I agree with you that 4th amendment rights have been violated. I agree the DOJ has been involved in a fishing expedition.
I am curious to your thoughts on the probable cause defense. I think DOJ will argue they had probable cause to raid MaraLogo, based on BS statements from national archives. What do you think Trumps probable cause defense is?
This will almost certainly go to USSC.
Glad you asked Magnum, thank you.
First, the Supreme Law of the Land:
The 4th Amendment begins with confirming that one has the right to be secure in his person and his belongings from government interference (unless there is probable cause (PC) of committing a crime). (The 4A doesn’t grant the right, it simply confirms the right with which the Declaration of Independence (DOI) has declared we are endowed by God upon birth.
The body of the Constitution, in which the states ratified the transfer of certain limited and enumerated powers from the States and the people to the central government, doesn’t transfer that power from individuals to the federal government so the 4A simply confirms that this right of security from the government belongs to the individual - true with all first eight amendments which are wrongly called a “bill of rights”).
So, based on our basic God-given right to security from the government, in order to even start an investigation, the government must have legitimate reasonable suspicion (RS) that a crime was committed. Reasonable suspicion requires articulated and specific reasons why the prosecution believes the defendant committed a crime. “Hunch” or something other than facts that can be articulated are not good enough to detain or investigate.
Probable cause (PC) goes a step further. PC goes from “possible” (RS) to “probable” (PC), again requiring articulation of facts that a crime was PROBABLY committed, enough that prosecution could reasonably believe a judge would issue a warrant.
Next, the facts of the case:
I don’t know the facts or the specific federal law well enough to judge in this case.
However I will say that the Leftist Congress and Biden and his administration including the DOJ & FBI, have broken the law many times in having NO articulated reasonable suspicion BEFORE they begin their investigation, much less PC to formally accuse (”indict” or “impeach”). I think it is safe to presume that these actions of this rogue and corrupt government are also absent RS or PC.