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WSJ Op-ed: ‘No Legal Basis’ for Mar-a-Lago Search Warrant

by Joel B. Pollak


The FBI raid on former President Donald Trump’s private residence at Mar-a-Lago, Florida, had “no legal basis,” according to a Wall Street Journal op-ed by former White House and Department of Justice lawyers David B. Rivkin Jr. and Lee A. Casey.

In their op-ed, Rivkin and Casey argue that the Presidential Records Act of 1978 allowed Trump to have the records allegedly in his possession, and that the general statutes cited in the search warrant — such as the Espionage Act — do not override it.

They note:

The warrant authorized the FBI to seize “all physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. §§793, 2071, or 1519” (emphasis added). These three criminal statutes all address the possession and handling of materials that contain national-security information, public records or material relevant to an investigation or other matters properly before a federal agency or the courts…


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