“Moderation in temper is always a virtue; but moderation in principle is always a vice.”
August 2022


Don’t Do it

Dear Judge Reinhart,

Please do not unseal the FBI affidavit showing probable cause to approve a search of Mar-a-Lago. There are several reasons, only some of which have been argued in the press.

  1. That’s the point, it’s all been in the press. Has proper legal process been employed in petitioning you? I think not, the argument has been made by complaining politicians and Bonespur’s publicity machine. Have you seen sworn statements?
  2. Don’t let our legal system be hijacked by the victim myth of a known liar and possible felon. Nixon flirted with that in his interview with David Frost in 1977, when he said, “Well, when the president does it, that means that it is not illegal.” Trump believes what his father told him, that he is a king.
  3. The FBI is rightly concerned that disclosure might compromise sources and methods in its investigation. They should not be put in this position, particularly not by Tucker Carlson.
  4. Perhaps most important, justice would not be served, even for Trump. The legal standard for a lawful search is a showing of probable cause. That was shown adequately within the Justice Department before asking you for a search warrant, then shown adequately in sworn statements before you. That’s how it should be.
  5. Any meaningful disclosure of the FBI’s petition will inevitably start the circus parade. People on both sides will scream for their favorite result and no mention will be made of the criminal conviction standard of proof beyond a reasonable doubt. As you well know, that is more stringent than probable cause. Exposing the facts here, which have not been fully explored, defined and labelled, without benefit of a trial and cross-examination, is an affront to our system of justice. Bonespur understands the Fifth Amendment, he invoked it more than 400 times just the other day. In truth, his lawyers do not favor unsealing the affidavit because they are betting it shows some criminally bad behavior. But Bonespur cares nothing for our system and legal rules. His is the rule of the mob and the quiet splendor of the contributed money arriving in his coffers.

Don’t take the bait, Judge. He will not respect you in the morning.