Legal Twitter weighs in on Monday’s raid at the Mar-a-Lago manse of former President Donald Trump.
Agents are required to remove all binders of photos and documents with classification marks on them. The coup de grace also requires that they take away any containers/boxes with such markings as well as any other containers/boxes in which the documents are found.
This warrant covers all documents Trump may have touched between his first and last days in office.
The beef started between Trump World and NARA, which is responsible for receiving documents from the president. Trump was already in negotiations with NARA to provide the documents. He had already turned over thousands, or even millions of pages of documents.
This isn’t about Trump and NARA; it’s about Merrick Garland and the DOJ putting together a story about Trump using NARA beef to conceal his true intentions.
Robert Barnes, Attorney, stated that the warrant was so broad it is in violation of the Constitution. He stated, “The #TrumpWarrant violated overbreadth doctrine under the 4th Amendment requirement for particularity.”
Garland appears to be claiming that Trump’s possession or use of classified material is “espionage” as per federal law.
Orin Kerr, a University of California Berkeley professor, says that it is not spying in the James Bond sense. He also cautioned reporters not to make those claims.
Mike Davis, a Constitutional Attorney with the Article III Project, stated that the Supreme Court made clear in 1987 that the President, as Commander-in-Chief, has the constitutional power to classify or declassify.
Davis stated that this is a fight for separation of powers. Davis also noted that all Presidents keep records of their departures. And that they don’t take their own boxes.