tag:blogger.com,1999:blog-8839412.post6849165737312363352..comments2024-03-19T07:48:54.021-06:00Comments on Gus Van Horn: How to 'Reduce the Heat'Gus Van Hornhttp://www.blogger.com/profile/05126749051688217781noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-8839412.post-9395625580353602342022-08-18T13:40:38.506-06:002022-08-18T13:40:38.506-06:00I don't know why they searched Mar-a-Lago, but...I don't know why they searched Mar-a-Lago, but apparently the <a href="https://abcnews.go.com/Politics/judge-portions-mar-lago-search-affidavit-unsealed/story?id=88492541" rel="nofollow">search affadavit</a> was sealed.<br /><br />I share your hope that they had a solid reason to do so and acted in accordance with the law.Gus Van Hornhttps://www.blogger.com/profile/05126749051688217781noreply@blogger.comtag:blogger.com,1999:blog-8839412.post-84553690894114346542022-08-18T01:02:34.656-06:002022-08-18T01:02:34.656-06:00Allow me to explain with a conventional example. A...Allow me to explain with a conventional example. As a lawyer I can issue subpoenas for the production of documents. But I can’t just wake up one morning and say I’d like to Joe’s medical records. If I had been in a car accident with Joe with injuries and we sued each other then the pending court case would give each of us the authority to subpoena relevant medical records.<br /><br />Hopefully the DOJ can’t just decide one day to raid a citizen’s home to get records in the hopes they will find evidence of a crime. By what authority did the DOJ issue a subpoena?<br /><br />My question is not motivated by the classification status of the records.Greghttps://www.blogger.com/profile/15311305913265741194noreply@blogger.comtag:blogger.com,1999:blog-8839412.post-62378803344390407072022-08-16T04:45:47.597-06:002022-08-16T04:45:47.597-06:00I am not sure I understand your question: Whatever...I am not sure I understand your question: Whatever motivated this search would not necessarily depend on whether documents included in the warrant were classified or not, although if they find classified documents, that would be a crime on its own.<br /><br />This is not a story I have followed closely, but I recall two things I can think of to have motivated your question. (1) Trump asserted at some point that he declassified the documents via a "standing order" he didn't actually have to authority to give, and (2) Trump himself signed a law or order stiffening the penalty for being in possession of classified information.Gus Van Hornhttps://www.blogger.com/profile/05126749051688217781noreply@blogger.comtag:blogger.com,1999:blog-8839412.post-3391382602385330032022-08-15T21:34:34.964-06:002022-08-15T21:34:34.964-06:00Gus, if the documents were not classified then why...Gus, if the documents were not classified then why were they subpoenaed? The article you link to said the subpoena did not rely on the classification status of the documents. <br /><br />If the government is compelling the production of documents it is supposed to be in furtherance of a criminal investigation. So here is the question: What crime was committed that was being investigated by the issuance of a subpoena? If the DOJ has no reason to believe a crime has been committed they have no business compelling anything. <br /><br />I fear this is another case typical of regulation (not law) in which the government uses its power to coerce—not to find the guilty party who committed a known crime—rather in the hopes of finding a crime they can pin on a targeted unpopular person.Greghttps://www.blogger.com/profile/15311305913265741194noreply@blogger.comtag:blogger.com,1999:blog-8839412.post-22756028312250390302022-08-15T12:01:39.636-06:002022-08-15T12:01:39.636-06:00You would appear to be right, at least based on th...You would appear to be right, at least based on this <i>USA Today</i> <a href="https://www.usatoday.com/story/news/politics/2022/08/09/trump-barred-office-records-probe/10276899002/" rel="nofollow">story</a>, which has a few experts weigh in on the matter.Gus Van Hornhttps://www.blogger.com/profile/05126749051688217781noreply@blogger.comtag:blogger.com,1999:blog-8839412.post-4386526276665992842022-08-15T08:36:30.222-06:002022-08-15T08:36:30.222-06:00There is no legal basis to keep Trump from running...There is no legal basis to keep Trump from running in 2024. The Constitution sets out the standards to be met to run for president. You would need an amendment to change that.Anonymoushttps://www.blogger.com/profile/17667969737796375432noreply@blogger.com