Judging Freedom - FBI Raids Trump’s Mar-a-Lago Home

Episode Date: August 9, 2022

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Save $80 with code SPACE80 at Talkspace.com. Hi everyone, Judge Andrew Napolitano here with a special evening breaking edition version of Judging Freedom. Today is Monday, August 8, 2022. It's about eight o'clock in the evening here on the east coast of the United States. We have just learned, we in the media have just learned, that earlier today scores of FBI agents broke into the home of former President Donald Trump in Palm Beach, Florida, commonly known as Mar-a-Lago, while the president was here in New Jersey playing golf at his golf course in Bedminster, New Jersey. A former president is furious at this and I'll read you his statement which is a long one but it's important no matter which side of this you're on. Former President Trump is of course under

investigation in several criminal matters but let me tell you how the only way that this one could have come about. In order for a former president to be the subject of a search warrant, a number of things must happen. First, the Attorney General himself, in this case Merrick Garland, the sitting U.S. Attorney General, would have to approve the application for a search warrant. And then a federal prosecutor and two FBI agents, two as a minimum, would have to appear before a federal judge. In this case, it is probably a federal judge sitting in what's known as the Southern District of Florida, headquartered in Miami. The FBI agents would then have to explain under oath in a private secret meeting with the federal judge, with the judge's staff there and with the federal prosecutor there, but with no one there from the former president's side. This is the way search warrants work.

And the FBI agents would have to demonstrate to a federal judge probable cause. That means that it is more likely than not that the place to be searched or the thing to be seized was evidence of a federal crime. And if these FBI agents failed to persuade the federal judge that whatever they wanted to take from former President Trump's home was evidence of a federal crime, in theory, the judge would not sign the warrant. And if they did persuade him that whatever was in the former president's home, then he would sign the warrant. In this case, he or she, we don't know who yet, signed a search warrant. So first the attorney general approved, then federal prosecutors and FBI agents make an emergency application to a

judge, which must be done in the person, in the presence of the judge and under oath. Then the judge signs the search warrant directing them to enter by force if necessary, and we know force was used, about which more in a moment, to enter the premises and seize whatever it is the FBI wanted. Now, the president says, the former president says that as I am now speaking to you, the FBI is still there. The other media entities are reporting that the FBI has left, so we don't know if the FBI is still there. I want to read to you former President Trump's statement, but before I do, you should know that the president has had a lawyer representing him, a former federal prosecutor, negotiating with the Justice Department for whatever they want from the president.

It is highly unusual. It is almost unheard of, but it has happened. That's why I say almost unheard of, that in the midst of negotiations between the feds and a person's lawyer, that the feds would raid the person's house because the purpose of the negotiations is to deliver to the feds peacefully and amicably and without breaking down doors and anything else, whatever it is they want. So the feds either are trying to pull a fast one on the former president, or they couldn't get the first base in these negotiations, or this is some new matter that is not the subject of the negotiations. The lawyer is John Rowley, R-O-W-L-E-Y. He also represents Peter Navarro, and he represents Mark Meadows and a few other of the former president's colleagues. But he has acknowledged he's been representing the president and negotiating with the DOJ. Needless to say, this has never happened in the history of the United States of America. It didn't even happen to Hillary Clinton when she was accused of espionage, of storing classified documents in an unsafe place. And by the way, that might be what this is about. The former president has been accused of taking documents with him when he left the White House.

Now, at the time he left the White House, he was president, so there was no crime committed there. Even if they're top secret, he can declassify them. But once Newman on January 20th, 2021 came, then he was no longer the president. If he still had classified documents, it would technically be a crime. I don't know that they prosecute him because he's certainly not going to do anything with them to harm the country, but the feds can be very prickly and nitpicky when it comes to this. I think it's outrageous that this raid occurred at the time and in the manner it did, by which I mean while the president's lawyers were negotiating. It's unseemly, unseemly for the government to attack the property of the person being represented. I'm going to call him a defendant because he hasn't been formally charged, of the person who's being represented by the lawyer.

Unseemly for that to happen, but it has happened. Here's the president's statement. I'm going to take a little bit of the sting out of it by telling you the president says that the FBI broke into his safe. Now, if you know anything about safes, they would have to have a safe cracker with them or an enormous drill in order to immobilize the locks on the safe. If you know anything about Mar-a-Lago, it's a magnificent estate, but it's also the center of a private club, which the president's corporation owns and manages. According to the Washington Post, which cites two sources familiar with the raid, the raid centered on the president's personal living quarters and on his office,

and not on the part of the property which is devoted to the club. It's not open to the public, but there are many members of the public who are members of the club. Here's President Donald Trump's statement, and I feel I must read this to you. It's a very strong statement. These are dark days 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. Nothing like this has ever happened to a president of the United States before. After working and cooperating with the relevant government agencies, he's, now I'm not reading

from the statement, he's referring to his lawyer negotiating with these feds. With the relevant government agents, this unannounced raid on my home was not necessary or appropriate. 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, especially based on recent polls, and who will likewise do anything to stop Republicans and conservatives in the upcoming midterm elections. Such an assault could only take place in broken third world countries. Sadly, America has now become one of those countries, corrupt at a level not seen before. They even broke into my safe! What is the difference between this and Watergate, where operatives broke into the Democratic National Committee?

Here, in reverse, Democrats broke into the home of the 45th president of the United States. The rest of the statement are the president's, well, I'm going to read you the rest of the statement. The political prosecution of President Donald J. Trump has been going on for years with the now fully debunked Russia, Russia, Russia scam, impeachment hoax number one, impeachment hoax number two, and so much more. It just never ends. It's a political targeting at the highest level. Hillary Clinton was allowed to delete and acid wash 33,000 emails after they were subpoenaed by Congress. Now I'm not reading. He's absolutely correct on that. Absolutely nothing has happened to hold her accountable. He's absolutely correct on that. She even took antique furniture and other items from the White House. He's absolutely correct on that. I'm chuckling because you can't make this stuff up.

I stood up to America's bureaucratic corruption. I restored power to the people and truly delivered for our country like we have never seen before. The establishment hated it. Now as they watch my endorsed candidates win big victories and see my dominance in all polls, they are trying to stop me and the Republican Party once more. The lawlessness, political persecution, and witch hunt must be exposed and stopped. I will continue to fight for the great American people signed or issued over the name of Donald J. Trump. So to repeat, former President Trump has been home in Palm Beach, Florida, known as Mar-a-Lago, has been raided by scores of FBI agents

who broke into the former president's safe. We don't know what judge signed the search warrant, but we know that a search warrant was signed by a federal judge. We don't know what the FBI told the federal judge, but we know that under the rules, at least two FBI agents and a federal prosecutor had to be there, and the FBI agents had to testify under oath to the judge. The FBI agents had to demonstrate to the judge the existence of probable cause, which means that they explained to this judge under oath that it is more likely than not that the place to be searched, Mar-a-Lago, and the safe in it, and the things to be seized, whatever they are, we don't yet know, are evidence of crimes. Only after that, approval by the Attorney General, testimony by two FBI agents,

acceptance of the testimony by a federal judge, and signing of the search warrant by the federal judge could such a search warrant be executed. All right, it's almost time for me to crash for the evening. If more news breaks on this, I'll be back to explain it for you. Judge Napolitano for Judging Freedom.