Donald Trump is so outraged at the massive violation of his Fourth Amendment rights that he has issued a “big deal” to address this egregious abuse, brutal behavior, punitive acts, and all other bad words. Promise a “massive motion” quickly and shoot the gun. With this, he may break the record of “not delivering”.
Governments use warrants to collect evidence in most criminal cases. That’s how government is designed. The Fourth Amendment protects us from “wrongful searches and seizures.” The judge decides whether the prosecutor’s facts and grounds are reasonable or unreasonable. But given that law enforcement is the key to an orderly society, prosecutors have been very good at obtaining these warrants for hundreds of years.
When an experienced prosecutor works with good and honest police officers (and most police officers), it’s harder to screw up warrant affidavits than to do it competently. , can be done at 2am if dragged out of bed, but this happens occasionally. Unfortunately for Donald Trump, the warrant affidavit was not put together by the new prosecutor at 2am. The affidavit for this warrant was put together piecemeal over a month, based on some of the best available FBI agents, and then drafted by some of the government’s top federal prosecutors. , was checked by former prosecutor Merrick Garland himself. Former Chief Appellate Judge of the DC Circuit Court. If there was ever a more perfectly crafted affidavit to get you through the rigorous ordeal, this is definitely it. A federal magistrate, who apparently knew he had the most important affidavit in history, decided yes. his life.
nevertheless, here is trump – Always brimming with confidence and rage, he believes he can use his political power to win this case in the media. Hmm (and that would require a war), but I’m not going to help him in court or with upcoming filings:
A major Fourth Amendment motion will soon be filed on the trespassing of my home, Mar-a-Lago, just before the all-important midterm elections.My rights, along with the rights of all Americans, have been violated on a level rarely seen in our country. Remember, they were spying on my campaign. The biggest witch hunt in U.S. history has been going on for his six years, but nothing comes of it for the crook. Don’t let it continue!
George Floyd, not Donald Trump, has been violated on a rarely seen level. I’m just saying ‘.
The fact that the FBI had a warrant means the “break-in” wasn’t a “break-in.” It was a search, and the fact that the FBI had a warrant means it wasn’t “illegal.”this can It may turn out to be “unconstitutional” (very, very unlikely), but it will never be “illegal”.
There are only two things Trump can turn in in response to the search. If Trump does file a “motion,” he must file a “motion” in the criminal case against him. Unfortunately for Trump, no one usually files a motion to revoke a warrant until they are indicted for a crime. Until then, there is no evidence to invalidate under the search warrant. If charges were filed, he would certainly file a motion to dismiss them on the basis of the search problem. I’m really good at it. This guy survives. The FBI found the documents they said they would find. They had very good and substantiated reasons to know they were there. Regardless, even if Trump’s “major motion” is filed, it will be a long way off.
Another thing Trump can do is file a lawsuit against agents and the FBI under the Federal Tort Claims Act and the so-called “Vivens” lawsuit. Unfortunately for Trump, only the mighty SCOTUS that Trump largely put together ruled (In June,) all of which are almost impossible to win. For those interested in how hard it is and how hard it is for Trump, this is taken from the linked case:
But that has nothing to do with the related point: allow
Lawsuits Against Border Patrol Officers have national security concerns
That withholds Bivens relief. In addition, the Court of Appeals analysis
It shows the pitfalls of applying special factor analysis at too granular a level. Courts should not investigate whether Bivens’ relief is appropriate in light of the balance of circumstances in the “particular case.”
US v. Stanley, 483 US 669, 683. should rather ask
“[m]Whether there is any reason to think it is broadly ‘judicial’.
Intrusions into certain fields can be ‘harmful’ or “Inappropriate” Same as above
very hard to win bivens But given that there is no way to win a case if the government can implicate “national security concerns,” the FBI walked out with f’ing related to classified/SCI documents. seems like a fact. nuclear weapons (!!!!), Trump isn’t just completely – literally – primed to lose. He may lose more than anyone who loses in federal tort lawsuits. Hey, Trump always wants to be the best. If submitted…
No, Trump tweeted for one reason (not “truth”). To shout and threaten. He does this because the only way Trump can win is the same way he always wins. He makes it politically impossible to hold him accountable, so nobody does it.
Unfortunately for Trump, the government now has to indict him and indeed it is time to hold him accountable. As another article on this site explains, “Don’t indict Trump” has never worked. It’s worth trying another tactic. if they don’t? They can also cede the country. To the MAGA forces, including nuclear weapons.
In the meantime, let him file whatever he wants. However, lawyers signing anything are best to remember rule 11. This is a completely different post.
@JasonMiciak believes that a day without learning is a day without life. He is a political writer, featuring writers, writers and lawyers. A Canadian-born dual citizen, he spent his teens and his college years in the Pacific Northwest and has lived in seven states since. He now enjoys life as a father to young girls while writing from a Gulf beach. He loves making flowerpots, cooking, and is currently researching the science, religion, and philosophy of non-mathematical principles behind quantum mechanics and cosmology. Please feel free to contact us with any questions or requests for lectures.