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Former Gorsuch Law Clerk Torches Legal Argument Behind FBI's Mar-a-Lago Ransacking

AP Photo/Andrew Harnik

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. 


As Spencer reported, “the raid documents also reveal that nearly one dozen sets of documents considered classified were removed …listed documents labeled as ‘Info re: President of France’ and the executive document granting clemency to Roger Stone were among items seized.”

 He added, “also on the property receipt are entries for ‘Potential Presidential Record,’ ‘Binder of photos,’ and ‘Handwritten note.’”

So, classified documents were reportedly removed, which means the liberal media, Democrats, and their favorite pal, Liz Cheney, will be doing cartwheels soon. Yet, this isn’t the win the Left thinks it is for a few reasons. Trump had declassified the items already in his home, and the president is the ultimate authority on such materials and is not subject to the classification statutes and regulations (via NBC News):

Allies of former President Donald Trump say that any sensitive White House documents he brought with him to his Mar-a-Lago estate had been declassified, but some legal and presidential record experts are skeptical of that claim — and say that Trump could be in criminal jeopardy regardless.

While the Justice Department has a long history of prosecuting cases involving the mishandling of classified information, no such case has ever been brought against a former president — the one government official who can declassify information at will.


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.  


The core reasons for this raid are on shakier legal grounds than the Roe opinion, but it will set off another round of liberal gymnastics that will attempt to manufacture some fake charge for which Trump can be indicted and hopefully barred from running again, even if they’re ramblings from fantasyland.  

So, with all that noise muffled by facts and legal precedent, who’s ready for Trump 2024?


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