Under the 4th Amendment, people are protected from unreasonable searches and seizures by the government. It should be noted, however, that the Fourth Amendment does not prohibit all searches or seizures, only those deemed unreasonable by the law. According to the Department of Justice, Trump’s search was justified by possible Espionage Act violations. Now a new report alleges that the Department of Justice (DOJ) took materials from former President Donald Trump’s Mar-a-Lago home that contained privileged attorney-client communications. The 6th Amendment protects attorney-client information, making the material seized potentially unusable because it would have been obtained illegally under the 4th Amendment.
Fox News reports that the claim raises new questions about the DOJ’s tactics and doubts about whether the DOJ could hypothetically use any of the seized materials to prosecute the former president.
DOJ opposes the appointment of a “special master,” a judicial official who would conduct an independent review and decide which materials can be handed over to the government and which must be returned to Trump.
During its raid on former President Trump’s Mar-a-Lago home, the FBI seized boxes containing documents covered by attorney-client privilege and possibly executive privilege. The Justice Department opposed Trump’s lawyers’ request to appoint an independent special master to review the records.
The former president’s team was informed Saturday by sources familiar with the investigation that the FBI’s property receipt contained information covered by attorney-client privilege in boxes labeled A-14, A-26, A-43, A-13, A-33, and a set of documents.
During its unprecedented Monday morning raid on Trump’s Palm Beach home, the FBI seized classified records, including some with top secret designations. Nevertheless, the former president claims that the documents are no longer classified.
The attorney-client privilege is protected under the right to counsel, guaranteed by the Sixth Amendment to the U.S. Constitution. This Amendment protects almost any communication between a client and their lawyer.
Only two exceptions apply to this rule: when a client communicates the intent to commit a future crime or when the attorney is a co-conspirator in a criminal or fraudulent scheme. The privilege still applies to confessions of past crimes.
The FBI seized materials from former Trump attorney Michael Cohen’s apartment and office in 2018 and raised similar questions about attorney-client privilege. According to a special master, two-thirds of the materials related to Cohen’s and Trump’s communications qualified as attorney-client and could not be used by the DOJ.
Given the broad scope of the search warrant, Jonathan Turley wrote that it seemed reasonable to call for a special master after the Mar-a-Lago raid. In light of the warrant’s sweeping language, he stated that a special master would seem appropriate, noting that it is hard to imagine what material could not be gathered.
It has been suggested that the raid for presidential documents allegedly retained by Trump was intended to find files related to the Capitol riot on January 6, for which Democrats want Trump prosecuted.
WHAT RIOT. The people want an answer to the shit show provided by nun other then the dem’s. When are they going to cuff Hunter and the old man ( The Big Guy)? Once again we have a group of pussies with no balls. Can’t wait till November to see those boneheads take the walk of shame.
To me, the FBI raid on Trump’s home was a violation of the law. It was a witch hunt, an effort to gather any and all information that would hinder Trump’s running for President again, in addition to taking material deemed privileged attorney-client information, which is Constitutionally protected from seizure. As such, none of it ought to be able to be used to prosecute President Trump. IF it is usable, then Horrible Hillary needs to be arrested and prosecuted as well as President Obama, for they also kept information they should not have kept. Hillary kept top secret files on her computer server that, from what I understand, Russia has already said they had access to that computer server.
After the 22 election they could appoint Trump as Speaker of the house. If they do convict Trump and put him in jail, he will be the first jailbird (Eagle), to be elected as President. The first thing he would do is to pardon himself. Then the turn around would start.
It’s all a bid to keep President Trump from running again in 2024. Democrats are also trying to turn the tides for the midterm elections because they don’t want to lose any seats. They think they can turn the American people against Trump and his endorsements. They’re just plain scared of him and what he could do if elected again. Some may even find themselves doing prison sentences.
Just another demwit witch hunt that is going to waste more tax payers which is why the republicans need to take back the House and Senate
The sh*t that they just pulled on president Trump is an outrage. Whoever was part of this sh*t and signed off on it should loose they’re jobs and also be prosecuted. The judge that signed on this and the head of the DOJ need to be the first. Then the fn Democrats need to be severely punished.
Whoever is involved in this sh*t needs to be dealt with. This whole thing is dirty politics that the liberal communist democrats are doing . This is America. If they want to do sh*t like what they just did to Trump, They need to go live in a communist country, NOT America. That was disgusting.