ACLU Celebrates Raid on Trump’s Lawyer: ‘The Rule of Law is Alive’

An activist holds a placard during the People's March on Washington infront of the White House on January 27, 2018 in Washington, DC. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)

The American Civil Liberties Union (ACLU) has published an article celebrating the FBI raid on Donald Trump’s personal lawyer as a victory for the rule of law — not a violation of attorney-client privilege and the president’s constitutional rights.

Earlier this week, the FBI raided attorney Michael Cohen’s office, apartment, and hotel room, seizing materials that included communications from Trump to his lawyer. The government typically cannot have access to those communications. In cases where it is necessary to study such communications, the FBI establishes a supposedly independent “taint team” that sifts through the material and, theoretically, only passes on evidence to prosecutors that does not violate attorney-client privilege.

However, critics allege that there is great potential for abuse, especially in a politically-charged case like this. They point out that such raids on attorneys are very rare, and argue that the president’s Fourth Amendment right to privacy, Fifth Amendment right against self-incrimination, and Sixth Amendment right to counsel have been compromised.

Harvard Law School professor emeritus Alan Dershowitz, one of the country’s foremost defense lawyers and a civil libertarian who supported Hillary Clinton for president, condemned the raid.

“If this were Hillary Clinton being investigated and they went into her lawyer’s office, the ACLU would be on every television station in America jumping up and down,” he told Fox News this week.

However, the ACLU not only condones the raid on Trump’s; it is applauding it.

ACLU legal director David Cole wrote on the organization’s website:

The ACLU is the nation’s premier defender of privacy, and we’ve long maintained that the right of every American to speak freely to his or her attorney is essential to the legal system. These rights are protected by the Fourth, Fifth, and Sixth Amendments, and we are second to none in defending them — often for people with whom we fundamentally disagree.

But we also believe in the rule of law as an essential foundation for civil liberties and civil rights. And perhaps the first principle of the rule of law is that no one — not even the president, let alone his lawyer — is above the law.  And no one, not even the president, can exploit the attorney-client privilege to engage in crime or fraud.

The attorney-client privilege has always included a “crime-fraud exception,” which provides that if you are using the attorney-client relationship to perpetrate a crime, there is no privilege.

We don’t know all the reasons and circumstances for the FBI search of Cohen’s office and home. News reports suggest that the focus is on Cohen’s payments to two women, adult film star Stormy Daniels and former Playboy model Karen McDougal to suppress their stories of affairs with Donald Trump, and that these payments may have been illegal. But what is clear is that prosecutors had to overcome high hurdles to obtain the search warrant. That the warrant was issued is not a sign that the attorney-client privilege is dead. It is, on the contrary, a sign that the rule of law is alive.

Notably, Cole did not mention the requirement that search warrants only be issued upon a finding of probable cause. In addition, the government apparently did not exhaust other means of obtaining the same information from Cohen that it seized in the raid.


ACLU Sues Feds over ICE Arrests in Oregon Courthouses

The American Civil Liberties Union in Oregon filed a lawsuit against the federal government this past week challenging the presence of immigration deportation officers at courthouses in the state.
Breitbart Texas reported on February 2 that the head of U.S. Immigration and Customs Enforcement (ICE) issued a directive ordering ICE officers to target criminal aliens appearing in courthouses.

U.S. Acting ICE Director Thomas Homan signed the order on January 10.

Director Homan wrote in the directive to law enforcement officials:

Federal, state, and local law enforcement officials routinely engage in enforcement activity in courthouses throughout the country because many individuals appearing in courthouses for one matter are wanted for unrelated criminal or civil violations.

Homan continued, “ICE’s enforcement activities in these same courthouses are wholly consistent with longstanding law enforcement practices, nationwide.”

“And, courthouse arrests are often necessitated by the unwillingness of jurisdictions to cooperate with ICE in the transfer of custody of aliens from their prisons and jails,” the ICE acting director added. Homan says the refusal by local police officials in sanctuary jurisdictions to comply with detainers endangers ICE officers and the community.

The policy is seen by some as a move against sanctuary jurisdictions where officers cannot pick up illegal aliens within the safe confines of a jail.

The ACLU, in the sanctuary state of Oregon, filed a federal lawsuit and asked that ICE officials be required to disclose how many immigrants have been questioned by immigration officers at or near Oregon’s state courthouses, reported The Oregonian. The American Civil Liberties Union is seeking records back to January 2017, just before President Trump took office on January 20.

The lawsuit also asks the judge to order ICE to reveal any policies about who is being targeted, any policy about wearing plainclothes, and policies about agents answering questions or refusing to identify themselves to those who they are detaining, reported the media organization based in Portland.

An ICE spokeswoman declined to comment about whether the agency was engaging in racial profiling because of the litigation; however, she said that ICE agents “uphold our laws while continuing to provide our nation with safety and security.”

An Oregon congresswoman became angry in 2017 when ICE officers questioned a man outside an Washington County Courthouse, Breitbart Texas reported.

U.S. Representative Suzanne Bonamici (D-OR) demanded answers from U.S. Immigration and Customs Enforcement officials after officers stopped a man on September 18 in the Washington County, Oregon, courthouse and asked him for his identification, according to information obtained by Breitbart Texas from the congresswoman’s office. When the officers learned the man was a U.S. citizen and not the suspect they were searching for, they went on with their business and did not detain the man she identified as Isidro Andrade-Tafolla.

In another case in Oregon this week, the ACLU successfully forced a university hospital to reverse its policy on denying transplant services to illegal immigrants. As reported by Breitbart Texas, the ACLU in Oregon is now pushing for hospitals in that state to change their policies of requiring proof of lawful presence for transplant services.


In Historic Decision, Supreme Court Throws Out Liberals’ ‘Holy Grail’ Case

Image result for Republican Governor Phil Bryant signs law

Liberals like to pretend they are tolerant of everyone’s belief system. The reality is that they are only tolerant of their OWN belief system.

Any person they encounter that does not 100% agree with their liberal viewpoints is instantly labeled a bigot, hater, or other words I cannot type out for this publication.

The Left’s hypocrisy knows no boundaries. They claim to love everyone for who they are but crucify anyone who stands up for their own beliefs that oppose the liberal agenda.

And that is why we have a silly case in the hands of the Supreme Court. Liberals thought a Mississippi law that allowed bakeries and photographers to decline taking gay-marriage jobs, based on their religious beliefs, is just pure discrimination. Well, the radical Left got a nice kick in the pants by the Supreme Court, who threw out the case and granted these private businesses their religious freedom.

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From The Daily Wire:

The Supreme Court of the United States declined to hear an appeal of Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act,” allowing a lower court ruling in favor of the law to stand, ensuring religious freedom in the Magnolia State.

The state legislature passed the law to give religious-minded citizens the freedom to not violate their conscience. The legislation does not allow a business owner to refuse service discriminately, but provides protections if someone declines to participate in a ceremony or event that might go against their religious beliefs.

Republican Governor Phil Bryant signed the bill into law in April 2016. The ACLU immediately sued the state, claiming that the legislation is discriminatory.

Image result for Republican Governor Phil Bryant signs law

District Judge Carlton Reeves struck down part of the law in June 2016, but a three-judge panel of the U.S. Fifth Circuit Court of Appeals reversed that decision. The court ruled that the plaintiffs could not “show clear injury-in-fact that satisfies the ‘irreducible constitutional minimum of standing,’” Life Site News notes.

The case then went to the Supreme Court, which declined to hear it, solidifying the Fifth Circuit’s ruling.

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“Senior Counsel Kevin Theriot of the Alliance Defending Freedom praised the decision. ‘We are pleased that the Supreme Court declined to take up these baseless challenges,’ he said. ‘Those who haven’t been and won’t be harmed by this law shouldn’t be allowed to restrict freedom for others.’

“He explained that the purpose of the law was to ensure that citizens ‘don’t live in fear of losing their careers or their businesses simply for affirming marriage as a husband-wife union.’”

This is great news for private businesses. They have the right to stand up for their own religious beliefs, without having to live in fear of liberals setting a legal trap for them anymore.

Now expect the Lefties to whine and cry to the media for not getting their way. We can only hope they will find their sacred safe spaces and leave us alone for a while.

Source: Daily Wire,