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"An unprecedented step, no president has ever done it": the night raid on Trump's mansion - voila! news

2022-08-09T12:44:20.507Z


No president in the history of the United States - and especially one who is considering running for another term - has faced such an action by law enforcement authorities. Now questions arise such as, what is the risk taken by the US Department of Justice in executing the search and will a former president face a criminal trial for violating federal law


"An unprecedented step, no president has done this": the night raid on Trump's mansion

No president in the history of the United States - and especially one who is considering running for another term - has faced such an action by law enforcement authorities. Now questions arise such as, what is the risk taken by the US Department of Justice in executing the search and will a former president face a criminal trial for violating federal law

Tali Goldstein

09/08/2022

Tuesday, August 9, 2022, 2:00 p.m. Updated: 3:21 p.m.

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On video: The FBI raided the home of former President Donald Trump in Florida (Reuters)

The United States Federal Bureau of Investigation, the FBI, yesterday (Monday) issued a search warrant at former President Donald Trump's estate in Florida, Mar a Lago, as part of an investigation into the improper handling of White House documents, including confidential materials.

The raid, which according to a source close to the matter, lasted "hours", ended with the confiscation of paper documents.

The raid on the home of a former president is a historic step by the US Department of Justice and the FBI.

No president in the history of the United States - and especially one who is considering running for another term - has had to deal with such an action by law enforcement authorities, which has led to great outrage among his supporters and calls for the abolition of federal law enforcement agencies.



In February, the United States National Archives confirmed that it was looking for 15 boxes of documents at Mar a Lago, which the former president apparently removed from the White House in violation of the "Presidential Records Act" that requires the return of presidential documents to the archives at the end of his term. Including boxes on which was written "confidential information regarding national security".

The Archives confirmed at the time that it had contacted the Justice Department and Trump's staff about returning the missing presidential documents.

The archive added that it is also trying to return messages that were passed on social media, and that it has evidence that Trump tore up and destroyed some of the documents and that some of them were completely destroyed.

The raid was carried out after a federal judge signed a search warrant based on evidence of a possible crime.



Not much is known about the raid - or the Justice Department's next steps.

Many questions arose after the judgment, for example, whether federal charges should be expected and whether the office will ultimately decide to file an indictment against Trump.

It's also unclear how the search relates to the broader investigation into Trump.

Even President Joe Biden didn't get an update on the hack ahead of time.

However, there is no doubt that this step is of historical and political importance.

Law enforcement operates under federal laws that address the actions authorities can take to justify a search of private property.

The Ministry of Justice has its own regulations in addition to these laws, regarding the treatment given to politicians that may influence elections.

What is certain is that the decision was not made lightly and recklessly.

What is now at stake is the fact that at this point, there is a possibility that a former president could face a criminal trial.

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Trump, who responded to the search with an angry speech on his social network, claimed that there was no difference between it and what happened in the Watergate affair.

However, it is not accurate.

The break-in at the Democratic Party headquarters in the Watergate buildings in Washington, DC was actually an illegal robbery carried out by five people who were connected to then-President Richard Nixon and his campaign for a second term.

On the other hand, when the FBI issues a search warrant or obtains a search warrant from the Department of Justice, it must comply with a long list of requirements written in the Constitution itself.



According to the Fourth Amendment to the United States Constitution, which protects against arbitrary search, entry, or seizure by the government based on the fact that every person has a right to privacy in his person and property.

According to the amendment, a physical search or a search of a person's home and property will be permitted by court order, based on a statement from the applicant for the order, with the exception of a number of specified situations in which a search can be carried out without a warrant, for example, when a police officer arrests a suspect, he may perform a physical examination, or when there is Reasonable fear that the suspect is about to destroy evidence - his house can be broken into to prevent the action.

This means that federal agents cannot simply search a person's home based on a feeling, personal vendetta, and so on.



Under the Fourth Amendment, federal agents have to describe the place they want to search and the "persons or things they want to seize" before a warrant is issued.

Therefore, the agents who searched Trump's house likely had a clear idea of ​​what they were looking for and solid probable cause to believe that Mar a Lago was the right place to search.

In addition, the signatory to the order is a federal judge who in theory is supposed to be neutral and objective.

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The FBI raid on the home of former US President Donald Trump in Florida, August 9, 2022 (Photo: Reuters)

If the reports that the raid targeted classified documents are indeed accurate, there is now the possibility that Trump violated a federal law that applies to anyone who "willfully and unlawfully conceals, destroys, destroys or attempts to do so, or attempts to remove" certain federal documents.

If Trump is convicted of such an offense, he may receive a fine and a sentence of up to three years in prison.



There is a possibility that Trump could be charged with violating other criminal counts for his attempts to overturn the results of the 2020 election and his incitement on January 6, 2021 that led to the storming of Capitol Hill.

However, it is not clear if this is the evidence the FBI was looking for.

If he is convicted of attempting to disrupt the proceedings of Congress or conspiring to defraud the United States, he faces up to 20 years in prison in the first case, or five years in prison in the second case.

FBI agents' raid on Trump's vacation home.

Courtesy of Reuters (Reuters)

Another issue that arises as a result of the search is the question of Trump's running in the 2024 elections.

Although he has not yet officially announced it, according to a source who spoke to the NBC network, yesterday's search of Trump's mansion is expected to strengthen his determination to enter the race.

"If he didn't intend to run before, he certainly intends to do so now," said the source close to the former president.

"He got angry at what was done to him. One way to stop it is to control the government again," he added.



Additionally, if Trump is re-elected president, he will be protected from prosecution due to the fact that the Justice Department has never charged a sitting president with a crime.

He will also have the power to hire or fire FBI agents and Justice Department officials.

According to the source, Trump is certainly aware of this.



Traditionally, a person charged with a crime or convicted of a crime can run for federal office.

However, Democratic attorney Mark Elias told Vox that anyone who violates the law regarding the handling of federal documents could be found "unfit to hold government office."

Mar-a-Lago estate in Florida (Photo: Reuters, Reuters)

The Ministry of Justice is extremely cautious about taking any action that could affect the results of an election.

The ministry even has a law according to which, "During the 60 days before an election, the balance should be against indictments of people running for public office, as well as against disclosure of investigations."



The reason is that it is impossible to reach a ruling before the elections, so the public has no way of knowing if the accusations against a political candidate were true before they vote.

Although Trump is not currently a candidate, a search of his home could influence voters who are still debating whether to bid for the Republican Party.



Another danger is that the Republican Party will invest all its resources in undermining the credibility of the Justice Department and the FBI.

If they win the election in 2024 and control the Justice Department, there is also the possibility that they will try to use the search as justification for using the law to hurt senior Democrats.



One way or another, it is clear that the Ministry of Justice fully understood the risk inherent in authorizing a raid on the home of a former president and it is unlikely that it would have done so if it had not been extremely convinced that this step would reveal evidence that would justify the risk.

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Source: walla

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