Judge blocks DOJ's unchecked review of records seized in Mar-a-Lago raid



On September 15, federal district Judge Aileen Cannon denied two requests that the Department of Justice made last Thursday: First, that the DOJ be allowed to resume reviewing allegedly classified records seized by the FBI in its August 8 raid of former President Donald Trump's Florida residence; and second, that no neutral third party be brought on to vet these same documents.

Cannon wrote: "The court does not find it appropriate to accept the government’s conclusions on these important and disputed issues without further review by a neutral third party in an expedited and orderly fashion."

She took issue with the DOJ's demand that she "adopt hastily without further review by a Special Master" their premises and called into question the department's representation of the documents, saying "evenhanded procedure does not demand unquestioning trust in the determinations of the Department of Justice."

In a Monday filing, Trump's attorneys noted that the former president is endowed with the powers to declassify records, without expressly stating that Trump had done so. Trump has, however, explicitly indicated he declassified the documents.

The judge signaled that, while the DOJ has suggested the contrary to be true, having presupposed "the content, designation, and associated interests in materials under its control," there are nevertheless remaining "disputes as to the proper designation of the seized materials."

Cannon also rejected DOJ arguments that the records belong to the government and that Trump cannot claim executive privilege.

Extra to suggesting the DOJ was not deserving of blind trust, she noted that unlike the former president, the government has been responsible for "unwarranted disclosures" in the way of "leaks to the media after the underlying seizure."

This decision constitutes a big upset for Attorney General Merrick Garland's DOJ, which vowed to take the case to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta if the department didn't get the desired result from Cannon.

The DOJ is investigating Trump for retaining government records after he left office and keeping them at his Mar-a-Lago residence. The department is also reportedly looking into possible obstruction in light of allegations that certain records may have been hidden from the FBI when, executing a grand jury subpoena, the agency sent agents to Mar-a-Lago in June to recover supposedly classified documents.

Cannon's decision is, conversely, a win for the former president, whose attorneys first asked for a special master in August to review seized records for material that could be covered by attorney-client privilege or executive privilege. In the case of either, documents might be shielded from disclosure, precluding prosecutors from using them to build a possible criminal case against the former president.

Trump's attorneys suggested last month that a special master was not only needed to "restor[e] order to chaos" but to keep in check prosecutors otherwise keen to "skip the process and proceed straight to a preordained conclusion."

Cannon appointed Senior District Judge Raymond J. Dearie, a pick agreed upon both by the DOJ and by Trump's team, as the third party responsible for reviewing records seized by the FBI. Dearie was the judge who signed off on the final FISA warrant against former Trump adviser Carter Page.

Dearie, a federal judge appointed by former President Ronald Reagan, has been instructed by Cannon to prioritize reviewing classified records first and to complete his review after the midterm elections on November 30. He will vet approximately 100 allegedly classified documents among the 11,000 records seized in the FBI raid.

Glenn Beck: This is the ONLY endgame that makes sense for the FBI’s raid on Trump’s Mar-a-Lago home



If you're celebrating this FBI raid on Mar-a-Lago, you have no idea how much this changes things. We don't do this in America. At least, we didn't. But the left cannot have Donald Trump be president again. His "America First" platform goes against everything they've been working for. So, what's their endgame here? On the radio program, Glenn Beck said there's really only one endgame that makes sense — and it should scare us all.

"If you are not for the destruction of America, you better pay attention quickly. This is a massive move," Glenn said of the Mar-a-Lago raid.

"And who has credibility on this? ... The right will believe Donald Trump, but nobody on the left, so you're not going to change any minds there. Do you think the right will believe the New York Times? MSNBC? NBC? CBS? Do you think we're going to believe the New York Times — the people who have been carrying water for the Biden crimes? The Clinton crimes? And ... I'm talking about her server and having her own State Department people go into a skiff, which is the top secret room, completely sealed off, going in and getting documents, cutting off 'top secret,' and then emailing them to her on her private server. And nothing? And now you're going to try to convince me [that] this has nothing to do with January 6?" he added.

"Remember the [allegations about] bank servers, [Trump] was pinging a bank? Untrue. Carter Page is a Russian spy? Untrue. Donald Trump is a Russian spy? ... Untrue. Collusion with Russia? Untrue. Ukraine, the perfect phone call? Not true. Not true. Wasn't a perfect phone call. Was not impeachable. The pee tape dossier? None of that was true. Here's why they can't have [Trump] as president of the United States. They can't have him as president of the United States because we are headed towards a completely new, all redesigned, non-capitalist, nonconstitutional Great Reset," Glenn argued. "They cannot have him be president because he is America first."

Glenn warned Americans that our federal government is accumulating massive power, case in point the 87,000 new IRS agents. "Coupled with the [IRS agents] they already have ... that's almost the size of our National Guard. Do you feel comfortable with that? Democrats? You don't think there's a possibility ... that someone ... might come in at some point and weaponize the IRS?"

He also warned that the FBI's raid on Donald Trump’s home has implications that stretch far beyond simple dislike for the former president. So what are they hoping to accomplish?

"What is the endgame? You make him into a martyr by throwing him into jail or killing him ... so you make him stronger? That doesn't make sense. Why would they want that?" Glenn asked. "So, what is their endgame? The only one that makes sense to me, is to stop him at any cost, then lunatics will take to the streets, and then [they] will have [their] evidence that the [right is] more dangerous than anyone could possibly imagine. Please, pray for your country."

Watch the video clip below to hear more from Glenn. Can't watch? Download the podcast here.


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Horowitz: What conservatives must do following the FBI raid on Trump



Watch out, Democrats, Republicans are about to take over the House. And if we are still free by next January, they will hold hearings and send fundraising emails on how they can’t do anything meaningful to restore democracy until they win the next election in 2025. Or will this time be different?

Watching all the GOP leaders foam at the mouth and sputter with anger over the FBI raid of Trump’s home is hilarious. For the same reason Democrats didn’t feel deterred from taking this action in the first place, they will go undeterred for the next one, which is why the FBI followed up the next day with seizing the phone of Rep. Scott Perry. The GOP simply refuses to do what it takes to harness national attention on the issues that matter and induce an inflection point in society. Not only do they decline to hold up must-pass bills, but they have consistently worked with Democrats on numerous other bills to forge Biden’s legacy for free.

Senate Minority Leader Mitch McConnell initially didn’t even make a statement regarding the unprecedented raid and awkwardly declined to comment when first questioned about it. Only later on Tuesday did he meekly call for an explanation for the raid. Presumably, he still thinks Ukraine is the most important issue. House Minority Leader Kevin McCarthy threatened to subpoena AG Merrick Garland next year when, seemingly, Republicans win back the House.

\u201cAttorney General Garland: preserve your documents and clear your calendar.\u201d
— Kevin McCarthy (@Kevin McCarthy) 1660006875

House Minority Whip Steve Scalise promised to hold the FBI accountable next year.

\u201cLet\u2019s be clear: This is a brazen weaponization of the FBI by Biden\u2019s DOJ against his political opponent\u2014while giving their political allies free passes.\n\nIt\u2019s exactly why the IRS shouldn\u2019t get an army of 87,000 more agents.\n\nHouse Republicans will hold them accountable next year.\u201d
— Steve Scalise (@Steve Scalise) 1660009066

But how is this going to change anything? We can’t wait until then to restore democracy, and hearings, while useful, will not be a big-enough blunt instrument to arrest the onslaught against human rights. Talk is cheap. Enough about hearings, fundraising emails, and obsessively focusing on the next election. Here are steps that must be taken immediately to deter the federal police state:

States must block the FBI from political persecutions: Republicans like to direct our attention to the next federal election while obfuscating the fact that they already command supermajority control in 20 or so states. For the most part, the federal government is irremediably broken and will not be fixed with an election. States need to interpose against federal tyranny. State legislatures should convene emergency sessions and pass laws barring the FBI from operating within their states to investigate or apprehend political dissidents.

One such bill has been introduced in Oklahoma by state Senator Nathan Dahm. SB 1166, the “Prohibition on Political Prisoners in Oklahoma Act,” would prohibit the federal government from transporting through the state any January 6 prisoner not charged with a felony. Remember, this is not just about Trump. The Biden administration views Trump’s supporters as the #1 terrorist threat and will continue to target them for contrived or nebulous crimes motivated 100% by political persecution.

Creation of state guards: Florida recently created a state guard that cannot be federalized. Other states must follow suit and make it clear they will use the guard to confront any federal officials – be they FBI, DHS, ATF, or IRS – who prima facie target political opponents.

Sheriff’s posses: Connected to the previous point, we must begin declaring sanctuary counties in which sheriffs will work together with the citizenry to form citizen posse units. Their job will be to defend victims of federal persecution within the counties at a moment’s notice.

Block the fiscal year 2023 budget bill: Republicans aren’t even promising to block the budget bills to repeal the 87,000 IRS agents when they win back the House, much less doing so in September, but there is no time like the present. It’s time to force a national inflection point. Democrats still need 10 Senate Republicans to pass a budget bill. Republicans should hold up any budget bill until there are policy riders prohibiting the use of funding for political persecutions, the hiring of new IRS agents, the funding of Pfizer and Moderna, and any COVID mandate.

Slash the budgets of the FBI and ATF: Rather than just holding hearings, Republicans must pledge next year to pass a budget bill slashing the budgets of these rogue agencies and channeling those reduced funds to a very narrow purview of dealing with career violent felons and Islamic terrorists, for example.

In other words, we need a synergistic response from Republicans at both the state and federal levels. In a perfect world, the GOP governors would hold a joint press conference and discuss the trend of FBI raids on ordinary citizens – not just Trump – simply for holding different political views from the regime’s. They would commit to working together to interpose against the federal tyranny, rather than just campaigning on it.

The federal government doesn’t have the authority to violate due process and human rights, as we’ve witnessed for the past two years of COVID fascism. No, we don’t need merely to win federal elections in order to undo that tyranny; states can stop it in its tracks now. The Supremacy Clause of the Constitution (Art. VI, Cl. 2) states that the “Authority of the United States, shall be the supreme Law of the Land,” but only when exercising power “in pursuance” of its Constitution authority.

St. George Tucker explains this clause in his commentaries to clearly infer that “a law not limited to those objects, or not made pursuant to the constitution, would not be the supreme law of the land, but an act of usurpation, and consequently void.” Mind you, this clause was referring to legitimate laws passed by Congress. How much more so it would apply to arbitrary executive edicts.

The notion that we must wait for federal elections to fight back is absurd. Thomas Jefferson, in his Kentucky Resolution of 1798, noted that elections were only reserved as the tool to redress grievances of federal policies within their delegated authority. “That in cases of an abuse of the delegated powers, the members of the general government being chosen by the people, a change by the people would be the constitutional remedy,” writes Jefferson. What if the feds clearly abuse their authority by monitoring, surveilling, and arresting people for political crimes or by making them wear masks on their faces?

“But where powers are assumed which have not been delegated a nullification of the act is the rightful remedy: that every state has a natural right, in cases not within the compact [casus non foederis] to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them.”

It’s time for the governors to stand up and teach the Biden administration about the natural right of states to govern most non-foreign-policy issues. We don’t need to wait until 2025 to restore human rights and the rule of law. We live in extraordinary times and face unparalleled threats to our liberty, which require an unprecedented response. If Republicans will just hold hearings and fundraisers, they as may as well combat domestic fascism by sending more money to Ukraine, a move Mitch McConnell would be all too eager to embrace.

Trump confirms the FBI has raided his residence at Mar-a-Lago



Former President Donald Trump confirmed in a statement on Monday that the FBI raided his residence at Mar-a-Lago in Palm Beach, Florida.

"These are dark times for our Nation, as my beautiful home, Mar-A-Lago in Palm Beach, Florida, is currently under siege, raided, and occupied by a large group of FBI agents," read the statement from the former president.

"Nothing like this has ever happened to a President of the United States before. After working and cooperating with the relevant Government agencies, this unannounced raid on my home was not necessary or appropriate," the statement continued.

"It is prosecutorial misconduct, the weaponization of the Justice System, and an attack by Radical Left Democrats who desperately don't want me to run for President in 2024," he added, "especially based on recent polls, and who will likewise do anything to stop Republicans and Conservatives in the upcoming Midterm Elections."

He went on to say that the FBI broke into his safe and compared the raid of his home by the FBI to the burglary of Democrat offices by Republican operatives during the Watergate scandal.

"Here, in reverse, Democrats broke into the home of the 45th President of the United States," Trump concluded.

This is a developing story and will be updated with additional information.