while the director of the CIA – he was pardoned by Clinton before going to jail. But sailors and soldiers have been jailed for years for less consequential offenses.

                Absent a DC jury and judge where all bets are off, Trump would not be charged. Because it is not a crime for a person with an appropriate security clearance to possess classified information under conditions that were previously approved.

                to have a crime – you must have an act.

      1. ATS posted links he either didn’t read or didn’t understand. That is his standard practice.

Leave a Reply