“Towards thee I roll, thou all-destroying but unconquering whale; to the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee.”
–Captain Ahab, Moby Dick by Herman Melville
It came as no surprise to anyone that Liz Cheney (R-WY) lost her primary to retain her seat as Wyoming’s only Congressperson. “With 80% of the vote counted before midnight, (Harriet) Hageman was leading Cheney by more than 32 points.” The daughter of the former Vice President was doomed to lose her seat months ago, when “(t)he Wyoming Republican Party voted…to censure Rep. Liz Cheney and also asked her to resign for her vote last month to impeach then-President Donald Trump after the insurrection at the Capitol on Jan. 6.”
But Liz Cheney won’t give up her own hunt for the white whale. “Cheney told CBS News‘ Robert Costa that Tuesday’s primary is “certainly the beginning of a battle that is going to continue to go on”…(i)n her closing message, Liz Cheney made it clear that her focus remains squarely on Trump: ‘The lie that the 2020 presidential election was stolen is insidious. It preys on those who love their country. It is a door Donald Trump opened to manipulate Americans to abandon their principles, to sacrifice their freedom, to justify violence, to ignore the rulings of our courts and the rule of law.'”
Liz Cheney is only one example of our national leaders who have decided to spit their last political breaths at Donald Trump. The most obvious, and glaring example of this unreasonable hatred of the 45th President is the search warrant recently executed at Mar A Lago by 30 Agents from the Washington DC office of the FBI.
The Florida Federal Magistrate who signed the warrant, Bruce Reinhart, “attacked President Trump for his comments about former congressman and woke hero John Lewis…(i)n a Facebook post dated 14 January 2017 (before he was appointed a Magistrate), Reinhart (said) “Thank you, (former Labor Secretary) Robert Reich, for saying what many of us feel…John Lewis is the conscience of America. Donald Trump doesn’t have the moral stature to kiss John Lewis’s feet.”
Perhaps after his appointment, Magistrate Reinhart had repudiated these feelings about President Trump? Not according to Reinhart himself; “U.S. Magistrate Judge Bruce W. Reinhart in West Palm Beach, Fla…recused himself from the former president’s lawsuit against Hillary Clinton and other Democrats in the Russia collusion scandal, citing concerns he couldn’t be impartial…'(t)he undersigned Magistrate Judge, to whom the above-styled cause has been assigned, hereby recuses himself and refers the case to the Clerk of Court for reassignment pursuant to 28 U.S.C. § 455,” Reinhart wrote in his order of recusal in the Trump v. Clinton case. You can read the document here: Trump v. Clinton
“The statute that the magistrate cited for his recusal states in part that a judge ‘shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned’ and then describes the various circumstances that could trigger such concerns. They include ‘a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts’ or prior work as a lawyer for a party involved in the case. Reinhart’s order did not specify the conflict or source of his concern for recusal.”
The Recusal Order is dated June 22, 2022. Six weeks later, on August 5, 2022, Magistrate Reinhart signed the search warrant for Mar A Lago. Did his concern that his “impartiality might reasonably be questioned” evaporate in that time?
A reading of the search warrant indicates otherwise.
Magistrate Reinhart’s warrant authorizes a search of “1100 S Ocean Blvd, Palm Beach, FL 33480…described as a resort, club, and residence located near the intersection of Southern Blvd and S Ocean Blvd. It is described as a mansion with approximately 58 bedrooms, 33 bathrooms, on a 17-acre estate. The locations to be searched include the ’45 Office,’ all storage rooms, and all other rooms or areas within the premises used or available to be used by FPOTUS and his staff and in which boxes or documents could be stored, including all structures or buildings on the estate. It does not include areas currently (i.e., at the time of the search) being occupied, rented, or used by third parties (such as Mar-a-Largo Members) and not otherwise used or available to be used by FPOTUS and his staff, such as private guest suites.”
Note the very broad area to be searched – “all storage rooms…all other rooms or areas within the premises used or available to be used by (former President Trump)…all structures or buildings on the estate.” Pretty much covers the whole place, doesn’t it?
Equally broad is the description of the items to be searched for: “All physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071 , or 1519, including the following: a. Any physical documents with classification markings, along with any containers/boxes (including any other contents) in which such documents are located, as well as any other containers/boxes that are collectively stored or found together with the aforementioned documents and containers/boxes; b. Information, including communications in any form, regarding the retrieval, storage, or transmission of national defense information or classified material; c. Any government and/or Presidential Records created between January 20, 2017, and January 20, 2021; or d. Any evidence of the knowing alteration, destruction, or concealment of any government and/or Presidential Records, or of any documents with classification markings.”
A list of what items weren’t covered by this warrant would have been shorter.
Blinded by his hatred of Donald Trump, perhaps Judge Reinhart forgot that a search warrant must identify a specific place to be searched, and particular items to be seized. “The Fourth Amendment (to the United States Constitution) itself identifies the criteria for obtaining a lawful search warrant. A police officer, or other official seeking a warrant…must ‘particularly describ[e] the place to be searched, and the persons or things to be seized.’ A search warrant is invalid if it covers too broad an area or does not identify specific items or persons.” (Emphasis added).
As noted in the case of United States v. Galpin, 720 F3d 436 (2nd Circuit, 2013), The chief evil that prompted the framing and adoption of the Fourth Amendment was the ‘indiscriminate searches and seizures’ conducted by the British ‘under the authority of ‘general warrants’…(t)o prevent such ‘general, exploratory rummaging in a person’s belongings’ and the attendant privacy violations…the Fourth Amendment provides that ‘a warrant may not be issued unless probable cause is properly established and the scope of the authorized search is set out with particularity’…the Supreme Court has held that the particularity requirement ‘makes general searches … impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant’…we have emphasized that ‘a failure to describe the items to be seized with as much particularity as the circumstances reasonably allow offends the Fourth Amendment because there is no assurance that the permitted invasion of a suspect’s privacy and property are no more than absolutely necessary.’” (Citations omitted).
Following these general principles, and reviewing the extremely broad language of the search warrant quoted above, it is obvious that Magistrate Reinhart authorized a “fishing expedition” at Mar A Lago, when he should have (a) recused himself from hearing the warrant application, as he did six weeks earlier, (b) limited the search location and items to be searched for, or (c ) reject the search warrant all together as overbroad.
Only someone who bears unreasoning hatred for the 45th President can justify a search so repugnant to the standards established by the Fourth Amendment. Someone like Liz Cheney. Or Magistrate Bruce Reinhart.
Much blame for this violation of the former President’s rights can be assigned to the Department of Justice and the Federal Bureau of Investigation. However, the court which issues the search warrant is the gatekeeper, sworn to uphold the Constitution and insure that the rights of the accused are protected and respected.
In this respect, Magistrate Reinhart has utterly failed at his job. Instead of maintaining impartiality and respect for the requirements of the law, Bruce Reinhart joined the hunt.
“Aye, aye! and I’ll chase him round Good Hope, and round the Horn, and round the Norway Maelstrom, and round perdition’s flames before I give him up.”
Captain Ahab, Moby Dick by Herman Melville
Judge Wilson served on the bench in NYC