Add yet another big legal problem for trump

Discussion in 'Free Speech Alley' started by Rex, Sep 8, 2022.

  1. rockwallfan

    rockwallfan Founding Member

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    Besides, trumps a grifter. Always has been. Would you be shocked if they find he has sold some of this highly classified material? I wouldn’t be.
     
  2. Jmg

    Jmg Veteran Member

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    nah there is precedent for this. presidents have many times discussed things that no one else on the planet is allowed to mention. by deciding they want to talk about it, its effectively declassified.


    thats why trump will not get in real trouble. the media doesnt want to tell you this, they want to keep you clicking and watching and reading etc. selling trump's downfall is a lucrative business.
     
  3. Jmg

    Jmg Veteran Member

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    there is no reason to believe he would do that, no evidence for it. you just made it up. the media sells you this so they can profit off your attention.

    have you noticed that the media has claimed trump is finished before? they were wrong. have you considered at all why they make these errors? why did they say the walls are closing in so many times? did they know something i didnt? why do they keep saying it even today when its never been right?
     
  4. rockwallfan

    rockwallfan Founding Member

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    you're wrong and you're a disgusting example of a patriot.
     
    Last edited: Sep 25, 2022
  5. kcal

    kcal Founding Member

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    bears repeating… posted this on 8/18/22. some of y’all need to read it again:


    precedent established?

    https://justthenews.com/politics-po...-tapes-bill-clintons-sock-drawer-could-impact


    Old case over audiotapes in Bill Clinton's sock drawer couldimpact Mar-a-Lagosearch dispute
    When it comes to the National Archives, history has a funny way of repeating itself. And legal experts say a decade-old case over audio tapes that Bill Clinton once kept in his sock drawer may have significantimpact over the FBI search of Melania Trump's closet and DonaldTrump's personal office.

    The case in question is titled Judicial Watchv. National Archives and Records Administration and it involved an effort by the conservative watchdog to compel the Archives to forcibly seize hours of audio recordings that Clinton made during his presidency with historian Taylor Branch.

    For pop culture, the case is most memorable for the revelation that the 42nd president for a time stored the audio tapes in his sock drawer at the White House. The tapes became the focal point of a 2009 book that Branch wrote.

    U.S. District Judge Amy Berman Jackson in Washington D.C. ultimately rejected Judicial Watch's suit by concluding there was no provision in the Presidential Records Act to force the National Archives to seize records from a former president.

    But Jackson's ruling — along with the Justice Department's arguments that preceded it — made some other sweeping declarations that have more direct relevance to the FBI's decision to seize handwritten notes and files Trump took with him to Mar-a-Lago. The most relevant is that a president's discretion on what are personal vs. official records is far-reaching and solely his, as is his ability to declassify or destroy records at will.

    "Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President's term and in his sole discretion," Jackson wrote in her March 2012 decision, which was never appealed.

    "Since the President is completely entrusted with the management and even the disposal of Presidentialrecords during his time in office, it would be difficult for this Court to conclude that Congress intended that he would have less authority to do what he pleases with what he considers to be his personal records," she added.

    You can read the full ruling here:

    memorandum opinion.pdf
    The judge noted a president could destroy any record he wanted during his tenure and his only responsibilitywas to inform the Archives.

    As to whether records a president concluded were personal can be forcibly seized after he leaves office, the court concluded it was unreasonable to force NARA to go get the tapes

    "Because the audiotapes are not physically in the government's possession, defendant submits that it would be required to seize them directly from President Clinton in order to assume custody and control over them," Jackson noted. "Defendant considers this to be an 'extraordinary request' that is unfounded, contrary to the PRA'sexpress terms, and contrary to traditional principles of administrative law. The Court agrees."

    That defendant was the same Justice Department that authorized the raid on Trump's estate. You can read their arguments a decade earlierhere:

    Hearing Transcript.pdf
    Jackson also concluded that a decision to challenge a president's decision lies solely with the National Archives and can't be reviewed by a court. If the Archives wants to challenge a decision, that agency and the attorney general can initiate an enforcement mechanism under the law, but it is a civil procedure and has no criminal penalty, she noted.

    The search warrant the FBI enforcedsought two types of records: classified materials and records created during the Trump presidency. Trump has been adamant the records he took to Mar-a-Lago were both declassified and deemed personal by him.

    Some government lawyers reached out privately to Just the News in recent days questioning the use of the FBI to collect presidential records, citing Jackson's ruling and suggesting it was a civil and not criminal matter where deference to Trump is required by law.

    On the classification issue, both Presidents George W. Bush and Barack Obama signed executive orders — which remain in force to this day — declaring that presidents have sweeping authority to declassify secrets and do not have to follow the mandatorydeclassification procedures all other government officials do.

    The Jackson ruling and the declassification powers have left some experts worried the FBI raid was heavy-handed under the current laws.

    Kevin Brock, former assistant FBI director for intelligence, told Just the News the bureau's search warrantwas overly broad and went beyond what the FBI manual for agents recommended. "Specificity is important in order to protect fourth amendment rights from exuberant government overreach designed to find whatever they can," he told Just the News.

    Brock added he did not believe DOJ and FBI had authority to criminalize the retention of presidential records.

    The warrant "apparently makes a novel legal assertion that anypresidential record kept by a former president is against the law," Brocksaid. "You have to wonder what the other living former presidents think about that. They have the right and, apparently, clear desire to remain silent."

    Tom Fitton, the president of Judicial Watch who was on the losing end of the Clinton sock drawer case, said he believes Jackson's ruling could have a profound impact on the coming legal battles over the Trump search.

    "The government, the lawyer for the Archives, said, 'You know what? If documents are in the former President's hands, where they'represumptively personal, we just, you know, we presume they'repersonal,'" Fitton said.

    "The Justice Department previouslyhad told us in response to a question about Bill Clinton: 'Tough luck, it's his.' But they changed their mind for Donald Trump?" he asked. "… The law and court decision suggests that Trump is right. And frankly, based on this analysis, Trump should get every single document they took from him back. It's all personal records."

    Aug 18, 2022Report
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  6. Jmg

    Jmg Veteran Member

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    lack of a counterargument noted
     
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  7. Rex

    Rex Founding Member

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    Actually, it's probably the legal strategy his lawyers should be taking. "He was just too stupid to know any better."
     
  8. Jmg

    Jmg Veteran Member

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    legal precedent is ignored. @Winston1 hears clowns in the media say the walls are closing in, and he believes it as fast as he can. every time without exception. no amount of wrong predictions can ever convince him that they will ever be wrong. he literally wont even discuss the concept of media credibility.
     
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  9. LSUpride123

    LSUpride123 PureBlood

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    So on to the next thing then?

    Intent seems pretty important.
     
  10. Rex

    Rex Founding Member

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    Uh, no.

    The Presidential Records Act distinguishes presidential records from personal records, and Judge Jackson ruled that Clinton's tapes of his private conversations with reporters were personal.

    No serious person can argue that the classified documents trump took, involving the nuclear capabilities of a foreign country as well as documents that were such a high level of classification that only Cabinet-level or higher could view them, are personal. And Judge Dearie is about to confirm that.
     

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