tv Washington Journal Kimberly Wehle CSPAN August 9, 2022 9:51pm-10:01pm EDT
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find scheduling information for c-span tv network and c-span radio plus a variety of compelling podcasts. it is available at the apple store and google play. download it for free today. your front row seat to washington anytime, anywhere. >> now, the latest on the fbi's search of donald trump's private home yesterday at mar-a-lago. this is from today's washington journal. >> kim whaley is a law professor at american university. let's begin with whether or not you can define this as a raid. what does that mean? raid is not a legal term. that is not a term i would use
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and it is a bit incendiary and misleading. this was the execution of a warrant under the fourth amendment of the united states constitution. the king of england at the time of the revolution have the power to issue general warrants. his officers could go into homes and randomly raid them. many steps of the process i have to go through in the federal government including three of the director christopher wray who was appointed by donald trump through the justice department and to judge and there is a standard. we call it probable cause but there has to be an affidavit articulating evidence under oath that demonstrates to the judge that there's probable cause to believe that there is evidence of a crime on the premises. the warrant has to be very
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particularized. the fbi or the people who conducted the search are not allowed to grab things that they want. if there is evidence of a crime in plain sight, they can take that. they protect materials that are not covered by a warrant. this is functioning as it should, the fact that it happens to be donald trump really is because he did not comply it looks like what the presidential records act. we all have to have accountability and consequences for our actions including former presidents. if he did not want to see something like this happen, he should have complied with the law. >> he said this is unnecessary, that he had been cooperating with all government agencies. >> again, that is his point of
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view but he did take 15 boxes, we know that. reportedly, they contained communications with kim jong-un. we also know from cassidy hutchinson before we testify -- we testified before the january 6 committee, top into mark meadows, donald trump chief of staff, that she witnessed him burning documents in the white house so unfortunately, donald trump's word is no longer, if it ever was, frankly, something that people can rely on. maybe people love him for that but that is not how the system of justice works. things have to be authenticated and verified in a long time ago with thousands and thousands out of the white house, donald trump lost the ability to stand behind his word. he is now a blinken in that regard. i have no access to the warrant. i don't know why the fbi decided they had to do this in order to
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preserve any records for fear that may be may be -- something could happen to them. donald trump's statement is unfortunately not something that i don't put a lot of weight into it when you look at the various levels of independent oversight that had to happen for yesterday's historic event to occur. host: what questions do you think that judge was asking the fbi when to him or her to get this warrant granted. >> the fact that it is a former president -- extremely high level of proof that there is probable cause. the fact that records were taken out of the white house has been public for a long time.
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speculation is not helpful in this moment. rest assured that this judge went kicking and screaming. that really put the justice department and the fbi through their paces and we don't know what additional evidence there is. alex jones turned over inadvertently through his lawyers in the sandy hook texas case text messages which included -- we don't know what those contained. mark meadows is in hot water potentially criminally as are other people within trump's orbit. it's impossible in this moment for the public to know what was in the affidavit to justify a federal judge's mind and in the mind of merrick garland and many other people that were involved in this process this historic
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and politically very fraught and troubling event that occurred yesterday. >> >> what happens next is, the material will be sorted, the warrant only justified taking materials that were articulated in the warrant. there is also something called the plainview dock or in, if they saw evidence that appeared to bear out a crowning -- bear out a crime even if it was not in the same topic of the warrant, they could take that material. there will be a sorting process and presumably a fresh eye on it to make sure that nothing was taken illegally outside of the scope of the warrant. the justice department will continue its investigation that has apparently been going on since spring about the taking of those mark -- records.
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there is the january 6 investigation, we know that the department of justice is investigating this late of fraudulent electors. there is a grand jury investigating, what we heard, donald trump asking former -- brad raffensperger to find 11,000 votes. that did not exist. this is related to other investigations and it's unclear of what they found related to the presidential record could be shared, but there are many gears turning right now. they are centered on donald trump and his inner circle. frankly, the fault lies with donald trump. not with the public servants who are effectuating their duties at this moment. we all have to stop at red light
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. we all need to be careful will meet -- when we cross the straits. -- cross the streets. and those are all roles that we just follow and if you don't there will be pushback, people want to know what happened. >> thank you for your time. >> thank you. >> c-span's washington journal, every day we are taking your calls alive on the air on the news of the day and we will -- alive on the air and we will discuss the news of the day and issues that impact to. we will discuss climate change with energy director. and then a new round of you -- and then we will discuss a new round of military assistance to ukraine.
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