The Blogs: The Wall

My mother had an expression.

“Ikh meyn nist im, ich mein di vant.” or “I don’t mean him (or her), I mean the wall.”

It was my mother’s effort to immunize herself from the sin of “loshen hora” (forbidden speech).

My mother was a modest, humble woman but sometimes there was a stop sign so large that warning must be sounded.

Merrick Garland, Attorney General of the United States authorized judicial application for a search warrant on the home of the former president of the United States and current, though unannounced, leading opposition candidate for the 2024 presidential election.

The search warrant was signed by Bruce Reinhardt, Federal Magistrate in West Palm Beach FL and the raid took place on Trump’s home in Palm Beach on August 8, 2022.

There is no way to contort this to make it reasonable.

For many criminal defense lawyers, prosecutors and trial court judges the issuance of a search warrant under the instant circumstances (Trump was cooperating with the FBI, had authority while president to declassify any document, the documents were not at risk of destruction, the FBI’s recent history of swearing to fabricated facts, Garland’s record hostility towards conservatives. He termed parents protesting Critical Race Theory teaching “domestic terrorists”) was improper and an abuse of process.

The raid further damaged the FBI’s credibility diminished when it refused to take action on the “longest confession in American history” (per former Trump Senior Advisor, Stephen Miller) found on Hunter Biden’s abandoned laptop; failed to anticipate several mass shootings; enabled the Russian hoax and on and on.

The subject Federal Magistrate made an anti-Trump statement in the past. On January 14, 2017, while in private law practice, he tweeted “Donald Trump doesn’t have the moral stature to kiss John Lewis’s feet”.

When faced with mounting criticism of the raid, Attorney General Garland responded with a threat, Let me address recent unfounded attacks on the professionalism of the FBI and Justice Department agents and prosecutors. I will not stand by silently when their integrity is unfairly attacked.

What will happen next?

In the cauldron: Congressional FBI oversight hearings once Republicans take over the House and potential impeachment of Merrick Garland.

Possible charges against the federal magistrate who signed the search warrant for violation of Code of Conduct for United States Judges.

The Code lists five Canons.

Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary

Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities

Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently

Canon 4: A Judge May Engage in Extrajudicial Activities That are Consistent With the Obligations of Judicial Office

Canon 5: A Judge Should Refrain From Political Activity

In a perfect world, a federal judge would suppress the findings of the search warrant, order return of the seized documents, prohibit their dissemination and issue sanctions against the DOJ and FBI.

But of course, I don’t mean any of it. I mean the wall.