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gumUnderfoot

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11/08/22

17:15

Post #: 63062632
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Originally posted by thecurious1: ↑

Picking just one of your opinions - "Why warrant? Why not the more usual subpoena"

Usual ? You sometimes post as an Economist and sometimes as a Health Professional. Are you also a Lawyer / LEO ?

Here's an expert opinion that answers your question.

"Peter Stzrok explains why DOJ didn't subpoena Trump over classified documents

Peter Stzrok, one of Donald Trump's favorite foes to attack while in office, on Wednesday detailed the reasons that federal investigators used a warrant rather than a subpoena to reportedly obtain classified documents from Mar-a-Lago.

"I used both consent and search warrants dozens of times over the course of my career to recover classified govt info - but never a subpoena," said Stzrok. "Let’s talk subpoenas and why they’re not used to recover classified material from those not authorized to have it."

A subpoena would allow a witness to bring the documents requested. Eric Trump revealed in a Fox News interview that his father has been negotiating with the government for months about the documents they wanted back from the former president.

Stzrok explained that there was likely national defense information, not a book or news article that included classified information, but documents that would be beneficial if garnered from another country. "

""At least 3 reasons make a subpoena inappropriate to recover classified docs," he continued.

"First, classified documents are the property of the USG. In the hands of an unauthorized person, they are contraband. Imagine using a subpoena to demand the return of $10k stolen by a bank robber. In the words of Asha Rangappa, a subpoena implies the recipient is the lawful custodian or bailor of the property. That’s why the govt has to clear a hurdle and provide a reason to get it.

If you are an unauthorized possessor, you are simply a thief holding stolen property."

"A subpoena does not limit the receiving party’s use additional people (attorneys, clerks, mail rooms) to fulfill the production [sic]," tweeted Stzrok.

"Third, the government may need to prove the expected damage. A defense attorney might argue, well, if these documents are so sensitive, why did you allow my client and all these other unauthorized people to sort through them? They’re obviously not really that potentially damaging," he asked. "Additionally, a similar argument might apply to the speed of the government’s action: you say these documents are so terribly sensitive? Then why did you wait a year to come and get them when you believed they were in an unauthorized place?""

https://www.rawstory.com/trump-classified-information-argument/

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You can bet hersuit will rebutt this with something ridiculous.
It's amazing he hasn't threatened to put you on ignore for showing how silly he is all the time.
Maybe he is oblivious to looking silly or he gets paid more than enough to seed the grassrotts to inspire to a civil war to worrry about looking silly?
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You can bet hersuit will rebutt this with something...

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