DOJ can’t use Mar-a-Lago evidence if FBI raid inappropriate

Alan Dershowitz, a professor emeritus at Harvard Law School and a renowned criminal defense attorney, said Monday night that evidence seized by the FBI in a raid on former President Donald Trump’s home would be discarded if the raid was inappropriate.

After telling Newsmax that the FBI raid appeared to be “misconduct” in the absence of further evidence, Dershowitz went on to explain:

I just hope this raid has some justification. If there is no justification, the material entered will be deleted. … The law is clear: you only engage in a raid if you have exhausted all other remedies. … Raiding is not a first resort in America. They are a last resort. And so the government will have to show a court, eventually, that it has exhausted all other avenues or that it had a reasonable basis to believe that the evidence would be destroyed if it were sought in the normal course of events, through of a subpoena.

Federal courts apply the exclusionary rule in criminal prosecutions, namely that evidence seized in violation of the Fourth Amendment should generally be excluded from prosecution, even if it implicates the accused in a crime. The FBI obtained a search warrant, the validity of which is presumed, but which Dershowitz believes may have been obtained improperly.

If the FBI and DOJ knew that evidence seized in Monday’s Mar-a-Lago raid was likely to be suppressed, that would lend weight to speculation that the purpose was political, rather than seeking the truth in a criminal investigation. .

Joel B. Pollak is editor of Breitbart News and host of Breitbart News Sunday on Sirius XM Patriot Sunday nights from 7-10 p.m. ET (4-7 p.m. PT). He is the author of the recent e-book Neither Free Nor Fair: The 2020 U.S. Presidential Election. His latest book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is the winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.


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