Rudy Giuliani, the former mayor of New York City and the White House attorney for former President Donald Trump, likens the FBI's Monday raid of Trump's Mar-a-Lago estate in Florida to something you'd see from a Communist state, a Nazi-era state, or "banana republic [style of government] that becomes a dictatorship, and putting your predecessors in jail."
The Democratic Party may be quietly hoping the FBI raid leads to criminal charges against former President Trump, but Giuliani confidently told Newsmax on Tuesday there's no real chance of that happening — despite reports of 15 boxes being carried out of the Trump resort.
The Presidential Records Act of 1978 "contains no criminal penalty" for former U.S. presidents taking records out of the National Archives, says Giuliani, a former U.S. attorney, while appearing on "Spicer & Co." with hosts Sean Spicer and Lyndsay Keith.
Instead, Giuliani says criminal penalties are only reserved for individuals who "knowingly and willfully" conceal or destroy archived documents.
"A lot of Democrats are licking their lips right now, thinking [Trump] won't run" for president in 2024, but there will be no conviction in this situation, offers Giuliani. "Congress can't add to or reduce qualifications to run for president. ... This is the usual Biden, illegal, beyond-the-Constitution, trashing-the-Constitution [stuff] ... trashing the Bill of Rights, and I have no doubt the [FBI] affidavit contains false statements."
While speaking to Newsmax, Giuliani acknowledged the threshold for raiding the home of a former president would seemingly have to be "very, very high," since it hadn't occurred in the previous 246 years of American history.
At the same time, Giuliani says the FBI and Justice Department were unwise to secure the warrant signature of a simple magistrate judge for something so historic — instead of a federal judge with an "impressive" record.
"This particular guy" — magistrate Judge Bruce Reinhart — "left the U.S. Attorney's office and went to work immediately for Jeffrey Epstein," says Giuliani, while noting that Reinhart has a "checkered history" with unethical behavior which runs separate from the Epstein dealings.
"Any important case, when I was a U.S. Attorney, involved [the signing off of an] Article III judge," says Giuliani. "We had numerous wiretaps on the mafia ... and they were all supervised by Article III judges."
Giuliani has plenty of prior experience with conducting raids. He also knows the feeling of being raided by the FBI, which occurred back in April 2021.
The federal agents were searching for Trump-presidency-related materials, says Giuliani.
"They were civilized in the way they did it," says Giuliani, hearkening back to eight federal agents in his apartment having signed collection warrants for all of the former mayor's electronics.
And the feds took everything — minus two pieces of electronic evidence involving someone close to President Joe Biden.
"[The feds] didn't want the two hard drives of Hunter Biden — one with the child pornography, and one without," recalls Giuliani. "And I said, 'But I'll give you both.'"
Giuliani claims the FBI refused the Hunter Biden hard drives from his now-infamous laptop and he found that puzzling.
As for President Biden, Giuliani has trouble believing the White House had no advance knowledge of the FBI's Monday raid on Mar-a-Lago.
"I don't know if [President Biden] will remember, but I'm sure he was informed," says Giuliani.
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