Monday, August 8th: The Day the FBI Crossed the Rubicon

(The opinions expressed in guest op-eds are those of the writer and do not necessarily represent the views of

Monday’s raid on Mar-A-Lago is not the first time in this nation’s history that the FBI has been involved in using its law enforcement authority to benefit the political party in power. For 48 years, J. Edgar Hoover used the offices of the FBI to create political intelligence reports that were given to the president. It did not matter if you were a Republican or a Democrat; Hoover misused his power to benefit the president so that the president would ensure that the FBI expanded its scope, budget, and authority.


After the death of Hoover, the public became aware of the misuse of power by the FBI, and Congress had the backing of the people to institute reforms on the runaway bureaucracy. Unfortunately, 50 years after the death of Hoover, the FBI has embraced its tarnished image of being a political hatchetman for the president. Many now have legitimate concerns about the integrity of our nation’s top law enforcement agency.

At this time, official details of what led to the FBI raid are limited. According to one Trump attorney, who was only allowed to view the search warrant at first, it had something to do with the Presidential Records Act. That attorney, Christina Bobb, said the agents were also “looking for classified documents, evidence of a crime as far as classified documents go.” However, the FBI never raided Hillary Clinton’s home after it was confirmed that she had classified documents on a personal server. It is this perceived unequal execution of the law that is causing the reputation of the FBI to wane.

Bobb said that the affidavit used to establish probable cause is sealed, so what led to the raid is not known at this time. A possible scenario is that some bureaucrat at the National Archives was able to convince another bureaucrat at the Justice Department to go after a former president for documents that they wanted that he still had. This is one of the main problems with bureaucracy. The United States was established as a Republic where there are supposed to be checks and balances and the government is responsive to the people.


In the same way that J. Edgar Hoover did special favors for the presidents he served to expand the FBI, so too the current bureaucracy is attempting to amass more authority by ensuring that it stays in the good graces of the DNC. Justice is supposed to be blind, but when the people can see obvious examples of unequal application of the law, the people will not tolerate such hypocrisy.

Congress created the FBI, and Congress has the full authority to reorganize, modify, or disband the organization. Nothing in the United States Constitution requires this nation to have an FBI. In fact, the argument could be made that the Constitution does not permit an FBI since the Tenth Amendment reserved the power to enforce the health, safety, and general welfare of the people to the states (police powers).

This November the people of the United States will have the opportunity to vote. If the silent majority expresses its dissatisfaction with Joe Biden and the Democrat leadership at the polls, the Republicans will take over the House and the Senate. With strong majorities in the House and the Senate, Republicans must start investigating the political abuses of the FBI.

While we do not know today what the outcome of those investigations will produce, one can be sure that at the very least, there are going to be some modifications made to the structure and authority of the FBI. For the last decade, the FBI has become too political for the comfort of the American people, and this last Monday, the FBI crossed the Rubicon.


Mark Meuser is a constitutional attorney with the Dhillon Law Group and is the Republican candidate for U.S. Senate for California.



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