The warrant in this case was published—what was it like?
Read the full search warrant here. Well, as to the “premises to be searched,” they encompassed the former President’s office, “all storage rooms, and all other rooms or areas within the premises used or available to be used by FPOTUS and his staff and in which boxes or documents could be stored,
including all structures or buildings on the estate.” (emphasis supplied)
The “property to be seized,” apart from “all physical documents and records” constituting evidence or fruits of enumerated crimes, included,
inter alia, “any physical documents with classification markings,” information, “including communications in any form” regarding retrieval or storage of national defense information, “
any government and/or Presidential Records created between January 20, 2017, and January 20, 2021 [Trump’s entire term in office!]” (emphasis supplied), and any evidence of the knowing alteration, destruction, or concealment of documents.
Would Jonah call that a particular description of the place to be searched and the things to be seized? Did this warrant conform to the strictures of the Fourth Amendment? This was a general warrant, very nearly authorizing a search of someone’s entire dwelling and the carting off of any papers the law enforcement officers saw fit to take. It is something that no American judge should ever have signed.
The second criterion of lawfulness is the veracity and sufficiency of the affidavit that the Justice Department submitted to the court in its application for a warrant. It goes a bit far to say that the affidavit has now been published (since Jonah’s piece). The principal author of what was released appears to be the redaction function in the Justice Department’s computer. It is impossible to judge the veracity of the affidavit (occasionally a problem in such submissions during the Trump years). As the Wall Street Journal observes, however (
The Mar-a-Lago Affidavit: Is That All There Is?), what remains visible in the affidavit gives no indication that any grave matter of national security justified this extraordinary action against a former president.
Finally, there is the point of substantive law illuminated by David Rivkin and Lee Casey, former Justice Department and White House Counsel’s office attorneys, in the
Wall Street Journal (
WSJ Op-ed: 'No Legal Basis' for Mar-a-Lago Search Warrant). The Presidential Records Act of 1978 gave the President a legal right to the papers seized. We have not the space here for further inquiry into the matter but suffice it to say that Jonah might wish to read a little more before pronouncing the search lawful.
It once again has become necessary that Mr. Jonah Goldberg, scholar, humorist, rationalist, and exemplar of moral consistency, bring to heel a rabidly partisan right-winger (Yearning for a Banana Republic). The burden is thrust upon him by...
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