The Soapbox

Los Angeles Hoo

Joined: 03/05/2014 Posts: 19744
Likes: 30351


It's not in play in a pre-trial motion. It is in play...


...as a defense during any trial, as well as in any appeal, as well as with respect to jury instructions, which is why Smith has his panties in a wad over Cannon's previous order.

I don't know how many times or ways I have to explain this, but THE PRESIDENT HAS SOLE DISCRETION over how to categorize his records. It doesn't matter what you think. It doesn't matter what I think. It doesn't matter what Jack Smith thinks. It doesn't matter what NARA thinks. He is head of the executive branch, and he gets to decide what are his personal records.

All you have to do is think it through. A separate branch of government cannot tell the president how to categorize his records. This should be obvious. As obvious as the statement that Trump couldn't tell Nancy Pelosi or John Roberts what to do with their records. A subordinate official in the executive branch -- meaning EVERYONE in the executive branch -- cannot tell their superior how to categorize his records. This should also be obvious.

The Trump team would only try to have the PRA declared unconstitutional if Jack Smith were charging him with violations of it. But Smith isn't doing so because Trump didn't violate it. Instead, Smith is trying to ignore the elephant in the room by pretending that the PRA doesn't exist because to admit it exists annihilates his entire case.

(In response to this post by fishhoo)

Posted: 04/04/2024 at 10:15PM



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Current Thread:
 
  
Cannon denies Trump's motion to dismiss -- CMUHoo 04/04/2024 3:45PM
  Only to put it off to do real damage later. ** -- DanTheFan 04/04/2024 7:10PM
  He has nothing to appeal. ** -- Los Angeles Hoo 04/04/2024 8:18PM
  Yet ** -- WaxHoo 04/04/2024 8:42PM
  The problem with prosecuting fake cases… -- Los Angeles Hoo 04/04/2024 9:56PM
  💩 post. It’s 🌲 ** -- Hoodeac 04/04/2024 10:08PM
  That's twice in one afternoon! ** -- ResistHoo 04/04/2024 6:11PM
  That is practically a fussilade from that Cannon ** -- Tuckahokie 04/04/2024 6:57PM
  💩 post ** -- Hoodeac 04/04/2024 6:09PM
  I'm sorry that happened to you, Icecaps. ** -- ResistHoo 04/04/2024 6:13PM
  If were worthy of prosecution, then... -- Los Angeles Hoo 04/04/2024 5:42PM
  My argument can be boiled down thus:… -- Los Angeles Hoo 04/05/2024 10:25AM
  It's not in play in a pre-trial motion. It is in play... -- Los Angeles Hoo 04/04/2024 10:15PM
  Yes. The president could do all of that. If you… -- Los Angeles Hoo 04/05/2024 01:18AM
  What? you don't know about the wand? ** -- Capital City Hoo 04/04/2024 11:06PM
  You realize you’re arguing with a mental patient -- BocaHoo91 04/04/2024 10:56PM
  Thank you counselor! You're so right - please keep going! ** -- Capital City Hoo 04/04/2024 10:30PM
  That's fine, and I can believe that, although... -- Los Angeles Hoo 04/04/2024 5:58PM
  Clinton, for one. She didn't... -- Los Angeles Hoo 04/04/2024 6:08PM
  Simply put, no. -- Newt 04/04/2024 5:46PM
  Lala is just Tommy with a better vocabulary ** -- HptHokie 04/04/2024 5:48PM
  No. ** -- WaxHoo 04/04/2024 5:39PM
  She told Trump to go fuck himself. -- SixerHoo 04/04/2024 4:55PM
  🍌🍌🍌republic ** -- SixerHoo 04/04/2024 5:44PM
  Buckled but not buckled. -- Newt 04/04/2024 5:40PM
  Yes -- WaxHoo 04/04/2024 5:03PM

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