Judge Rejects DOJ Bid to Keep Trump Affidavit Sealed: Impeach Garland and Wray - The American Spectator | USA News and Politics
Judge Rejects DOJ Bid to Keep Trump Affidavit Sealed: Impeach Garland and Wray
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Attorney General Merrick Garland last week (ABC 7 Chicago/YouTube)

Well, good for Judge Bruce Reinhart.

Here’s the headline over at Fox News:

Judge Reinhart formally rejects DOJ argument to keep Trump affidavit sealed, calls raid ‘unprecedented’

Reinhart ruled ‘given the intense public and historical interest’

The story reports this, bold print supplied:

Judge Bruce Reinhart on Monday admitted the FBI’s raid on former President Trump’s Mar-a-Lago home was “unprecedented” and formally rejected the Justice Department’s argument to keep the affidavit leading to the search under seal, citing the “intense public and historical interest.”

Reinhart, in a filing Monday morning, said he rejects “the Government’s argument that the present record justifies keeping the entire Affidavit under seal.”

“The Government argues that even requiring it to redact portions of the Affidavit that could not reveal agent identities or investigative sources and methods imposes an undue burden on its resources and sets a precedent that could be disruptive and burdensome in future cases,” Reinhart wrote. “I do not need to reach the question of whether, in some other case, these concerns could justify denying public access; they very well might.”

He added: “Particularly given the intense public and historical interest in an unprecedented search of a former President’s residence, the Government has not yet shown that these administrative concerns are sufficient to justify sealing.”

Catch the phrase “an unprecedented search of a former President’s residence”?

Now there’s an understatement.

Over there in Newsweek was this decidedly interesting and considerably relevant piece by one Mike Davis, identified by Newsweek as:

…the former chief counsel for nominations to then-Senate Judiciary Chairman Chuck Grassley, … [and] the founder and president of the Article III Project (A3P). A3P defends constitutionalist judges and the rule of law.

Which is to say, Davis is exactly the person to reveal the following for Americans outraged over the FBI Mara-a-Lago raid by the Justice Department and FBI. Calling the raid “unconscionable” and saying that both Attorney General Merrick Garland and FBI Director Christopher Wray should be impeached for authorizing the raid, Davis educates thusly, bold print for emphasis supplied:

Last Monday, the Biden Justice Department crossed a red line by ordering an unprecedented, unnecessary, and unlawful FBI raid of Trump’s home and offices in Mar-a-Lago. The purported purpose of the highly controversial home raid with a brigade of 30 FBI agents — a raid Attorney General Merrick Garland admitted he personally ordered after his aides initially denied it — is related to 15 to 25 boxes of presidential records, some of which bureaucrats at the National Archives claim are classified and which Trump took to Mar-a-Lago when he left the White House over 18 months ago.

All presidents take mementos and other records when they leave office. They don’t pack their own boxes. The National Archives takes the position that almost everything is a “presidential record.” And the federal government, in general, over-classifies almost everything.

Even if Trump took classified records, that isn’t a crime. The president has the inherent constitutional power to declassify any record he wants, in any manner he wants, regardless of any otherwise-pertinent statute or regulation that applies to everyone else. The president does not need to obtain Congress’ or a bureaucrat’s permission — or jump through their regulatory or statutory hoops — to declassify anything. The Supreme Court reaffirmed this in the 1988 case, Department of the Navy v. Egan: “The President, after all, is the ‘Commander in Chief of the Army and Navy of the United States.’ U.S. Const., Art. II, § 2. His authority to classify and control access to information bearing on national security … flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant.

Thank you, Mr. Davis.

There is the Supreme Court of the United States saying explicitly that a president, at the direction of the Constitution, has the “authority to classify and control access to information bearing on national security … [which] flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant.

Bingo.

Which is to say the entire raid decidedly crossed a “red line” executing a decided violation of the former president’s Fourth Amendment rights. Recall, the Fourth Amendment to the Constitution reads as follows, bold print supplied:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Since neither the Department of Justice nor the FBI had the right to raid the Trump home in an “unreasonable search and seizure” — per the Fourth Amendment — much less to seize papers that the 1988 Supreme Court decision specifically gave the president the “authority to classify and control access to information,” this raid was an unconstitutional monstrosity from the moment the FBI stepped uninvited on Mar-a-Lago property.

Which, exactly as Mr. Davis calls for, should result in the impeachment of Attorney General Garland and FBI Director Wray.

If, as stories report, Republicans win control of the House in a couple months, those impeachments should be job one for the new GOP House — quickly followed by an investigation into the corrupt, authoritarian mess that is the decidedly unconstitutional Jan. 6 Committee.

For which every one of its members and staff should be preserving their own documents.

Jeffrey Lord
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Jeffrey Lord, a contributing editor to The American Spectator, is a former aide to Ronald Reagan and Jack Kemp. An author and former CNN commentator, he writes from Pennsylvania at jlpa1@aol.com. His new book, Swamp Wars: Donald Trump and The New American Populism vs. The Old Order, is now out from Bombardier Books.
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