March 6, 2019

It’s always great to receive letters from readers who have real-world experience to share, even when it means my commentary has put me in the “hot seat.” In this case, my comments about ranking Republican on the House Intelligence Committee Devin Nunes sparked a reply by someone with a background in law enforcement, specifically, obtaining search warrants.

From David:

I totally disagree with you and Nunes. There are existing laws that were blatantly broken by personnel in the FBI and the Justice Department. Why don't we enforce existing laws instead of creating new laws that obviously will not be enforced?

I am a retired law enforcement officer who was involved with the creation of numerous search warrants. If I did not disclose all the information that would be relevant to the search warrant, and the information had to be properly vetted, once the judge and my department learned of my deception, I would be terminated and charged with violating someone’s constitutional rights. Nunes, why are these people not in prison? I would be!

From the Gov:

Thanks for writing, David. I get the sense from your letter that we actually do agree on quite a lot, and that Nunes would, too. Certainly he shares our belief that some people should be in prison who are not, but he as a member of Congress can’t put them there.

We agree that there are existing laws that have been broken, and that existing laws should have been enforced, as they would have been in the hypothetical scenario involving you. But they haven’t been in this case, at least so far, so what to do? Would you agree with Nunes and me that we have, in practice, a two-tier justice system, and that a chronic lack of transparency has contributed to this over many years? As long as we have this situation,, laws will continue to go unenforced or selectively enforced. So that’s where the reform needs to be.

Commentary continues below advertisement

Of course, Nunes is a legislator, so I’m reminded of the old adage that “to a carpenter, every problem looks like a nail.” Writing new laws that won’t be enforced isn’t going to do any good. But re-writing existing laws and policies to make it harder to enforce the law inconsistently, well, that makes some sense.

Nunes’ list of names is one way to make the investigation and the law apply to all, not just Republicans. Mueller’s probe and, now, the myriad House investigations are obviously so politically motivated that they won’t even look at what “Team Hillary” did that was clearly illegal. Nunes is right to turn the “interview” list over to Lindsay Graham, who has subpoena power in the Senate and will use it. This is how you use the existing system to enforce existing law.

But it appears that existing law, as currently written, needs to be examined, mostly from the standpoint of transparency. The FISA court seems to operate as a sort of “star chamber”; even now, to my knowledge, not one of the FISA judges has spoken about what happened in the case of Carter Page. We have serious problems with oversight, of the FISA court and also of the special counsel, as it was possible for someone with unbelievable conflicts of interest (Rod Rosenstein) to supervise Mueller for virtually the entire investigation, and any suggestion of placing limits on the special counsel was attacked as “obstruction.” And the rules about unmasking were easily skirted by the Obama DOJ; we need to look at how our principle of protecting the privacy of Americans can be better codified into enforceable law.

This kind of reform is not going to pass in the Democratic House, which won't even touch it.  In the meantime, in the name of transparency, Nunes has called for complete declassification of everything related to the Trump/Russia probe. I agree that sunlight is the best disinfectant. Except for protecting information that would damage an innocent person caught up in this mess, I say “go for it,” and let the chips fall.



Leave a Comment

Note: Fields marked with an * are required.

Your Information
Your Comment
BBML accepted!

Leave A Comment

Note: Fields marked with an * are required.

Your Information
Your Comment
BBML accepted!

Comments 1-25 of 31

  • Paul Miller

    03/07/2019 01:09 AM

    I have another question about this then. Why are you and every single republican senator in office writing, calling, and personally talking to the AG to recommend he bring charges on these people, including the FISA judges that are saying nothing about this? Are they not obstructing justice by doing nothing about this? The democrats are having no problem dragging elected officials into court and making them pay for even the smallest mistakes they made, why in the hell are you not doing the same? Pleaser answer this for me. It makes no sense that they can do this but you can't!

  • Marilyn Fischer

    03/07/2019 12:35 AM

    I so appreciate people who can express their opinion without becoming "toxic"!! Thank you, Mike, and your incredible daughter, Sarah, for being honest, forthright, and standing up for America and our constitutional Republic and "Rule of Law"!!! You are both CREDITS to our beloved America, who, too often, is "debited" of the "greatness" GOD has bestowed upon us! Thank you, both, for standing strong against those who desire to deplete and destroy America of all she was created to be! Please, keep praying for President Trump and his family as they have endured vicious attack after vicious attack as they strive to keep AMERICA "FIRST", while the "Left" (Green New Deal) strives to make AMERICA "Last"!!!

  • April G

    03/06/2019 11:22 PM

    I just wanted to let you know that your daughter does and awesome job! I admire her courage and ability to standup and tell it like it is.

  • Michael A Diaz Jr

    03/06/2019 05:46 PM

    There is a 2 tier system because there ARE truly 2 tiers. As long as our congressmen and career politicians are under a different system than the rest of the country, (ie. separate health insurance plans, retirement, etc.) they will always feel that they are better than the rest of the folks. We are not really ALL in this together.
    I know it would be political suicide but someone should be brave enough to propose legislation that would make EVERYONE subject to the same rules and conditions as the rest of the citizens. If congress were under the same yoke, you would see a lot of things get fixed.

  • David Prentler

    03/06/2019 05:17 PM

    Thank you for commenting on my reply, you have no idea how much that means to us, my wife and I. We were just at your show on the 1st and you sign my wifes Huckabee tshirt after the show. Keep up the good work. you keep educating thousands everyday with a dose of common sense!

  • Joseph

    03/06/2019 04:03 PM

    This is why the Founders planned to have Government a part time job for politicians and not a life time job. It is that way here in California as every year hundreds of new laws are put in place when none are needed. They think by doing this they are earning their money but in reality they are just stealing the taxpayers money. 99% of crimes can be solved by going back to the 1950's and just enforcing the laws we had then. Politicians no longer care about doing the right thing and it is all about how much money they can make by telling so many lies. America is at the drain and only one thing can save it. Revolution. Then start over from the ground up. If you think this problem can be solved any other way just look at the last 68 years. Neither political party has been able to curb crime or crooked politicians and that's because they have no common sense. We have a bloated Government who is now the biggest employer in the Country with so many people collecting checks for doing absolutely nothing.

  • Norm Grodi Sr.

    03/06/2019 03:50 PM

    Hey governor,

    You have a security issue with your website.
    I went from read comments back and then to leave comment and it pre-populated someone else's name and email. Please fix this!

    Now onto my comment...
    We need to stop giving cover to "Never Trumpers" and RINO's like McConnell. These people need to be called out instead of making excuses for them. I live in Kentucky and I am disgusted with McConnell and now Rand Paul wants to get all Constitutional about national emergencies. Where was all of this grandstanding when obama was in office? These guys are better Democrats than Democrats. Even now under the guise of "The Constitution" they will likely vote against the president's declaration of a national emergency to fix the border and yet illegals are pouring across the border in larger numbers than ever before! These guys are hypocrites and the reason it seems like President Trump is going it alone in Washington, because he is! They lie to us everyday and no one holds them accountable. They don't want a wall because outfits like the Chamber of Commerce and big business want cheap labor. Let's stop pretending Republicans are noble. They are at least as big a slime balls as Democrats. While they say they are opposed, by their actions they hand Democrats victory after victory. There really is a uni-party. These guys are playing on the same team but in different uniforms!

  • Norman North

    03/06/2019 02:45 PM

    RE: Justice and Border Security
    Maybe it would be appropriate to rid our Congress of communists, socialists and jihadists and consider placing them in "cages."
    We have a nation to run. We can't afford Hollywood communists or anyone else getting the upper hand so we are handcuffed and unable to solve the very serious problems in this nation.

  • Paula Crow

    03/06/2019 02:10 PM

    I’m a little confused by this recent push for all the documents and about the 81 subpoenas. Couldn’t the President refuse because of the precedent the left let Eric Holder, Chyerl Mills, and countless others set? I know the right wants to retain the higher ground, but it’s time for them to get just a little dirty too, and play by the rules set by the left. I’m get frustrated that the Democrats keep coming out of the swamp looking like they just went to the beauty parlor. Thanks for you newsletters. I love them. Thanks for letting me vent. God bless you and your amazing daughter

  • Oscar R. Williams

    03/06/2019 01:01 PM

    The FISA Court is also suspect. That's why no FISA Court judge has come forward. THEY screwed up, playing "palsie" with FBI. Remember, it was Obama's FBI and DOJ, and of course, Hillary was supposed to win! President Trump's election threw a hundred monkey-wrenches into their well-oiled political machine. Now, their hold on the "deplorables" over whom they presided was in serious question. The FISA judges are cowering in the corner somewhere hoping the Big Bad Wolf (W. Barr) doesn't come huffing and puffing at their house, because, it isn't brick-solid.

  • Tarrie Geiger

    03/06/2019 12:39 PM

    I have been wondering why President Trump doesn't make any comments on his reason for running for President was to drain the swamp. In my mind, draining the swamp might mean to get the alligators, crocodiles and snakes really upset with me and come after me with poison. Oh, is that what the alligators, crocodiles and snakes are doing in Washington. Coming after the President because he is getting too close to draining the swamp????

  • Bonnie J Smith

    03/06/2019 12:33 PM

    I hear you and believe you Mike. I just want to see less talk and more action. What can and will be done to all these law breakers who should be in prison? Starting with Obama, Hillary, Schumer. Dems, etc.

  • Ali Cain

    03/06/2019 11:41 AM

    If this was the Democrats, they would have the job done already. The Republicans have been dragging their feet, and need to stand up against all the bullies, and get the redacted information on all the crooks, and send them to jail !! American people are tired of this nonsense.
    If this is not dealt with now, it will only get worse. Thank you Mr. Huckabee; I really enjoy your newsletters. God Bless America.

  • Waylon Bush

    03/06/2019 11:40 AM

    Gov., all this is "full of sound and fury signifying nothing." To paraphrase Bobgoblin (TV cartoon) No investigation, no charges, no consequences. End of story. Dems are untouchable. Talk, talk, talk, talk, talk, talk blah, blah, blah, blah... Ain't gonna happen.

  • Carolyn BECKWITH

    03/06/2019 11:37 AM

    I have to agree with David and I don't have a law degree. There are people that need to go to jail. The democrats are trying to impeach the president before the election because they know he will be elected again!! There are so many people that are sick of the way the far left is going with this made up scavenger hunt. We are out here watching what is happening and its not pro American!! Republicans need to step up and speak out. They are beginning to look like a bunch of cowed people.

  • Marilynn Hoyt

    03/06/2019 11:16 AM

    That has been my question all along, why aren't all of these people in jail, from Hillary on down. This has been allowed to go on much longer then it ever should have. I love President Trump, but he needs to clean house. The sooner he does the easier things will get. And as long as I'm ranting, REPUBLICANS need to get behind our president!!!!!!!!!!

  • Vernon B Thompson

    03/06/2019 11:06 AM

    Sadly, while I agree that something needs to be done to demonstrate that there is equal protection under our laws, I have no faith we will ever see it. I thing the Deep State is so deep and the circle of members is so tight that we will never know the truth!

  • Carl Serkland

    03/06/2019 10:37 AM

    If you call someone a lawmaker, he/she feels the need to make laws. What we need is lawKEEPERS, who will tend the law, weeding out bad ones, healing broken ones, and trying to make the entire body of the law more healthy. Kind of like a shepherd.

  • Teddy Woodward

    03/06/2019 10:36 AM

    At what point do we, as LAW ABIDING AMERICANS, ADMIT that "our government" is BROKEN BEYOND REPAIR, and is REALLY an INTERNATIONAL CRIMINAL ORGANIZATION. The crimes that have and are being committed EVERY SECOND OF EVERY DAY in the name of "American democracy" are beyond the WILDEST DREAMS of the average Joe, and if you get your news from the MSM you are a BOOB of INCALCULABLE PROPORTIONS, because they are ALL CONTROLLED by the SAME PEOPLE who control our HOPELESSLY CORRUPTED government. This "Russian collusion" CRAP has done a GREAT JOB of showing Joe six-pack what INSANE LIARS these people are. Unfortunately, Joe doesn't have the JUDGEMENT necessary, the initiative, or the inclination to do ANYTHING OF VALUE. He drinks his or her beer and wine, watches sports and lets himself, the country and the world take it up the rear with NO effort to do ANYTHING to help solve these problems. I live in Nashville a couple of miles from the stadium where the Titans play. As I was crossing the Koreans Veteran bridge next to the stadium, I thought, "wouldn't it be NICE and COOL if EVERY SUNDAY, we could get 50,000 people in every major city in the country to GATHER in ONE PLACE, and try and figure out HOW we can make this WORK BETTER, and do USEFUL THINGS, like MELTING TAR, PLUCKING CHICKENS, and SPLITTING ENOUGH RAILS to run these BASTARDS OUT OF TOWN. The way we ALLOW a DINGBAT like Alexandria Ocasio-Cortez to have ANY SAY in our affairs is IMBECILIC! She and her campaign manager have ALREADY BEEN CAUGHT STEALING over a MILLION DOLLARS. Or the lovely Jerry Nadler. 'Ol Jerry used to tip the scales at around 4-500 POUNDS. I think, if you aren't capable of managing your OWN BODY, WHY IN GOD'S NAME would I trust you to make ANY DECISIONS FOR ME?!
    If we Americans don't WAKE UP, put down the alcohol, turn off WHATEVER sport is on, and PAY ATTENTION and DO SOMETHING OF VALUE, the Boltons', Abrams' and the WHOLE MOTLEY CREW are going to get us into WWIII, and we're going to LOSE EVERYTHING. The BRICS nation's (Brazil, Russia, India, China) are FED UP with American sanctions, which is MONETARY WARFARE, and aren't going to back down any longer. They SEE what the good 'ol USA has done in Korea, Viet-Nam, Afghanistan, Iraq, Libya- and have watched people like the shreiking WITCH Hillary LAUGH at the BRUTAL MURDER of Muammar Ghaddafi, who had made life DRAMATICALLY BETTER for his people. They look at us and say, "NOT HERE BABY". They have already run us out of Syria,THANK GOD, and have let us know in NO UNCERTAIN TERMS that they aren't going to allow another AMERICAN RAPE of an oil rich country. I remember speaking once to a man who had worked for G H W Bush. He said, "if 100,000 Iraqis have to DIE so I can get gas for a dollar a gallon, so be it". I ALMOST FAINTED! I remember thinking, "NO WONDER THEY HATE US! SO DO I!!! Or the lovely Madeleine Albright, Secretary of State for the Clinton CRIME FAMILY, when asked by Leslie Stahl, if the 500,000 IRAQI CHILDREN that had DIED as a DIRECT RESULT of American SANCTIONS was WORTH THE PRICE. She said, well, YES, we think it was WORTH IT. I DESPISE ANYONE who thinks LIKE THAT. We GOOD, HARD WORKING Americans deserve a HELL OF A LOT BETTER THAN THIS, but we'll NEVER GET IT SITTING ON OUR HANDS. It's WAY PAST TIME to stand up for the LIVES and DIGNITY of ALL PEOPLE. LOCK 'EM UP AND THROW AWAY THE KEY. The ENTIRE WORLD will THANK US! TW

  • Harold Levi

    03/06/2019 10:26 AM

    Please join and support the Convention of States (COS) organization! It is trying to get an Article V Convention of States called so that Constitutional Amendments can be made to correct this and other errors in the Constitution, such as defining Natural Born Citizen. Yes, the Founding Fathers made mistakes in writing the Constitution and said they did and that we should make amendment to correct the Constitution as the mistakes became known.

  • Hadassah Wilkinson

    03/06/2019 10:21 AM

    Oh, if only we had more men of your caliber in Washington!! I pray God will raise up more true patriots and give them power over the forces of darkness that are trying to destroy our country. Thank you Mr. Huckabee for all you do

  • Janet hoover

    03/06/2019 10:19 AM

    It's hard to understand why it's possible for Democrats to set up Trump for all kinds of investigations - show me the man and I'll conjure up a crime - but all the dirty deeds of Billary and cohorts are never brought to justice. On one hand we have no crimes, but endless vicious attacks and investigations, and on the other obvious crimes with no law enforcement response. Can anyone explain?

  • Thomas Hussman

    03/06/2019 10:11 AM

    There are "informants" and there are "confidential informants" and my favorite "confidential reliable informants." The rule pertaining to the use of any informants is simple, but when you are dealing with search warrants there is always a possibility for fireworks. If there is one area in law enforcement where frequent and consistent mistakes are made, it is without doubt, in the vicinity to the subject of search warrants. The weight and value given to the information by the reviewing judge sometimes requires a discussion between the judge and the officer applying. Some State systems permit any law officer to apply and execute a search warrant. The Federal system mandates involvement by a prosecutor who actually writes the warrant on behalf of the affiant. Then the agent takes the prosecutor's work product to a judge or magistrate for discussion and signature. The term "probable cause" is an interesting subjective. Exigent circumstances is another problem. In the cases of a wire interception warrant, or a trap and trace request, compared to an "El Chapo" raid on a border tunnel, the same degree of scrutiny is supposed to be used during the evaluation of the information put forth and the decision to sign a given warrant or not. Volumes of writings and thousands of law suits attest to the problems in this area. Just one example will clarify I hope. Let's say I am a police officer in Oklahoma and my superior told me to get down to the interstate and stop the flow of Uranium 235 coming across from California to Arkansas. I know from previous experience that tall blonde alien looking men driving purple SUVs usually carry the evil substance and I set out to smite these evil doers. I go down to the interstate and start stopping every purple car, truck and SUV believing in my experience. I even stop the lavender Cadillacs. But lo and behold - not one of them have any U235. As a good officer I knew some things to be true, and I wanted other things to be true, so I just mashed my thinking together in the hopes I would get lucky and it would all work. This is what happened with Mr. McCabe. He knew there were Russian agents operating, and he knew the FISA process. He observed some things that he desperately wanted to believe because they matched his paradigm. He rationalized things that seemed to be true, but were not. When similar standards and thresholds used by McCabe were used by others to evaluate McCabe, and wife, McCabe looked like he saw a ghost. The system is failing because it refuses to accept that "Blind Justice" is an entirely different animal than "Reasonable Suspicion." Probable Cause comes in many pretty packages, but the mere existence of Probable Cause shouldn't permit a Russian Counter-Espionage detective to bring down the President of the United States, or a ditch digger in Iowa. The standards must exceed the mean or our jails will continue to be filled with innocent ditch diggers and former politicians.

  • marida binsted

    03/06/2019 10:07 AM

    /why didn't they go after the Democrats when Hillary got that oil from Russia. The democrats did a lot to try and stop Trump. That is well known and no one has gone after them. I think Adam Schiff is scared to death the truth is going to come out. Mr. Trump should release that information. It is a sad state of affairs when the people we elected, both Democrats and Republicans, cannot be civil to one another. I am 89 years old and have voted ever since I became the legal age to do so and never have I seen this country is so much disarray. God help us all if some adult does not stop that young woman and take control of their party. Shame on them for sitting back and letting her speak for your party.

  • Coleen Bane

    03/06/2019 10:03 AM

    It would be wonderful if we were operating under the same laws for justice that David worked under. Not now! So it seems that those who are seeking revenge and have malice toward our President could get back some of the same injustice they are dealing out--Love your neighbor as yourself--must be an encouragement to have back the same treatment they are dishing out!!! May our representatives understand that being nice and lawful has given those who are unlawful a distinct edge!!! Senator Rand's stance against President Trump as an example. It would be wonderful if all Republicans stood together for once!!!