Marysville Appeal-Democrat

The search of Trump’s Mar-a-lago compound, as seen through the eyes of a veteran FBI agent

- By Frank Montoya Jr.

Let me start by stating the obvious.

The execution of a federal search warrant at the residence of a former U.S. president is more than an extraordin­ary occurrence.

Fact is, things like that just don’t happen.

Pick a presidenti­al scandal in our history – Teapot Dome, Watergate, Iran-contra or Whitewater. It just doesn’t happen. Not until Monday, anyway, when a host of FBI special agents, lawful warrant in hand, rewrote the history books forever.

Now, let me tell you why the FBI search of the former president’s Mar-alago residence in Florida on Monday is such a big deal.

The former president of the United States is suspected of committing a crime. As obvious as that may seem given all that has transpired over the past seven years – yes, you would be spot on for thinking “duh” – the fact of the matter is that, as a nation of laws, we’ve never had a president who has been so antipathet­ic towards them.

Still, while no one, not even a former president, is above the law, the presumptio­n of innocence is an important tenet of American jurisprude­nce. We, all of us, even corrupt former presidents, are afforded the rights set forth in the U.S. Constituti­on when it comes to things like searches and seizures, protection­s against selfincrim­ination, and the right to trial by jury.

Two centuries of justice under a constituti­onally establishe­d rule of law ensures that.

Which is why the criticisms coming from the supporters rushing to the former president’s defense in the wake of the search make no sense. Those supporters, many of whom are lawyers, know what due process and the rules of evidence are. They claim to be well-versed in the Bill of Rights. What’s more, their phony outrage directly undermines that long tradition of American jurisprude­nce.

The FBI executes search warrants all the time. Contrary to the fearmonger­s and conspiracy theorists amongst us, they are not political acts. Not even when directed against a politician. The reason for their use is simple and straightfo­rward – to find evidence of a crime.

The process to obtain a warrant is also straightfo­rward (though not always simple). Investigat­ors and prosecutor­s working together set forth facts obtained during an investigat­ion to establish a “reason to believe” (also known as probable cause, or PC) that a crime was committed. In the case of a bank robbery, for instance, those facts might include a detailed descriptio­n of the robber, a license plate of the getaway car, fingerprin­ts, the amount of money stolen, and other informatio­n of an evidentiar­y nature from witnesses, confidenti­al human sources or technical means. Those facts are then presented to a magistrate who reviews them and decides whether or not to authorize the warrant. If a warrant is authorized, investigat­ors proceed to the location to be searched and execute it.

In the matter of the search executed on the former president’s residence, all these steps were surely followed. And then some. I speak from experience that a search like this, especially in the current political environmen­t, would have been scrutinize­d at all levels of the FBI and DOJ before it even went to the magistrate. From a practical

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