Commentators on Fox News were making all kinds of claims of how outrageous this action is, while other commentators on other cable stations were stressing that Trump often acts in defiance of the law, as if he should be given special privileges.
The Department of Justice does not comment on on-going investigations. Neither does the FBI, which would normally sign off on the search warrant as a necessity for their investigation. If it an unreasonable search, the law is on Trump side. Nothing gathered in an illegal search can used in any court case.
The former president’s protection against unreasonable searches comes from the Fourth Amendment. Prosecutors must convince a judge that the search warrant is justified based on current information. The fact that Trump’s home has been searched does not mean he has violated any law. The AG may find there is insufficient evidence to hold Donald Trump personally responsible for the removal of documents.
The Attorney General does not owe Congress an explanation as to why Trump’s home was searched. I do not believe the AG should testify in front of Congress in either an open hearing or closed session. Important information on the investigation will leak out. The Justice Department should move as quickly as possible to either bring charges or close out the investigation.
Per Bloomberg news: “All of a president’s official papers, no matter how trivial, are considered public property, not his alone, according to the Presidential Records Act of 1978. When the president leaves office, those papers go to the National Archives and later as part of a presidential library.”
Also, the article goes on to state: “Theft or destruction of federal records is a felony punishable by up to three years in prison — and disqualification from federal office. But it’s unlikely that the law applies to the office of president, because those qualifications are set out in the Constitution.”
I also have great trust in FBI Director Christopher Wray, a Trump appointee, and AG Merrick Garland, in following all the rules in obtaining and executing the warrant.
The independence of the Department of Justice and FBI is critical. They did not inform the White House, and that is exactly correct.