Attorney and former Constitutional Law Clerk for Justice Gorsuch, Mike Davis, details the three reasons why the raid on Mar-a-Lago was unprecedented, not necessary, and not lawful.
Davis shared on FOX News today:
Yeah, so this affidavit, heavily redacted affidavit, it further evidences that this home raid on President Trump was unprecedented, it was unnecessary, and it was unlawful.
Again, what I have been saying since August 8th, the President has the absolute Constitutional authority to declassify anything he wants for any reason he wants and he doesn’t have to get permission from any bureaucrat at the National Archives to do that…so there goes the underlying potential charge for espionage that was in this warrant.
The second point, the President has the sole statutory authority to make the determination whether a record is a personal record that belongs to him or a Presidential record that goes to the bureaucrats at the National Archives and almost certainly gets sent back to the President.
So what is left? They’re looking at obstruction. Well it is legally impossible for a former President to obstruct investigations into non-crimes. But the Justice Department did not have the power to even look at these crimes because it doesn’t matter what the affidavit discloses in the affidavit, no matter what that shows, as a matter of law it is legally impossible for President Trump to have committed espionage or have violated some Presidential records act.
The Presidential records act actually contemplates that Presidents have classified records. There are no allegations that any of these records got into the wrong hands, unlike Hillary Clinton’s home server where she had foreign governments hack the most highly classified secrets in our government and she didn’t get an FBI to raid so what was so urgent that caused the Biden Justice Department to go get these records?
And I think it’s because President Trump declassified and made personal his copy of the Crossfire Hurricane records, the Russian collusion records, and the Biden Justice Department never made them public because they are so damning on Obama, Hillary, Clinton, the FBI and the Intel community.
