The Justice Department Was Dangerous Before Trump. It’s Out of Control Now
VIA MATT TAIBBI SUBSTACK| September 20
EDITORS NOTE: This article is republished from the website SUBSTACK. The plethora of actions taken by the Federal government ostensibly to protect the public from terrorism have encroached on the traditional boundaries of civil liberties. Matt Taibbi is self-described liberal who wonders what has happened to the push back that would normally come from the civil liberties community. A long read, but our SaddleBrooke readers are sophisticated consumers of media and deserve access to out of the mainstream opinions.
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On Monday, August 8, Justice Department officials spent nine hours raiding the Mar-a-Lago home of Donald Trump, carrying out 12 boxes of material. When criticism ensued, FBI spokespeople in wounded tones insisted the press eschew the harsh term “raid,” and use “execution of a search warrant” instead.
“Agents don’t like the word ‘raid,’ they don’t like it,” complained former assistant FBI counterintelligence director turned MSNBC analyst Frank Figliuzzi. He added with unintentional irony: “It sounds like it’s some sort of extrajudicial, non-legal thing.”
But it was a raid, as the surprisingly enormous number of people who’ve been on the business end of such actions since 9/11 will report. The state more and more now avails itself of a procedural trick that would have horrified everyone from Jefferson to to Potter Stewart to Thurgood Marshall. Investigating, say, one lawyer, prosecutors raid a whole firm, taking everything — emails, client files, cell phones and personal computers — then have a supposedly separate group of lawyers, called a “taint” or “filter” team, examine it all. In this way they learn the private details of hundreds or even thousands of clients in a shot, all people unrelated to the supposed case at hand.
But, they say, don’t worry, we’re not using any of those secrets, you can trust us. After all, we’re United States Attorneys. (And their paralegals. And legal assistants. And, perhaps, a few IRS or DEA or FBI agents, whose only job is to make cases against the types of people in those files. But still, don’t worry). Just because the whole concept of attorney-client privilege, as well as the 1st, 4th, 5th, and 6th Amendments — guaranteeing rights to free speech, against unreasonable searches, and to due process and legal counsel, respectively — were created to bar exactly this kind of behavior, they insist the state would never abuse this authority.
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