Affidavit Supporting Trump Raid Proves DOJ Has No Case.

Trump raid affidavit proves conclusively that Biden's DOJ either is lying about its reasons or attempting to circumvent the Constitution.

The affidavit supporting the recent raid of Trump’s Mar-a-Lago home has been released in severely redacted form and it proves that President Biden’s Department of Justice is engaged in another unconstitutional, inappropriate investigation.  You can read the heavily redacted document here.  According to the affidavit, the basis for the raid is an investigation of former President Trump for violating three statutes: 18 US §§ 793(e), 1519, or 2071.

As should be obvious to the Justice Department, a President legally is incapable of violating any of these statutes because he is the Chief Executive of the Executive Branch, a co-equal branch of the Federal Government.  These laws can and do apply to others, but not the President.  Until Biden’s unprecedented raid, the concept had not been challenged. 

Indeed, in 1988, in the case of the Department of the Navy versus Egan, the Supreme Court confirmed that the President has the power handle classified documents as he sees fit and possesses the power to declassify such documents in any manner as he so chooses.  As the Supreme Court explained, “[t]he president, after all, is the ‘Commander in Chief of the Army and Navy of the United States,’” and, thus, “[h]is authority to classify and control access to information bearing on national security . . .  flows primarily from this constitutional investment of power in the president, and exists quite apart from any explicit congressional grant.”  In other words, Article II of the Constitution grants the President powers that cannot be altered by Congress.

Biden’s Department of Justice undoubtedly knows of this controlling Supreme Court precedent.  In fact, as Exhibit 1 to the released affidavit demonstrates, one of Trump’s attorneys brought this law to the Department’s attention on May 25, 2022.  In that letter, Trump’s counsel explained that “[a]ny attempt to impose criminal liability on a President or former President that involves his actions with respect to documents marked classified would implicate grave constitutional separation-of-powers issues.”

Based on the above-referenced Supreme Court precedent, what the release of the affidavit has made plain is that the Department of Justice either is looking for documents relating to some other supposed crime and using the statutes cited as a pretense or attempting to chip away at the Constitution as it has it so many other ways.  At this juncture, we have no way or knowing which it is.  Since no President in modern history has attacked the unique American form of government so fervently than has Biden, it could easily be the latter.  If so, if Americans do not react forcefully in some manner, more of our Constitutional system will have been eroded, with almost no mechanism for repair.

As per usual, the MainStreamMedia is failing in its obligation to be a check on the government. Outlet after outlet so far has failed to explore the separation of power issues or even inform the public of them. You can find examples everywhere, but here are the AP and New York Times, neither of which treating critically the distinction between the President and an ordinary government employee or citizen. If this continues, then the Justice Department’s inappropriate actions may go unchecked. If they do, this will not be the last, but latest, assault on the Constitution and the Rule of Law by the current administration.

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