The unelected operatives at President Joe Biden’s Department of Justice don’t seem to like the idea of impartial oversight. During the unprecedented FBI raid on former President Donald Trump’s Mar-a-Lago clubhouse in Florida, the FBI secured a series of supposedly classified documents.
Trump’s team claims the documents were declassified. Additionally, a motion filed by Trump’s attorneys on Aug. 22 argued that the DOJ could not be trusted, arguing that, because of this, an impartial “Special Master” needed to be appointed to look over the documents “to preserve the sanctity of executive communications and other privileged materials.”
After Judge Aileen Cannon granted Trump’s request, authorizing the appointment of a special master, the DOJ filed for the motion to be “partially stayed,” arguing that the appointment of an impartial third party would cause “irreparable harm” to both the government and the public. Apparently, giving Trump a fair shake is harmful to the American people.
The ridiculous implications of the DOJ’s argument weren’t lost on the Trump team.
According to a countermotion filed by Trump’s team, such risks to the public and government are greatly exaggerated. In fact, the one party actually at risk of facing “irreparable harm” in this case is Trump himself if a special master is not appointed.
If not reviewed by a neutral third party, potentially sensitive information could be used by the government to harm Trump, the motion claimed.
“Irreparable injury could most certainly occur if the Government were permitted to improperly use the documents seized,” the motion read.
But the real killing blow was delivered when Trump’s lawyers pointed out how the DOJ is misinterpreting the Presidential Records Act. In essence, Trump always had a right to hold onto the Mar-a-Lago documents Not only does this fact render the DOJ raid and subsequent investigation unnecessary, but it also suggests those moves were a huge abuse of power.
No wonder they’re hoping to avoid facing a neutral third party.
“The [Presidential Records Act] accords any President extraordinary discretion to categorize all his or her records as either Presidential or personal records, and established case law provides for very limited judicial oversight over such categorization. The PRA further contains no provision authorizing or allowing for any criminal enforcement,” Trump’s motion read.
“What is clear regarding all of the seized materials is that they belong with either President Trump (as his personal property to be returned pursuant to Rule 41(g)) or with NARA, but not with the Department of Justice.”
Multiple experts believe this latest motion completely eradicates the DOJ argument.
According to The Federalist’s senior legal correspondent Margot Cleveland, since the records were likely all “Presidential or personal,” Trump committed no crime.
8/ And the convenience copies for Trump are not Presidential, so they are “personal” whether marked classified or not. Is that nuts? Maybe, but that seems to be the law and since the law re classified documents does not apply to President, as Trump’s lawyers pointed out,
— Margot Cleveland (@ProfMJCleveland) September 12, 2022
9/9 there was no crime, so they had to create one. (And this discussion assumes some were still classified).
— Margot Cleveland (@ProfMJCleveland) September 12, 2022
“[T]here was no crime, so they had to create one,” Cleveland tweeted.
Mike Davis, the former Chief Counsel for Nominations to Senate Judiciary Chairman Chuck Grassley, agreed.
The Presidential Records Act is very clear, as Trump’s legal team points out:
“[T]he Presidential records of a former President shall be available to such former President or the former President’s designated representative.”
44 U.S.C. § 2205(3).
Including classified records. pic.twitter.com/6y0333jmsi
— Mike Davis (@mrddmia) September 12, 2022
The Trump legal team puts the dagger through the heart of the Biden DOJ’s bogus, political charade.
Bottom Line:
President Trump had the absolute constitutional and statutory right to take and maintain all of his records at Mar-A-Lago, classified or declassified.
Another hoax. pic.twitter.com/W4NvXJGYUf
— Mike Davis (@mrddmia) September 12, 2022
“Trump clearly has the winning legal arguments. This is going to backfire–badly–on Biden,” Davis tweeted. “The Presidential Records Act is very clear, as Trump’s legal team points out: ‘[T]he Presidential records of a former President shall be available to such former President or the former President’s designated representative.’”
“The Trump legal team puts the dagger through the heart of the Biden DOJ’s bogus, political charade. Bottom Line: President Trump had the absolute constitutional and statutory right to take and maintain all of his records at Mar-A-Lago, classified or declassified.
Another hoax.”
This article appeared originally on The Western Journal.
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