AMAC Exclusive – By Daniel Berman
Talleyrand once remarked of a particularly egregious act on the part of his oft-capricious master, Napoleon Bonaparte, that “it was worse than a crime. It was a mistake.” That famous quote, it seems, captures the situation Democrats now find themselves in following the raid on Donald Trump’s home at Mar-a-Lago.
Taking a step back from the justifiable outrage over the recent FBI raid on Mar-a-Lago, and from concerns over the damage it inflicted on the reputation of law enforcement and fraying respect for partisan norms, a bigger mystery emerges. What, precisely did the Biden administration – and Attorney General Merrick Garland in particular – hope the raid would accomplish if they approved it? And what possible justification exists which would justify for Democrats throwing away the argument on which they have hung their opposition to Donald Trump, both in and out of office for the last seven years, about the importance of “norms” over the strict letter of what is legal?
The answers are not pretty. We now know Attorney General Merrick Garland authorized the raid personally, ostensibly over a dispute regarding classified material. We further know that the DOJ and FBI have been in talks with the former president’s team for months, and twice, upon request, documents have been transferred to DC. Two conclusions emerge. First, that it was clearly possible to settle these disputes over the security of documents civilly and without a recourse to force. Secondly, even if negotiations had broken down temporarily over particular documents, the urgency of any raid must be called into question. Whatever documents were at the center of the dispute, whether “nuclear” or related to French President Emmanuel Macron, they had been in Mar-a-Lago for over 18 months. The onus of the FBI and the Biden administration must be to prove why their presence in Florida did not pose a threat to national security justifying this sort of unprecedented raid for 18 months, but somehow did in month 19.
Let us first consider the most generous interpretation. That Garland, like Victor Hugo’s Inspector Javert from Les Misérables, believes that there is no potential crime too petty to justify treating it like a terrorist plot. Javert was an illustration of how blind principle could produce stupidity bordering on madness. In this case, if any such individuals believed that the presence of insecure classified records at Mar-a-Lago posed a national security threat, the nature of this raid ensures that the most critical national security concerns will be impossible to accomplish. Learning what records are missing and where they are is far more important to American national security than recovering a portion of them. If the FBI knows what is missing, it can take steps to remedy any vulnerabilities. Yet by raiding the home of the former president, the FBI has ensured a lack of further cooperation both by Donald Trump, who even if he wished to cooperate will not be permitted to do so by his lawyers, and by local law enforcement. Even if FBI officials were entirely disinterested in the partisan dynamics of the issue, and merely concerned with the letter of the law and national security, they have left themselves and the country worse off.
If the FBI can get off with pigheadedness, even if malice seems plausible, the Biden administration cannot get off so easily. After all, they, along with congressional Democrats and the media, have spent years lecturing everyone about the vital importance of “norms.”
The premise of Democratic discourse about “norms” is that there are informal rules on which the American system is founded. They may not be strictly legal or constitutional, but they serve a strong regulatory function. While it has become clear that many of these norms have been distorted or hijacked through institutional capture to advance a “woke” or partisan agenda, there is truth that norms have played an important role in human society. The heart of any conception of norms is that there are things you could legally do, but you do not because the consequences of doing so would be undesirable.
The irony of the raid is that it is perhaps the best example of the clash between norms and laws. It might very well be the case that some classified documents were unaccounted for, that the FBI had reason to believe they might be at Mar-a-Lago, and that “technically” this was a justification for a search warrant. It was also the case that Donald Trump was a former president, Joe Biden was his opponent in a bitterly contested election, and there remains a strong prospect of a rematch. Such a raid would involve armed law enforcement ultimately answerable to Joe Biden being used to raid the home of his possible opponent in the next election. Even if the raid was legal, and the documents real, that would have to be weighed against the perception the action was partisan, the destruction of faith in the institution of the FBI, and the tradition of not persecuting political opponents within the American system.
Just as Democrats argued Donald Trump should have foregone legal challenges he was entitled to undertake after the election, the exact same argument would have applied even more strongly to forgoing this raid given the likely damage to vital institutions. Instead, the Biden administration decided that when it comes to norms, only Donald Trump is obligated to follow them. Their hands are tied when some partisan lawyer presents them with a brief telling them what they want to hear.
It is stunning that this is the argument they have gone with. In the realm of public opinion, the raid took place on an issue that even to partisans looks petty. Even for the MSNBC-watching wine moms of America, the purported audience of the January 6 hearings, misplacing classified material sounds like jay-walking when contrasted with charges of coups, foreign plots, and other intrigues. The justification for the raid is one that even those who would claim the former president attempted some sort of “coup” cannot pretend to believe is important.
The effect then is to destroy the relative importance of the reasons why Democratic partisans hate the former president. By suggesting that an unprecedented raid on a man who may well be a candidate for president again in 2024 is justified on whatever basis is available because “he is a threat to the Constitution” is to confirm all of the charges that they are out to get Donald Trump, specific reasons to be determined later.
The “norms” argument has always been conveniently one-sided when it came from Democrats. It applied to Donald Trump when it came to personnel appointments, personal access to Twitter, and the 2020 election, but did not apply to Democrats or their supporters when it came to the Supreme Court. But if the argument suffered from hypocrisy already, its reduction to a technicality has finally killed it. By ordering the raid, the Biden administration has asserted that alleged mishandling of various documents is more important than the reputation of the nation’s top law enforcement agencies or the integrity of the Constitutional system in the eyes of tens of millions. And if, as is plausible, they saw political advantage in the raid, then they are willing to trade their own short-term political advantage for that same discrediting of institutions. In either case, it appears to have been worse than a crime. In destroying their own rationale for opposition to Donald Trump, Democrats may have made a mistake of historic proportions.
Daniel Berman is a frequent commentator and lecturer on foreign policy and political affairs, both nationally and internationally. He holds a Ph.D. in International Relations from the London School of Economics. He also writes as Daniel Roman.
We hope you've enjoyed this article. While you're here, we have a small favor to ask...
Support AMAC Action. Our 501 (C)(4) advances initiatives on Capitol Hill, in the state legislatures, and at the local level to protect American values, free speech, the exercise of religion, equality of opportunity, sanctity of life, and the rule of law.Donate Now
If what you say is the truth. It’s the truth. However, true or not, it’s irrelevant because the majority of US citizens neither understand nor care to understand, and worse yet, nothing will ever be done about it.
Whether or not one supported Trump, the worst error in judgement made by the Biden Administration and the Democratic Party was to cast Trump as “Everyman” in the sense that NO AMERICAN IS SAFE from an over-reaching toxic government. Such behavior speaks volumes to the true threat to our Republic.
I was not a fan of Trump unning on 2024. Now I am a supporter and hope he does to clean out the swamp once and for all.The dems and their TDS has exceeded all possibilities of stupidity.
I was also hoping that Trump would not run, and let somebody else take a shot at it. But after I’ve seen the BS pulled by the Left, there is a reason they are so scared of him, and want to destroy him….. I fully support him all the way, He’s probably the only one that can clean up the sewage that has filled the DC swamp.
The Democrats / Biden administration just handed “ WE THE PEOPLE “ a Christmas gift in August. 19 months go by / 90 days before the elections , and this is not a coincidence? Can this administration get anything right ? Blunder after blunder . . . keep up the good work. You’re making the victories in November to easy .
First a Red Wave and now a Red Tsumami. Regardless of what you call it, the Democrat and RINO vermin will be eviscerated in November. It couldn’t happen to more deserving people.
President Trump is not that stupid to keep classified docs in his home next question why would he want the when he knows every move he makes is being watched by the Dem Trump haters no reason for what they have done time to get the Trump haters out of Washington otherwise we will never have a honest government time to turn the election Red this November, our country will never be back the way it should be if this keeps going nothing but Trump this and Trump that with Dem Trump haters up in in the White House, what happened with Biden’s son nothing why not raid that dummies home they will find more than what they want to know about corruption at the highest level right now.
I have read and re read you statement. Can you please use punctuation? It would make so much more sense if you would. You have written what is called a run-on sentence. I think I’m understanding what you say, and I agree, but please use punctuation next time.
Excellent piece by Daniel Berman. The beginning paragraph and the last sentence are those I will always remember: “It was worse than a crime. it was a mistake” and “Democrats may have made a mistake of historic proportions”.
Would Donald Trump be stupid enough to ‘hide’ secret documents in his own apartment — for 18 months? He knew he was being followed and ‘secretly’ being taped even in the White House. If he wanted to remove top secret stuff he would surely have found a more secure place to put them. And did the FBI actually take his passport? Was that a secret document too? Or were they worried he’d skip the country?
WELCOME TO THE FOURTH REICH!
THE ONCE GREAT AND HONORABLE fbi, IS NOW THE RUSSIAN, KGB
What about Hillary’s laptop and all of that confidential stuff? This truly is strictly political aggressive mudslinging.
If anyone including all Democrats and media, and FBI would have thought this through would they have come up with Trump packed those boxes himself and then hid them in his wife’s underwear drawer? Seems far fetched to me. And not letting lawyers watch what was being searched everyone should be scared of that, for a couple reasons, they could plant their own evidence and if it can happen to any and all of us. What I heard that makes the most sense to me is a lot of the FBI agents involved in the raid are being investigated by Durham, and they wanted to find out what evidence Trump might have on that. Another thing the FBI didn’t think out before the raid is how many ordinary citizens now are going to refuse to talk to the corrupt FBI and the crazies out there may take it to extremes which will be a danger to some of the rank and file in the FBI. The lower people in FBI need to do more whistle blowing about the corruption in the higher ups of the FBI or else it will need to be dismantled completely and start a new agency where no political bias is allowed . And if anything looks political you are shot for Treason.
Wasn’t there a lot of that blocking of oversight in the 2020 election ballot count too?
The entire narrative is full of holes! If DJT had “nuclear secrets” why didn’t the feds pick them up in June ? Why did they get a warrant on Friday but not act until Monday? Why were they searching Melania’s closet? Why haven’t they released the affidavit which would give the REASON and the PERSON who wanted the warrant?
It’s just another DIVERSION to keep us from looking at Slow Joey’s many failures!
A marvelously well-written article. Thank you, Daniel Berman, for informing us!!
WE LOVE YOU MR. TRUMP! COME BACK TO US!!! #AmericaFirst
Does our government teach the whole people by its example?
Our government… teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. Democracy is the art and science of running the circus from the monkey cage.
I for one have lost faith in the FBI and the Justice Department. There is no longer equal treatment under law and these organizations are politicized. Why isn’t Hillary being prosecuted for improper handling of sensitive documents? Why isn’t Joe Biden’s son being investigated and his property seized? Why hasn’t Joe Biden been impeached for failure to enforce immigration law?
By what right do the government and the majority of corporate media determine what is and is not truth? That is the job of the American people!
Federal Campaign Laws have exempted the Corporate media, the voice of special interests and big money. The Democratic Party demanded these laws because corporations have too much money and influence in our elections. But, media corporations are corporations, with special interests and dependent on the advertising of yet other corporations and the wealthy.
The un-elected deep state bureaucracies have become the enemy of the electorate and the Republic!
Our leaders are criminals and they hate us for judging them!
The precedent they set is terrible and very undemocratic and the dumbest thing the U.S. government has done since not signing the Treaty of Versailles. And maybe the League of Nations.
Democratic norms: Hunter Biden, attempted assassination of Justice Kavanaugh, firebombing pregnancy help centers, torching American cities, abandoning Afghanistan, Benghazi, Hilary’s emails, Fast and Furious, Obama’s use of IRS as a weapon. You get the idea. America died on 8/8. FBI+DOJ+Biden=Gestapo or KGB We have a lot of work ahead of us. That work starts with prayer to Almighty God. He raised His Son. He can raise this nation once again.
Why not Hillary too? Tit for tat!!
This article is beyond well written . . . it’s downright poetic! Then there’s the delicious irony that FBI thuggery has convinced many, including myself, that Trump’s time to shine is 2024, when millions of RINO and leftist heads explode! And DeSantis will be there in 2028 to clean up after the elephants!