Townhall - Tipsheet - Matt Vespa
Former Gorsuch Law Clerk Torches Legal Argument Behind FBI's Mar-a-Lago Ransacking
Matt Vespa | @mvespa1 | Posted: Aug 12, 2022 5:05 PM
The fallout from the Department of Justice’s raid on Trump’s Mar-a-Lago home continues as the search warrant was unsealed. The former president had the option to challenge it but chose not to, leading to why the DOJ decided it was necessary to conduct this nine-hour treasure hunt. The document was an avalanche of nonsense about obstruction of justice, a retread allegation from former attempts to indict Trump, and violations of the Espionage Act that Spencer wrote about today. Last night, we learned that one of the documents FBI agents were reportedly rummaging for related to classified nuclear secrets. The Justice Department’s crusade against this former president has overreach layered upon overreach, and this raid topped it off. The National Archives received 15 or so boxes in January containing items like cocktail napkins and dinner menus, which might have been the impetus for this more extensive operation on Monday. Yes, a cocktail napkin might have played a part in this fiasco.
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READ MORE: https://townhall.com/tipsheet/mattvespa/2022/08/12/former-gorsuch-law-clerk-blows-a-hole-through-legal-argument-for-fbis-mar-a-lago-n2611655
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Mike Davis, a former law clerk for Supreme Court Justice Neil Gorsuch, took an ax to the crux of the legal arguments justifying the raid. And this isn’t some new interpretation; the Supreme Court affirmed it in 1987. Davis listed numerous occasions where the president acted in this capacity regarding classified materials, some of which we even saw in real-time. Remember when Barack Obama told then-Russian President Dmitry Medvedev that he would have more flexibility to negotiate with Moscow after the 2012 election? That’s a classified conversation but not an Espionage Act violation because Obama was the president. He added that the federal government over-classifies everything. A lot of the hysteria is nothing new. It’s just that Trump won, and therefore, history began in 2017, according to most liberals in America. And sorry to burst another bubble, but Donald Trump can never be charged with mishandling classified information. I’m sure Liz Cheney and what’s left of her crew are upset about that too.
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Again, the classification statutes/regulations *do not apply* to the President of the United States.
He has the inherent constitutional power, as commander-in-chief, to classify and declassify anything he wants, in any manner he wants.
The Supreme Court reaffirmed this in 1987. https://t.co/bANCEhBTT1
— ???? Mike Davis ???? (@mrddmia) August 12, 2022
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In contrast, Hillary Clinton was never the President of the United States.
She didn't have the constitutional power to declassify records and keep them on her illegal home server.
She was bound by the Espionage Act and other statutes/regulations dealing with classified records.
— ???? Mike Davis ???? (@mrddmia) August 12, 2022
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As discussed, the Office of Former President Trump—like every other former president’s federal office—is equipped and secure enough to handle these declassified records.
This is a routine dispute with bureaucrats at the National Archives whether these are presidential records.
— ???? Mike Davis ???? (@mrddmia) August 11, 2022
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