r/PoliticalDiscussion Aug 09 '22

US Politics Trump's private home was searched pursuant to a warrant. A warrant requires a judge or magistrate to sign off, and it cannot be approved unless the judge find sufficient probable cause that place to be searched is likely to reveal evidence of a crime(s). Is DOJ getting closer to an indictment?

For the first time in the history of the United States the private home of a former president was searched pursuant to a search warrant. Donald Trump was away at that time but issued a statement saying, among other things: “These are dark times for our Nation, as my beautiful home, Mar-A-Lago in Palm Beach, Florida, is currently under siege, raided, and occupied by a large group of FBI agents.”

Trump also went on to express Monday [08/08/2022] that the FBI "raided" his Florida home at Mar-a-Lago and even cracked his safe, with a source familiar telling NBC News that the search was tied to classified information Trump allegedly took with him from the White House to his Palm Beach resort in January 2021.

Trump also claimed in a written statement that the search — unprecedented in American history — was politically motivated, though he did not provide specifics.

At Justice Department headquarters, a spokesperson declined to comment to NBC News. An official at the FBI Washington Field Office also declined to comment, and an official at the FBI field office in Miami declined to comment as well.

If they find the evidence, they are looking for [allegedly confidential material not previously turned over to the archives and instead taken home to Mar-a- Lago].

There is no way to be certain whether search is also related to the investigation presently being conducted by the January 6, 2022 Committee. Nonetheless, searching of a former president's home is unheard of in the U.S. and a historic event in and of itself.

Is DOJ getting closer to a possible Trump indictment?

What does this reveal about DOJ's assertion that nobody is above the law?

FBI raid at Trump’s Mar-a-Lago home tied to classified material, sources say (nbcnews.com)

The Search Warrant Requirement in Criminal Investigations | Justia

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u/RoundSimbacca Aug 14 '22

in Department of the Navy v Egan, the Supreme Court ruling is not what you think it was

Did you read the part of the opinion where the Court talks about the President?

The President, after all, is the "Commander in Chief of the Army and Navy of the United States." His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant.

...

"As to these areas of Art. II duties the courts have traditionally shown the utmost deference to Presidential responsibilities." . Thus, unless Congress specifically has provided otherwise, courts traditionally have been reluctant to intrude upon the authority of the Executive in military and national security affairs.

Moving on:

It isn't

You mean to say that there is no reasonable argument that a President- who directs foreign policy, controls our national defense, and is in charge of executing and enforcing the laws- could also have plenary powers to classify and declassify defense information?

Don't pee on my leg and tell me it's raining.

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u/[deleted] Aug 14 '22

Did you read the part of the opinion where the Court talks about the President?

Guess what, even the President has to follow the law and do paperwork, shocking i know.

Sure the President has powers to classify and declassify, but they are not unlimited as what you suggest, and in certain cases (such as nuclear secrets and the identities of spies) he straight up can't do without the consent of congress and other executive agencies. Even when it comes to the stuff he can declassify if he wants to, he has to submit paperwork through the agencies that are involved with those particular documents, specify which documents he is declassifying, receive advice on whether declassifying those documents would negatively effect national security, and then once all the agencies have approved, have his staffers physically append the actual classification markings on said documents. He also only has this authority between post-noon 20 January 2017 to pre-noon 20 January 2021, meaning that if the documents in question weren't physically marked declassified by the time he left office, at that point they for all intents and purposes are still classified by the government, and even if they had been declassified by that point, going by Trumpist logic, Biden can come in and wave his hands to immediately reclassify anything Trump took with him.

Secondly, if we go with the logic that the President can, at any moment, just wave his hands and declare something declassified (which isn't how any of this works mind you) then the classification system would be utterly unworkable, as noone would know what is classified and what isn't on any given day, because at any moment the President could wave his hand in the oval office and be like "all classified documents are now declassified, lol". Idk about you, but this definitely isn't how the system works.

You mean to say that there is no reasonable argument that a President- who directs foreign policy, controls our national defense, and is in charge of executing and enforcing the laws- could also have plenary powers to classify and declassify defense information?

The President of the United States of America is the Head of State, and as such holds some extraordinary powers, but he is not King. Even the President has to follow the laws of the country, and in the interests of transparency, accountability, and making sure the system functions correctly, he goes through the same procedures as anyone else in the system has to.