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CMUHoo

Joined: 09/19/2008 Posts: 3846
Likes: 6800


Maybe the lack of legal training led him to misinterpret it...


Courtesy of Politifact:

"Bradley Moss, a Washington-based lawyer who works on national security cases, said Trump’s allies have misconstrued the Clinton socks case.

The socks ruling addressed whether a private party — Judicial Watch — could get a court to order the archivist to determine whether Clinton had improperly designated the audiotapes recorded during his presidency as personal.

​​"The court concluded that the Presidential Records Act did not give the judiciary that authority to require that of the Archivist," Moss said in an email to PolitiFact. "This alternate dimension Mr. Trump thinks exists because of the case in which he can do whatever he wants with records from his presidency insulated from other statutory provisions like the Espionage Act is the stuff of lunacy."

Trump was indicted under a provision of the Espionage Act that prohibits unauthorized possession of information related to national defense that could be used to injure the U.S.

Jason R. Baron, former litigation director at the National Archives and Records Administration, also told PolitiFact that the Clinton recordings fit the definition of a "personal record."

"In contrast, the boxes of records taken to Mar-a-Lago appear to overwhelmingly contain records pertaining to the official business of the White House, and therefore should have been transferred immediately into the legal custody of NARA as presidential records," Baron said.

Baron said, "No prior case has held that a president has absolute discretion to designate official government records — classified or unclassified — as his own personal records."

Jackson’s ruling cited a prior appeals court opinion that said, "We did not hold (in a prior case) that the President could designate any material he wishes as presidential records, and thereby exercise virtually complete control over it notwithstanding the fact that the material does not meet the definition of ‘presidential records.’"

Baron said, "it would contravene the very reason Congress created the Presidential Records Act were a court to allow a president to designate official records as his own personal records to do with what he pleases."

There is no requirement that a subsequent federal district court judge must follow Jackson’s socks ruling. District court opinions are not binding on other district courts."

(In response to this post by JMHoo)

Link: Politifact


Posted: 06/20/2023 at 09:13AM



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