The Soapbox

Los Angeles Hoo

Joined: 03/05/2014 Posts: 19690
Likes: 30185


Congress can pass whatever law it likes, but...


...that doesn't mean that the law is either enforceable or Constitutional, and this law has never even been tested in this manner. (The Clinton case was a lawsuit against NARA, not Clinton.) If the PRA were ever adjudicated in such a way that a president actually were prosecuted on it, then it would be tossed as unconstitutional for multiple reasons, including separation of powers and vagueness.

The reason that the PRA is a defense against the fraudulent espionage charges is because the law states that the president has SOLE responsibility for categorizing his docs. It lays out some vague ground rules for doing so, but it is toothless because the president still makes the call. If he categorizes a report on nuclear submarines as personal, then that may be unethical, but it's not illegal or unconstitutional because he has SOLE authority to do that. Which means it is beyond review. Which means he can't be prosecuted for it. A NARA bureaucrat doesn't trump that authority, and neither can another branch of government (i.e., the judiciary branch).

The espionage charges against Trump will ultimately fall apart based on numerous fatal flaws, and the PRA is one of them.

(In response to this post by SixerHoo)

Posted: 03/14/2024 at 6:13PM



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Current Thread:
 
  
JFC, Dementia Don has lost it -- Hoodeac 03/14/2024 08:51AM
  I use it all the time. It fits so many situations. ** -- BocaHoo91 03/14/2024 11:27AM
  Why yes, yes he could be. -- Hoodafan 03/14/2024 11:17AM
  No but you could ** -- HokieJamie 03/14/2024 11:13AM
  Here’s the quote, dunce. -- Hoodeac 03/14/2024 10:43AM
  Muh pressidant!!! ** -- hooshouse 03/14/2024 10:41AM
  Which part, the lies or the hyperbole? ** -- 111Balz 03/14/2024 10:24AM
  Fucking loon ** -- HokieJamie 03/14/2024 09:58AM
  LMAO. Look at the NewsMax guy’s face!! ** -- HoodatB 03/14/2024 09:49AM
  He clings to it for dear life. ** -- SixerHoo 03/14/2024 12:12PM
  Link to source from the law? ** -- WahooMatt05 03/14/2024 09:59AM
  You and I both know what…. -- Los Angeles Hoo 03/14/2024 10:13AM
  And her decision about the instant case of… -- Los Angeles Hoo 03/14/2024 1:26PM
  “In his sole discretion” ** -- Los Angeles Hoo 03/14/2024 2:12PM
  “Sole”. This isn’t hard. ** -- Los Angeles Hoo 03/14/2024 5:02PM
  Apparently it’s extremely difficult for you. -- SixerHoo 03/14/2024 5:27PM
  Congress can pass whatever law it likes, but... -- Los Angeles Hoo 03/14/2024 6:13PM
  Exactly. ** -- Los Angeles Hoo 03/14/2024 11:05AM
  Let me help -- WahooMatt05 03/14/2024 10:19AM
  The last sentence undercuts everything before it. Once again… -- Los Angeles Hoo 03/14/2024 10:22AM
  Categorically false ** -- Hoodeac 03/14/2024 09:59AM
  That’s a reasonable take on this, but, again, it… -- Los Angeles Hoo 03/14/2024 12:21PM
  No he doesn’t ** -- 111Balz 03/14/2024 10:28AM
  Perfectly stated. ** -- Los Angeles Hoo 03/14/2024 10:16AM
  A perfectly stated lie. ** -- SixerHoo 03/14/2024 10:48AM
  Link to source from the law? ** -- WahooMatt05 03/14/2024 10:12AM
  Keep shilliing Reek ** -- HptHokie 03/14/2024 10:11AM
  Newsmax is not legit media ** -- HokieJamie 03/14/2024 09:57AM
  Agree. But enough about the Russia hoax already. ** -- Hoodafan 03/14/2024 09:33AM
  ^^^ 🦜 another lie ** -- WaxHoo 03/14/2024 09:36AM
  Or terrified to challenge him ** -- 111Balz 03/14/2024 09:14AM

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