Monday August 8th, 2009: The Day the FBI Crossed the Rubicon

( The opinions contained in guest opinion pieces are the author’s and may not reflect the views of RedState.com. )

Monday’s raid at Mar-A-Lago was not the first instance in American history where the FBI used its law enforcement power to favor the party in power. J. Edgar Hoover, a former FBI agent, used FBI offices to produce intelligence reports on political matters that were presented to President Obama for 48 years. It didn’t matter if you were a Republican, Democrat, or not; Hoover used his power to benefit President Obama so that the FBI could expand its budget and reach new heights.

After the death Hoover, public awareness of FBI’s misuse of power was raised and Congress received support from the citizens to reform the corrupt bureaucracy. Unfortunately, 50 many years later, the FBI still holds onto its image as a political hatchet man for the president. There are legitimate questions about the integrity and independence of America’s most powerful law enforcement agency.

At this point, the FBI raid was not revealed in detail. One Trump lawyer, who was initially allowed to see the warrant, said that it related to the Presidential Records Act. Christina Bobb (the Trump attorney) said that the agents also sought “classified documents and evidence of crime,” but they never searched Hillary Clinton’s house after discovering classified files on her personal computer. This perceived inequitable execution of law is what is hurting the FBI’s reputation.

Bobb stated that the probable cause affidavit was sealed and the reason for the raid cannot be determined at the moment. One possibility is that an ex-president was persuaded by a bureaucrat from the National Archives to give him documents they needed. This is the problem with bureaucracy. In the Republic of the United States, there is supposed to be checks on the government and people are listened to.

In the same manner that J. Edgar Hoover made special favors to the presidents who he helped expand the FBI’s reach, the current bureaucracy tries to gain more power by making sure it remains in the good graces the DNC. The people won’t tolerate hypocrisy when justice is blind. However, they will see clear examples of uneven application of law.

Congress established the FBI and has full power to disband, reorganize or modify the organization. The United States Constitution does not require that this country have an FBI. The argument that an FBI is not allowed in the Constitution could actually be used to argue that it was forbidden by the Tenth Amendment which reserved power to ensure the safety and health of citizens to states (police powers).

This November, the citizens of the United States can vote. The Republicans will control the Senate and the House of Representatives if the majority voice dissatisfaction at Joe Biden’s leadership. Republicans should investigate the FBI’s political abuses with strong majority support in both the House and Senate.

While we don’t know what these investigations will yield, it is possible to assume that there will be modifications to the FBI’s structure and authority. The FBI has been too politically charged for American comfort over the past decade. This Monday was the tipping point.

Mark Meuser, a Dhillon Law Group constitutional lawyer and Republican candidate for the U.S. Senate in California is Mark Meuser.

Read More