(Gateway Pundit) The unelected operatives at President Joe Biden’s Department of Justice don’t seem to like the idea of impartial oversight.
During the unprecedented FBI raid on former President Donald Trump’s Mar-a-Lago clubhouse in Florida, the FBI secured a series of supposedly classified documents.
Trump’s team said the documents were declassified. Additionally, a motion filed by Trump’s attorneys on Aug. 22 argued that the DOJ could not be trusted, arguing that, because of this, an impartial “special master” needed to be appointed to look over the documents “to preserve the sanctity of executive communications and other privileged materials.”
After Judge Aileen Cannon granted Trump’s request, authorizing the appointment of a special master, the DOJ filed for the motion to be “partially stayed,” arguing that the appointment of an impartial third party would cause “irreparable harm” to both the government and the public.
Apparently, giving Trump a fair shake is harmful to the American people.
The ridiculous implications of the DOJ’s argument weren’t lost on the Trump team.
According to a countermotion filed by Trump’s team, such risks to the public and government were greatly exaggerated. In fact, the one party actually at risk of facing “irreparable harm” in this case was Trump himself if a special master were not appointed.
If not reviewed by a neutral third party, potentially sensitive information could be used by the government to harm Trump, the motion claimed.
“Irreparable injury could most certainly occur if the Government were permitted to improperly use the documents seized,” the motion read.
But the real killing blow was delivered when Trump’s lawyers pointed out how the DOJ had misinterpreted the Presidential Records Act.
In essence, Trump always had a right to hold onto the Mar-a-Lago documents. Not only does this fact render the DOJ raid and subsequent investigation unnecessary, but it also suggests those moves were a huge abuse of power.
No wonder they’re hoping to avoid facing a neutral third party.
“The [Presidential Records Act] accords any President extraordinary discretion to categorize all his or her records as either Presidential or personal records, and established case law provides for very limited judicial oversight over such categorization. The PRA further contains no provision authorizing or allowing for any criminal enforcement,” Trump’s motion read.
“What is clear regarding all of the seized materials is that they belong with either President Trump (as his personal property to be returned pursuant to Rule 41(g)) or with NARA, but not with the Department of Justice.”
Multiple experts said this latest motion completely eradicated the DOJ argument.
According to The Federalist’s senior legal correspondent Margot Cleveland, since the records were likely all “Presidential or personal,” Trump committed no crime.
7/ The question I've said was key from day one was were these "copies"–they must have been unless they were Presidential or personal records. So, while at first I thought "umm, no, they could be federal records," is wrong: The question is are they Presidential or personal.
— Margot Cleveland (@ProfMJCleveland) September 12, 2022
