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Subject: The Search Warrant 'Trick' --Newsmax

The Search Warrant 'Trick'

By Jack Thompson
April 24, 2000 4:13 PM

The Clinton Administration's procurement of a "search warrant" to
raid Elian's refuge is a window into how out-of-control these
goons are.

First off, you don't get a search warrant for anything other than
inanimate objects.  INS Commissioner Doris Meissner was asked on
CBS's Face the Nation: "What were you searching for?" At this
point, gales of laughter among lawyers had to follow her answer:
"The boy."

You get an arrest warrant to seize a person.  But Elian is not a
criminal, so no arrest warrant would be appropriate either.

When Eric Holder, number two at Justice, was asked by Judge
Andrew Napolitano why the government didn't get a court order
authorizing the raid, Holder said, not knowing of the trick with
the search warrant, "We didn't need an order."

Napolitano, then correctly, pointed out that they sure did, since
they asked for one from the 11th Circuit.

So, the government, knowing they couldn't get an order
authorizing the forced taking of the boy, went to a lowly
magistrate and got a useless search warrant ...  useless legally.
But useful on Sunday talk shows so that they could falsely but
plausibly say they had a "court-ordered search warrant"
authorizing the raid.

But Bob Shieffer, in his common sense training, understood that
this was not a search; it was the first change of custody in
American history without a court order and at the point of a gun.

NewsMax now has the actual "search warrant" issued as a phony
pretext for the pre-dawn raid upon Elian's refuge.  Upon review,
it appears that the Clinton administration acted more unlawfully
than even NewsMax suspected.

The warrant, in order to be issued, required Reno's Justice
Department to assert that the boy, Elian, was a "concealed
person"; that is, that the Justice Department did not know where
he was by virtue of his being hidden.

Did not everyone on the planet except Janet Reno know where the
boy was? All the media of the modern world were in front of
Elian's house because everyone knew he was there!  He came out
almost every day to play. If he was to be taken, without a court
order, which the 11th Circuit refused to give, then he would be
taken from that house and that house only.

But "concealed person" is the word required on any search
warrant. The Clinton Justice Department used that word in a
context defining it as the opposite of its clear meaning in order
that the White House spinners would be able to say, dishonestly,
that a court approved the raid.

Elian's whereabouts were not concealed.  They were know to an
absolute certainty.  Which is why the search warrant was
illegally obtained and void, thereby rendering the taking of the
boy ^ with no legitimate judicial approval ^ illegal in yet
another way, unknown until the search warrant became public.

This is an administration that does not know what "is" is, and
uses "concealed" when disclosed would be the right word.  Only
the truth is here concealed from a naive majority by a president
and administration betting heavily on P.T. Barnum's "sucker born
every minute" maxim.


####



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