Memos obtained by Just the News reveal the Biden White House made “a mockery” of the nation’s standards for executive privilege, waiving that protection for President Trump after he left office, and likely pushed for a criminal probe that to date has included an unprecedented FBI raid on Trump’s home.
The disturbing details come from memos obtained by the news organization, and when he reviewed some of them, Alan Dershowitz, a longtime Democrat and noted Harvard law professor, warned of the implications for the nation.
He explained the Biden White House’s eagerness to waive Trump’s executive privilege could create issues in the future.
“The current president should not be able to waive the executive privilege of a predecessor, without the consent of the former president, Otherwise, [privilege] means nothing. What president will ever discuss anything in private if he knows the man who beat him can and will disclose it?”
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He said the issue of waiving privilege for a former president remains to be decided by the U.S. Supreme Court.
“The best thinking is that an incumbent president cannot waive the right of the previous president. It would make a mockery of the whole notion of privilege.”
The report explained, “Long before it professed no prior knowledge of the raid on Donald Trump’s estate, the Biden White House worked directly with the Justice Department and National Archives to instigate the criminal probe into alleged mishandling of documents, allowing the FBI to review evidence retrieved from Mar-a-Lago this spring and eliminating the 45th president’s claims to executive privilege.”
Those details come from government documents reviewed by Just the News.
The report said then-White House Deputy Counsel Jonathan Su was in negotiations with the FBI, DOJ and National Archives as early as April just after 15 boxes of classified and other materials were voluntarily returned to the federal historical agency from Trump’s Florida home.
Su then told Archives that Joe Biden “would not object to waiving his predecessor’s claims to executive privilege,” the report explained. And that decision “opened the door for DOJ to get a grand jury to issue a subpoena compelling Trump to turn over any remaining materials he possessed from his presidency,” Just the News said.
While the details come from a variety of memos and emails long before the FBI’s full-forces raid on Trump’s Mar-a-Lago home, the report said the most complete “summary” of the manipulations came in a letter from acting National Archivist Debra Steidel Wall to Trump’s lawyers.
She pulled back the curtain on the Biden White House agenda.
“On April 11, 2022, the White House Counsel’s Office — affirming a request from the Department of Justice supported by an FBI letterhead memorandum — formally transmitted a request that NARA provide the FBI access to the 15 boxes for its review within seven days, with the possibility that the FBI might request copies of specific documents following its review of the boxes,” Wall wrote.
“That letter revealed Biden empowered the National Archives and Records Administration to waive any claims to executive privilege that Trump might assert to block DOJ from gaining access to the documents,” Just the News said.
“The Counsel to the President has informed me that, in light of the particular circumstances presented here, President Biden defers to my determination, in consultation with the Assistant Attorney General for the Office of Legal Counsel, regarding whether or not I should uphold the former President’s purported ‘protective assertion of executive privilege.’ … I have therefore decided not to honor the former President’s ‘protective’ claim of privilege,” Wall charged.
Just the News concluded the memos are “the most definitive evidence to date of the current White House’s effort to facilitate a criminal probe of the man Joe Biden beat in the 2020 election and may face again as a challenger in 2024. That involvement included eliminating one of the legal defenses Trump might use to fight the FBI over access to his documents.”
In an interview with “Just the News, Not Noise” show, Rep. Jim Jordan, R-Ohio, explained “the left” has been “out to get President Trump” because he threatens the “deep state” that maintains control over much of America’s government operations.
“That’s why they were out to get him before he was in office, and they set up the whole Russia collusion hoax. It’s why they tried to get him while he was in office. And of course, obviously they continue to do so now that he’s left. It’s just never going to end,” he said.
When the issue arose, it took only days for the Biden White House to grant the deep state a blessing on plans to overrule Trump’s privilege assertions.
A report at Breitbart explained that the new evidence strongly reveals the Biden White House involvement in the latest DOJ attack on Trump, “although the White House previously claimed to have ‘no advanced knowledge’ of the recent FBI raid on Mar-a-Lago.”
It was the DOJ and its FBI that in 2016 worked on behalf of Democrat nominee Hillary Clinton to create the now-debunked Russiagate conspiracy theory and launch that campaign against Trump, who then was a candidate for president.
That campaign continued even after he was elected, and even after special counsel Robert Mueller had evidence that the claims that Trump’s campaign colluded with Russia were fiction.
In fact, there is a standing court precedent that has not been challenged, dating from the Bill Clinton years, that concludes if documents are in the possession of a former president, they are presumed to be his personal property.
Further, that court ruling declares a president can simply declassify documents, not being required to follow the procedures other officials are held to.
Trump has said the documents he had already had been declassified.