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Former Gorsuch Law Clerk Goes Scorched Earth on Latest FBI Trump Raid Development


Mike Davis, a former law clerk for Supreme Court Justice Neil Gorsuch, should be one of your go-to legal sources to sift through all the nonsense being spewed about the smoking gun classified documents the FBI seized from Mar-a-Lago on August 8. We’ve cited his legal commentaries here in previous posts. The latest updates dropped early this morning, with Justice Department declaring that Trump’s special master motion should be denied because anyone else analyzing the documents could constitute a national security risk. A judge last weekend issued her preliminary intent to appoint a special master, which the DOJ countered by saying they had already reviewed the documents—materials so sacred and top secret they threw them on the floor and took a photo. Spencer wrote about that this morning. You can see the filings, one of which is clippings of Time Magazine covers. Where are the nuclear secrets hidden on-site, one of the reasons reportedly offered to justify the raid on Trump’s home?

As noted, the media is trying to make this a ‘Trump is like Hillary’ regarding handling classified materials, which is simply false. Based on legal precedent and the powers of the office of the presidency, the federal ransacking, as Spencer noted, looks even worse. We all knew the liberal media was excruciatingly ignorant of the Second Amendment and firearm lexicon. It’s now leeched into executive powers, which isn’t shocking. Davis once again took to Twitter to gut the legal basis for the raid while also torching the Biden Justice Department for their fundamental misunderstanding of the law concerning the president’s powers in handing classified materials. It’s another headshot to the narrative that this raid was about legal documents.

Davis notes how Congress expects former presidents to possess classified materials. The Presidential Records Act, which isn’t a criminal statute, doesn’t differentiate between classified and unclassified, and ex-presidents have staff with security clearances, secure offices, and Secret Service protection. There was no danger of whatever the FBI alleges was at Mar-a-Lago falling into unsavory hands. Davis again reiterates that Trump declassified the documents in question, kept copies, and was under Secret Service protection.

Yet, he also plays with the liberal arguments for raiding the home of a former president. If these documents were so crucial, why wait 18 months to retrieve them? Why did Garland dither for weeks before signing off on the search warrant, and why didn’t he consult with the DOJ’s Office of Legal Counsel before the planned federal treasure hunt at Mar-a-Lago? Davis added that the narrative of Biden not knowing about the raid, Garland not approving it, and Trump holding atomic secrets were all lies.

“It was a political hit. Trump had his personal copy of the declassified Crossfire Hurricane/Russian collusion records,” he wrote: “And they are very damning for Obama, Biden, Hillary, Susan Rice, Clapper, FBI, intel. [communities].”

The affidavit that provided probable cause was redacted to death to cover their tracks. The special master can’t look at the dinner menus because that would be a national security risk.

That’s a coverup, Davis added, part of the ever-growing reasoning to impeach Attorney General Merrick Garland and FBI Director Christopher Wray.

When you boil it all down, it’s the career bureaucrats and the political class still steaming over the fact that Trump won in 2016 and has these absolute powers of the presidency over state secrets. Powers and privileges that Hillary Clinton will never obtain ever.

Authored by Matt Vespa via

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