The drama surrounding the FBI’s raid on Trump’s home is far from over. We are still waiting for details about this investigation.
But one thing is clear, it has lit a fire under millions of Americans. And now, top lawyers are revealing the raid had no “legal basis.”
From David B Rivkin:
Was the Federal Bureau of Investigation justified in searching Donald Trump’s residence at Mar-a-Lago? …the warrant itself suggests the answer is likely no—the FBI had no legally valid cause for the raid…
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… The former president’s rights under the PRA trump any application of the laws the FBI warrant cites.
Two top lawyers, David B. Rivkin Jr. and Lee A. Casey, wrote an opinion about the raid for the Wall Street Journal.
And these legal experts revealed that the FBI had no “legally valid cause” for raiding Trump’s home.
They appear to be echoing a sentiment shared by many other experts and leaders.
The FBI’s warrant was looking to seize any documents that were evidence of a crime, specifically “items illegally possessed.”
But these lawyers point out that the materials seized were documents created during Trump’s time in office.
And the Presidential Records Act protects Trump’s access to such documents. Meaning, that he was not illegally possessing documents created for him while president.
To say that Trump was breaking the law by holding onto documents cleared for his view and use while president is nonsense.
Federal law, as these lawyers argue, gives Trump a “right of access” to these documents. That seems to suggest that the FBI was wrong in accusing him of breaking the law.
And they even went as far as to invade his home, rifle through her personal belongings (including his wife’s clothes) over this wrong basis.
Not only can this result in the case being thrown out, but Trump might even sue the FBI and DOJ for trampling on his rights.
I’m sure there are plenty of Americans who will support him doing that.
- Two top lawyers argued that the FBI had no “legal basis” for the raid on Mar-a-Largo.
- They argued that Trump had right of access to all documents, because they were from his administration.
- The warrant might have wrongfully accused him of “illegally” possessing documents he lawfully held.
Source: David B. Rivkin