Unpacking the Mar-a-Lago Raid

constitutionalist judges and the rule of law as well. Uh, you know, prior to that he's done a bunch of things. He's worked for all three branches of the federal government, including for President George W Bush, the Justice Department, how Speaker New Gingrich, as well as the current Supreme Court Justice Neil Gorcich as well. So he's done a bunch of different things. He also led the outside support team for Justice Corsich as UH, successful confirmation to the Supreme Court.

So we're going to lean on him to really just walk us through what we need to know about this FBI raid on trump. Why did they do it? Do they have any standing? Where is this going and what does it mean more broadly for the country. So we're going to get into the big picture as well as the nitty gritty, go through the timeline a little bit, really dig in, you know, because there's a lot reported. How much of it's true? You know, what are we being told that our lives? What are we being told

that's true? So we're gonna get to the bottom of it with Mike Davis, and I think he's a pretty good guy to get to the bottom of it with. So he's got a lot of experience. This is his wheelhouse. He's a good guy. If you should follow him on twitter as well, he's been tweeting out a bunch of, you know, stuff on all of this and his concerns over the abuse of power from the Federal Government that we've seen. So stay tuned. Mike Davis, all about the FBI.

Raid what you need to know and what you need to know moving forward with to pay attention to Mike Davis. Stay tuned, Mike Davis. I really appreciate you coming on. You know, obviously there's been a lot of coverage over what has happened with the borlog array, but I kind of just wanted to get into what's really going on? What do people know? Kind of, you know, sort of a one oh one on what's happened so far. So

I appreciate you taking the time to join the show. Yeah, thank you for having me on, Lisa, and I'm happy to talk. So what is going on here at the end of the day, is President Trump declassified his uh crossfire hurricane Russian collusion documents through a presidential memorandum on January before he left office. The Justice Department, the FBI raised alarm bills unnecessarily and said that these declassified documents, if they got out publicly, could violate the Privacy Act.

That was just an excuse to drag their feet. But the trump White House, Mark Meadows, the chief of staff, issued a memorandum on January saying okay, guys, Do Your Privacy Act Review and get out these declassified records quickly after that. And of course the Biden Justice Department got

on board and they never released these documents. And the reason they didn't release these documents is because they are so damning for Obama, Biden, Hillary, the FBI, the Intel community, because they show, according to news reports, that they colluded to make up the Russian collusion hoax to try to go after President Donald Trump as a candidate in two thousand sixteen, and that is an earth shattering revelation. They know that they don't want these documents out there and so, uh,

they had to go get them. And so the Biden President. Biden waived executive privilege, something that every president going back to George Washingtonis hats. We can have candidate, he can have candid discussions, candid, confidential discussions with his top advisors.

Biden waved trump's claim of executive privilege. The Biden Justice Department went to this biased judge, Magistrate Judge Bruce Ryan hartdown in West Palm Beach, Florida, and they got this unnecessary, unlawful and unprecedented home raide warrants on a former president where they set in thirty FBI agents to ransack his home, his office, his wife's underwear drawer, is sixteen year old son's bedroom and they took eleven thousand documents from Marl

Lock and these documents included personal records, presidential records, tax records, attorney client privileged records, medical records. It was an unlawful and constitutional general warrants. And so trump sued under rule forty one G of the federal rules of civil procedure or criminal procedure to get back these unlawfully rated records Biden. And that's where we are with cannon. A president of the United States, don't they have ultimate authority over what's

the classified or not? Yes, so the president of the United States, as commander in chief, has the absolute constitutional power to declassify anything he wants, for any reason he wants, in any manner he wants, and he doesn't have to get any bureaucrats permission to do it. And that's confirmed by a nine Supreme Court case called Department of the Navy versus Ego. So trump absolutely declassified these records through his January nineteenth memo and through other measures, including his

his mere action of taking these records with him. They're declassified. But even if they are classified, president trump has the absolute statutory power under the Presidential Records Act to take and maintain his records when he leaves office. Any record received by the president or his White House staff are considered Presid sidential records, and that includes classified records from

various intell agencies. Those are presidential records. And then it is up to the president to decide whether those are presidential records that go to the archives and get sent back to almost certainly get sent back to his library as the former president, or if their personal records that

belong to him. It's his soul determination. According to a two thousand twelve case by Obama judge in Tom Fenton in judicial watches lawsuit against Bill Clinton over eight years of highly classy classified audio tapes of his presidency that he had in his sock drawer. So not only does trump have the constitutional power to declassify, he has the statutory power to declassify and he has the statutory power under the Presidential Records Act to take and keep his records.

This is again an unlawful home rate. And the reason that they're doing this is because of these crossfire hurricane, because they're not going to say that. They've leaked that in media leaks, including to Newsweek early on. But that's the reason they're doing this. This is another, another hoax, another charade to get trump. Well and according to the law, if a president was to declassified documents, are there certain steps that he has to take, or can he basically

just say, you know, these are declassified. He absolutely does not have to follow the espionage act or any other statue that applies to everyone else on the planet. He is the classifier. He has the inherent constitutional power as the commander in chief. He doesn't have to get anyone's permission to this. These classified statutes, the Espionage Act, the classified Information Protecting Protection Act, government property statutes, those apply

to everyone else except for the president. The two governing legal regimes that apply to the president is the commander in chief clause that he has this inherent power, along with the Presidential Records Act. Remember, there are two sets of government records. There are presidential records that that fall under the presidential records act or there are federal records

that fall under the Federal Records Act. And all White House records, whether they're they're whether they're written at the White House or received by the White House, are presidential records and they are treated. They are treated completely differently from federal records. Remember, before eight when Congress passed the presidential records act and made applicable to every president, starting with whoever one in nineteen eighty, presidential records were personal

property of the president. He got to take his person these records, as his own Congress changed that. Where they they become presidential records, belong to the governments, but it's up to the president to decide whether they're personal records that belong to him are presidential records that go to the governments, and he gets unfettered access. He and his designated designates get unfettered access by statute to his records,

and it doesn't matter whether they're classified or not. So that how can they claim that he was in possession of classified documents if he previously, as the president, was the ultimate to classifier? They can't. And then, and not only that, but even if they are classified, he still has the right to have them under the Presidential Records Act.

Remember Attorney General Merritt Garland deliberated, he leaked for weeks before he ordered this unnecessary, unprecedented and unlawful home raid on a former president who also who also happens to be garland's boss's chief political enemy. If he had weeks to deliberate, why didn't he walk down the hallway to the office of Legal Counsel, or Ol C at the Justice Department to get a legal opinion on this? And

the reason almost certainly is. Is that garland would not have liked the answer that o else gave him, because they always protect the presidency and that's what they should have done here. But that got in their way of going to raid president trump to get back these politically damaging documents. Think about it this way, Lisa. They Biden

waited eighteen months to go get these records. Garland said he deliberated for weeks before he authorized the home raid, even after they got this home raide warrant from this biased magistrate judge who just recused on June two because of a two thousand seventeen facebook coast post bashing president trump. He recused in trump's civil lawsuit versus hilary on Russian collusion.

Somehow this magistrate Judge's bias magically went away and he, Garland, went to this magistrate judge, Judge Shops I would argue, and got this home raid warrants. Why did they do this? What was the necessity? Why did they wait eighteen months if it was so dangerous to have these documents and trump's hands? Why did they not leak for eighteen months? Why did they only start leaking after the Biden Justice Department took them from trump. I mean, I think that

this is o bis. I'm just trying to get the fuller picture about what they're alleging and you know and all of that. And what's strange too, is that the trump team had been I was looking through the timeline of all this, or at least what is being public or reported, and the trump team was working with them. I mean in January two they turned over fifteen boxes

of documents. Yet a month later the National Archives and record administration went to the D O J asking for help, despite the fact that just a month earlier there were these fifteen boxes that were turned over. I don't understand how they can allege that the trump team was not working with them when they had clearly handed over the documents, and not only that, but they had corresponded with the

FBI and met with them prior to the raid. And here's the bigger, bigger problem, Lisa, is the presidential records act does not have a criminal component to it. The Federal Records Act does, the President Presidential Records Act does not, and so there is a natural give and take between the president, who's thanks every presidential record is his, and the bureaucrats, the librarians that the national archives, who think every time a president sneezes into a Kleenex that's a

presidential record that belongs to them. There is a natural give and tank. We talked about the Clinton software case. Right, Clinton one in that case, because presidents always went under the presidential records act. It's their sole determination. But what the bureaucrats at the National Archives should have done is they should have notified concress or they could have filed a civil lawsuit if they thought that there was a

violation of the Presidential Records Act. They should not have gone to the Biden Justice Department and got an unnecessary, unlawful, unprecedented homerade on a former president based upon focus predicate crimes. It is not legally possible for president trump to have violated the espionage act, the Federal Records Act or obstruction of justice related to president trump's handling or taking of residential records. It's not. It's not possible. Aren't these disputes

with the National Archives Pretty Standard for former presidents? Yes, they're, they're routine. There's a routine give and take between the bureaucrats, the librarians at the archives and former presidents. Again, President Clinton had eight years of highly classified tapes of his presidency, including his discussions with foreign leaders, which would be the most classified secrets imaginable. Clinton had these in his sock drawer in the the Obama Judge in two thousand twelve

said that's fine. President Clinton declared that these are personal end of story. Quick Break War with Mike Davis. And so right now you've got the Federal District Judge Eileen Cannon has appointed a special master, senior Ram, senior judge Raymond deary. He has a deadline of November. You know, kind of go through the Tiktok of what's going on right now with that. I know there's a dispute over, you know, the trump team criticizing the department of Justice.

They're trying to shield classified documents from this special master's review. Kind of go through where that is right now and kind of what you're anticipating to transpire from this review of the documents by this special master. So actually the classified documents, that means the documents that are marked classified. That is actually a red herring argument. The classification marking is not even relevant. Again, Judge Cannon laid this out

clearly in the special master's order. What happened is is they, the Biden Justice Department, illegally obtained eleven thousand records from President Trump, from a biased magistrate judge issuing this unprecedented, unnecessary and lawful warrants. What judge cannon is simply asking the special master to do and the Biden Justice Department to do is pause, take up breath. Let's get our arms wrapped around these eleven, eleven thousand documents and let's

put them into four buckets. The first bucket or personal records that are not privileged, right personal records that are not attorney client privileged, or medical records or tax records. The second bucket are personal records that are privileged, attorney client privileged, medical records, tax records, maybe other spousal communications would be privileged. The third bucket are presidential records that are not privileged, meeting not subject to claims of executive privilege.

Those could include classified records or non classified records. In the fourth bucket are presidential records that's are that are that that are privileged and that included that could include executive privilege, either classified or non classified. It doesn't matter whether they're classified. The issue is what bucket they go into, personal or presidential, privileged or not privileged. That's all judge cannon cares about and that's all she should care about

under the Presidential Records Act. And then once they put those eleven thousand document it's, into those four buckets, then judge cannon can figure out where the disputes are. If if the government says no, this should be a presidential record and trump says no, it should be a personal record, this should be a privileged record. No, this should not be a privileged record. That's what the special master is supposed to do. It does not matter whether they're classified

or not. The only thing that judge cannon ordered the special master to do was review the class of the documents marked classified first. So that takes away the Biden Justice Department's argument that by waiting too long it inhibits their criminal probe of trump. So candid says, okay, you can still do your national security assessments, but you just have to pause on the criminal probe until we sort through these hundred classified documents, which we're going to do first,

and then you can go forward with that. But remember trump almost certainly does not have the only or the original copy of these records marked classified. They came presumably from an Intel Agency, the CIA, the D N I, one of the Department of Defense Agencies, the states department. So they would be classified there, they would have a class that they would have the copy there. So it's not like trump has the only copy. He has a copy.

Isn't the whole point of the fourth amendment to protect people from search warrant that they used against trump and this overly broad fishing expedition that included just boxes next to the documents that they were trying to find? APPS if you go into anyone's home and you come out with eleven thousand documents, that is a pretty good sign that that is an unconstitutional, illegal general warrants. Under the fourth amendments, the warrants have to be limited in time

and place and manner and scope. When you go in and get eleven thousand documents, you have got you have almost certainly not done any of those things. This is clearly an unconstitutional, illegal home rate on the face of the warrants, and it's even more illegal because a biased judge, a biased judge under the US code and the judicial canons signed off on this warrant when he should not have.

What do you think legally happens then? I mean, you know, what's sort of the sequencing of the next few steps with this? What should we be looking out for? What I think will happen? What should happen is they're gonna put these documents into the four buckets and then trump's gonna say that these are all personal records, I've declassified them, they're all personal records that belong to me. Give all eleven thousand back. or He could say that looks these

are the personal records. Here the presidential records, but under the Presidential Records Act I have unfettered access, and so do my designees under the Presidential Records Act, to all of these presidential records, regardless of how they're marked, classified or non classified. He trump should absolutely get back eleven thousand documents after this is over. Do you think he's facing any legal liability or he shouldn't be facing any

legal liability? If they actually followed the law, he could the Biden Justice Department could try to indict him for for for these nine crimes. I think that you could get some uh. You know, D C is nine Democrat and the five percent of Republicans are trump deranged rhinos. So there's a very good chance that if you went to a D C uh jury, that the jury is going to fight him guilty and that the D C unit party judge would convict. There's a good chance that they would go to the D C circuit and they

would have formed that convention conviction. But there's, I think, no chance that the Supreme Court, including even Democratic Point at justice is like Justice Kegan, would allow this conviction to stand because this is so much bigger than Donald Trump. This is about the presidency and the separation of powers and this president would destroy the presidency. So how long

would that process take from where we are now? Obviously the review that's transpiring transpiring currently and that if it was to go to the Supreme Court, I bet that is what they betting at. Taking this in D C, indicting him with biased, you know, judge and all of that. So how long would this process take between now and

potentially reaching the Supreme Court? I would think that the Supreme Court would hear this quickly, considering that president trump is a likely presidential candidates so they can't let this hang out there. So I think they would make it a very high priority, and they should right, and so they would. They would. They would probably order expeditious review by the D C circuit and then review that case

depending on how the D C circuit rules. Now. Did the fact that the FBI decided not to investigate Hillary Clinton? Does that set any sort of precedent for trump's team to turn to, even though she did not have ultimate authority like President Trump did? Well, and Actually Hillary Clinton's case is much, much worse, much much worse. Actually, president trump violated no lass. Hillary Clinton was the president and

she'll never be the president. So therefore she doesn't have the inherent constitutional power as commander in chief to declassify anything she wants. She doesn't have the power under the presidential records act to take presidential records because she's not the president. So the Espionage Act, the classified Information Protection Act, all the other acts applied to her, as does the

as does the Federal Records Act. And remember when Hillary Clinton had her illegal home server with our most classified secrets as the secretary of State, it was hacked by our enemies. They they hatched this server right and then when she was caught, she blitch bleach Bidd it the server and took a hammer to the cell phones. Right. So clear unquestionable espionage act violation, clear unquestionable destruction, theft of government property, clear obstruction of justice, and not a

damn thing happens to her because she's Hillary Clinton. And we have two systems of justice in America right, one for the ruling UNIPARTY and one for everyone else. How do you get back to a place where people regain trust in the rule of law in America? Well, I think that there needs to be a complete house cleaning of the leadership of the FBI, along with the leadership

of main justice. And instead of having an FBI where there's only one politically appointed director who's appointed for a ten year up to a tenure term, they need to have a the top, at least the top three layers of the FBI need to be presidentially appointed and Senate confirmed, and so they're accountable to the president and they're accountable to the to the Senate and to the House for real oversight and accountability, because what happens now is when

Democrats are in charge, they put in left wing FBI directors to run the show like coming and then when Republicans are in charge we get cowed into putting week week Uniparty FBI actors like Chris Ray, and then the FBI runs Chris Ray instead of ray running the FBI. So we need to have serious reforms. If Republicans take back the Senate, which is looking more likely, my former boss Chuck Grassley will become the Senate Judiciary Committee chairman again.

There's No one who does better oversight than Chuck Grassley. He's been doing it for decades and he's been onto the FBI's games for decades. If Republicans take back the House and the Senate, there will be serious structural reforms to the FBI into main justice, and that's exactly what needs to happen. This is not an attack on the rank and file members of the FBI. There's are those are good men and women at the fifty six field

office around the country. This is about the rotten to the core political leadership at at the main justice and at the FBI headquarters in DC. What do you think should happen to the I mean should we abolish the FBI? Is the FBI, you know, beyond repair at this point. I don't need to think it needs to be abolished because they do important work, but the whole national security counter espionage apparatus needs to be ripped apart and rebuilt and make sure that there are key plays, there are

key checks and balances in place. We made a huge mistake after nine eleven by passing the Patriot acts, and it's just what the civil I was for it at

the time. I was young and stupid. It was just what the Civil Libertarians worried about, that they would that people would take over these intel agencies, both domestic and international, and they would weaponize them, politicize them against their enemies, and that's exactly what has happened in the last six years, starting in the Obama Administration, and that needs to be changed. There needs to be a church commission to look at the FBI from top to bottom and to rip the

leadership apart and rebuild it. I mean, I think the concern now is just, you know, our federal government is just so corrupt. I mean you look at the weaponization of government against president trump more so than anyone, but even going after parents at these school board meetings. We look at the collusion between the federal government and big teck to silence opposition. I mean, we've really just reached this very scary place where the federal government has so

much power and it's being wielded against half of the country. Absolutely, and they're not even pretending anymore. I mean they'll let people illegally threaten and intimidate Supreme Court justices and their families outside of their homes, leading to a one a m assassination attempt against justice kavanaugh's wife, Ashley, and their two daughters, and Merritt Garland and FBI Director Chris Ray

don't do a damn thing. They say that this is somehow their first amendment right to harass and intimidate federal judges at their homes, and absolutely is not. When the house? When? When? When Republicans take over the house, they must impeach Garland and Chris Ray for what they've done. How they have weaponized the Justice Department, including the FBI, and it's unacceptable. We could not let this happen. Even if the Senate does not remove them, the process is the punishment here.

They need to feel a they need to pay the price for allowing this to happen. Quick break stay with us. I think what laid the ground for personally, it was covid and we just allowed the government to obtain so much power and people just rolled over and then it was sort of on from then. I think that's when they really stopped hiding anything. Yeah, I mean I agree with you. I mean I I certainly wasn't quiet, as evidence by my getting kicked off with twitter five times

during covid. But I've Said said this from day one. We are letting Tony FAUCI and the biomedical state, colluded with Big Tech and collude with big government to censor, silence, Deep Platform Uh people for questioning the science and even doctors and scientists questioning the science and FOUCI, even Senator Ran Paul, a medical doctor, was a U S senator, getting kicked off of Youtube for for questioning Tony Fauci for a scientific debate. Before, three years ago it was

perfectly acceptable to have scientific debates. That was the scientific method. But with the UH. You know, this is not Lisa, this is not our parents, are grandparents, Democrat party anymore. These are not liberals who love America and just disagree with Conservatives on the best way to get to the to get to the to the best result for all Americans. These are leftist, these are Marxists, these are people who hate America and they want to destroy America. They want

to divide in Carquer America. This is this is what we need to go into this fight, these elections, Eyes Wide Open. We're in a different ballgame. After is it possible to go back to pre covid days where we as Americans had more individual rights? And I mean obviously the federal government was a threat, but not to the same degree that it is even today. Is it possible

to go back? It is possible and it must happen, and what we need to start doing, frankly, is the federal judiciary needs to start dismantling these federal agencies that are not enumerated in the constitution. Right if, if the our our constitution is a loan agreement between we the people and our government's right we loan the federal government and state government's specific, Limited, divided, enumerated powers. Right, and if we do not loan the government these powers, they

do not have the power. We the people are the sovereign in America's radically different from Europe, from the United Kingdom from which we fled. Back then, the crown, the monarch, was the sovereign. The power came from God to the monarch and the monarch lent power to its people through like the Magna Carta. In America it's different. Power comes from God to we the people, and we loan power

to the government. It's it's not the other way around, and we have lost that in this country and I these federal judges need to start stepping up and peeling back federal power, and they've started to do this. Like this Judge Mazel Down in Florida should be championed as a hero. She's the one who struck down the C D C s science, free law, free mindless mask mandates on planes and trains, and the left went banana saying

that she's gonna kill everyone by doing this. She made the right move, that the CDC does not have this power under the constitution, under statute at all, yet they use this power to, you know, try to control every our movements. For two years of COVID judge mizell struck this down and she was right. We need more courageous judges like judge Myzell to step up. Well, you know now you even have the president admitting that the pandemic is over, when in reality it was never the pandemic

that they were uh, you know, abusing power over. It was just an excuse to abuse power, unfortunately. But I really think the only path forward for our country, if it's to survive, is just, UH, getting Republicans in Congress and hopefully a Republican president that has the guts to reign in the federal government and dismantle as much of it as humanly possible and legally possible. I agree with you if it essentially if we didn't have this government agency before FDR, get rid of it, send it back

to the states and to the people. Right. That's that's a pretty good line. It's it's the wicker case, the commerce case, the weak case, where the Supreme Court switch in time. That saved nine. It was before that case the supreme the Supreme Court, the lower courts were striking down these new deal government programs, saying the federal government does not have the power to do what you claim

it has to do. FDR threatened to pack the Supreme Court and so the Supreme Courts switched their votes and started allowing the federal government to do anything they want, essentially, and what we have done is turned the constitution from a shield that protects we, the people, from from the Federal Government into a sword that the federal government uses against the people. And it just it needs to change.

This is not sustainable. It's not sustainable when President Biden can get on national TV and declare seventy four million Americans dangerous to democracy. It's not sustainable when you can do home raids on a former president and your chief political political rival, along with his top White House AIDS and now even, you know, hundred, you know hundreds of his supporters. This is not sustainable. This is what they do and Third World Marxist hell holes before they fail.

I mean, I feel like that's where we're I mean even during covid there's a poll where almost half the Democrats wanted to put people like me who didn't get vaccinated and you know, government camps. So and I think that would apply for, you know, just being a you know, having supported trump and and being a, you know, a conservative as well. How much power does a president have to dismantle government on his or her own? Uh, you can use executive orders to limit the power, while you're

the president, but it. I just don't think the political branches will have the will to do this. There's always pressure on the political branches to build more government and more government and more government. I really do think it's gonna come down to courageous federal judges who say, okay, Biden or whoever is the president at the time, where in the constitution, where specifically in the constitution do you

think you have the power to do this? And if you can't point to it in the constitution, you can't do that. That's that's what needs to happen and until that happens, nothing's going to change. Well, you know, thank God under trump we got a lot of judges approved and confirmed, so hopefully we have more brave people step up. Mike Davis, I appreciate your voice and for joining the show and explaining all this to us. It was very helpful. I really appreciate your time. Thank you for having me. Lisa,

that was my Davis. I don't know about you, but I found that extremely helpful, just to kind of go through, give the Tiktok, give an honest review of what's actually going on with the raid. What we need to know. Uh, and then just, you know, getting into a little bit more of the federal abuse that we're saying. So I appreciate his time. Appreciate your time for listening to the show.

When I thank my producer, John Cassio, for putting it together, please leave us a review on apple the greatest five stars. Let us know what you think. Every Monday every Thursday new episodes, but you can listen throughout the week. Thanks so much. Take care.