EQUAL JUSTICE UNDER THE LAW
Or…
Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists...it is fundamental that justice should be the same, in substance and availability, without regard to economic status.
Lewis F. Powell, Jr.
Like him or hate him, former President Trump’s rights were violated in the recent FBI raid. Many Presidents have been ordered to deliver papers after they leave office—the process of vacating the White House often leads to missteps when it comes to what is personal, what is suitable for a Presidential Library and what needs to be retained by the government. However, in this instance, the proper process (the one used in all other cases) was not followed.
The Normal Process
In most cases, the first step is a request for documents. If the individual has concerns, a subpoena might be required, but in that case, there is discussion determining what should be returned and what is actually not classified. There is some back and forth before the matter is settled or it goes to court. “You don’t just grab the material,” said Alan Dershowitz. As an example, it took two years for the National Archives and Records Administration to get all the documents they needed from former President Obama.
The search for emails on Hillary Clinton’s server was also conducted according to the law, though they allowed her to delete over 30,000 emails on her say-so, which made it impossible to know how badly she had exposed the many government secrets she was privy to.
It’s interesting that we seem to have laws that are elastic enough to be interpreted one way for one party and another way for the other. Donald Trump’s anger at the invasion and the criticism from various sources is valid. This is not equal justice under the law. It was a witch hunt.
The Law
We have a fourth Amendment to the Constitution for a reason. Throughout history, the invasion of people’s homes has allowed tyrannical governments to chip away at all rights and freedoms of their people.
In addition, there are strict requirements for a search warrant. The following is the rule:
”The Fourth Amendment itself identifies the criteria for obtaining a lawful search warrant. A police officer, or other official seeking a warrant, must establish probable cause to the satisfaction of a judge, must make an oath or affirmation” as to the truth of the matters supporting probable cause, and must “particularly describe the place to be searched, and the persons or things to be seized.” A search warrant is invalid if it covers too broad an area or does not identify specific items or persons.”
If the warrant was valid, why is Merrick Garland hiding it? What arguments were presented to the judge? The FBI claims that it was entitled to basically search and seize anything from anywhere on the property that Donald Trump had access to, which doesn’t sound like it was limited at all.
The Politicization of the Process
Unlike some, I’m not in favor of abolishing the FBI, but clearly, over the years, the agency has seized many powers that it isn’t entitled to. (We might also look at the CIA, as accusations of actions within the US have been levied without substantial proof that the CIA stayed within its lawful boundaries.)
Although the DOJ reports to the President, the President should not be allowed to use these agencies as a weapon against people/parties he dislikes. Since the beginning of Trump’s candidacy, through his Presidency and after, Democrat leaders have used the powers of these agencies to harass Trump and poison the waters around him, while exempting themselves from scrutiny. The Russia hoax, clearly proven to be BS, was just the beginning. The Democrats sought to ensure that Trump would fail; his many successes in his one term enraged them.
I’m hoping this is the final shot across the bow, but I doubt it. And while it might seem that this is about one man and his legacy, remember that once a government agency seizes power, it never relinquishes it. People’s homes have been destroyed and some have been killed in searches. Will you be next?
