Mike Davis, a former law clerk for Supreme Court Justice Neil Gorsuch, should be one of your go-to legal sources to sift through all the nonsense being spewed about the smoking gun classified documents the FBI seized from Mar-a-Lago on August 8. We’ve cited his legal commentaries here in previous posts. The latest updates dropped early this morning, with Justice Department declaring that Trump’s special master motion should be denied because anyone else analyzing the documents could constitute a national security risk. A judge last weekend issued her preliminary intent to appoint a special master, which the DOJ countered by saying they had already reviewed the documents—materials so sacred and top secret they threw them on the floor and took a photo. Spencer wrote about that this morning. You can see the filings, one of which is clippings of Time Magazine covers. Where are the nuclear secrets hidden on-site, one of the reasons reportedly offered to justify the raid on Trump’s home?
The "Top Secret" Mar-a-Lago documents were so secret and Earth-shatteringly important that the FBI agents dumped them on the floor and took pictures of them for their Blue Anon friends in the media. pic.twitter.com/VD8XFB9fEA
— Greg Price (@greg_price11) August 31, 2022
As noted, the media is trying to make this a ‘Trump is like Hillary’ regarding handling classified materials, which is simply false. Based on legal precedent and the powers of the office of the presidency, the federal ransacking, as Spencer noted, looks even worse. We all knew the liberal media was excruciatingly ignorant of the Second Amendment and firearm lexicon. It’s now leeched into executive powers, which isn’t shocking. Davis once again took to Twitter to gut the legal basis for the raid while also torching the Biden Justice Department for their fundamental misunderstanding of the law concerning the president’s powers in handing classified materials. It’s another headshot to the narrative that this raid was about legal documents.
Davis notes how Congress expects former presidents to possess classified materials. The Presidential Records Act, which isn’t a criminal statute, doesn’t differentiate between classified and unclassified, and ex-presidents have staff with security clearances, secure offices, and Secret Service protection. There was no danger of whatever the FBI alleges was at Mar-a-Lago falling into unsavory hands. Davis again reiterates that Trump declassified the documents in question, kept copies, and was under Secret Service protection.
Biden DOJ has a fundamental misunderstanding of the law.
— ???? Mike Davis ???? (@mrddmia) August 31, 2022
The President has the power to declassify records and take personal copies when he leaves office.
Commander-in-Chief Clause trumps Espionage Act.
Presidential Records Act trumps general statutes on government property.
Congress expects former Presidents to have classified and other presidential records.
— ???? Mike Davis ???? (@mrddmia) August 31, 2022
Presidential Records Act doesn't differentiate between classified and unclassified.
They get federally funded staff, security clearances, secure offices (SCIFs), and Secret Service Protection.
The law treats Presidents differently than everyone else.
— ???? Mike Davis ???? (@mrddmia) August 31, 2022
Period.
Guess who wasn't--and never will be--President?@HillaryClinton.
So why wasn't she charged with espionage, destruction of gov't property, and obstruction after she destroyed her illegal home server and phones?
Publicly, the Biden Justice Department pretend their unprecedented, unnecessary, and unlawful home raid on President Trump was to get back classified records and government property.
— ???? Mike Davis ???? (@mrddmia) August 31, 2022
He declassified them.
He kept a personal copy.
They were guarded by the Secret Service.
If Trump's records were in such danger of getting into the wrong hands, why did:
— ???? Mike Davis ???? (@mrddmia) August 31, 2022
- Biden wait 18 months to get them?
- Garland deliberate "for weeks" before ordering raid?
- He wait 3 days to execute warrant--after judge-shopping & obtaining warrant from clearly biased judge?
Why has Biden administration been leaking and lying, including illegally from grand jury, throughout this case?
— ???? Mike Davis ???? (@mrddmia) August 31, 2022
1. Garland didn't approve raid? Lie.
2. Trump had "nuclear documents"? Lie.
3. Biden wasn't involved in raid? Lie.
4. Redact--then selectively leak--affidavit.
The Biden raid on Trump was unprecedented, unnecessary, and unlawful.
— ???? Mike Davis ???? (@mrddmia) August 31, 2022
It was a political hit.
Trump had his personal copy of the declassified Crossfire Hurricane / Russian collusion records.
And they are very damning for Obama, Biden, Hillary, Susan Rice, Clapper, FBI, intel.
Biden DOJ judge-shopped "for weeks" for biased Magistrate Judge Bruce Reinhart--who just recused from Trump's lawsuit against Hillary on June 22.
— ???? Mike Davis ???? (@mrddmia) August 31, 2022
They redacted everything they could in affidavit, to cover tracks.
Now they oppose a special master--an independent check.
Coverup.
Yet, he also plays with the liberal arguments for raiding the home of a former president. If these documents were so crucial, why wait 18 months to retrieve them? Why did Garland dither for weeks before signing off on the search warrant, and why didn’t he consult with the DOJ’s Office of Legal Counsel before the planned federal treasure hunt at Mar-a-Lago? Davis added that the narrative of Biden not knowing about the raid, Garland not approving it, and Trump holding atomic secrets were all lies.
“It was a political hit. Trump had his personal copy of the declassified Crossfire Hurricane/Russian collusion records,” he wrote: “And they are very damning for Obama, Biden, Hillary, Susan Rice, Clapper, FBI, intel. [communities].”
The affidavit that provided probable cause was redacted to death to cover their tracks. The special master can’t look at the dinner menus because that would be a national security risk.
That’s a coverup, Davis added, part of the ever-growing reasoning to impeach Attorney General Merrick Garland and FBI Director Christopher Wray.
When you boil it all down, it’s the career bureaucrats and the political class still steaming over the fact that Trump won in 2016 and has these absolute powers of the presidency over state secrets. Powers and privileges that Hillary Clinton will never obtain ever.