The Soapbox

Los Angeles Hoo

Joined: 03/05/2014 Posts: 19744
Likes: 30350


First off, the post you responded to here was a draft that...


...got inadvertantly posted. Apologies for that. See above for the final post I made, which is quite different than this one, and feel free to respond to it.

In case you don't respond to it, I'll make a few comments here:

1) Yes, there is obvious selective prosecution here, and that's another reason why this case will ultimately fail. Trump (via his attorneys) WAS collaborating with NARA to send "presidential" records to them. (Contrast this with Clinton, for example, smashing devices with a hammer and Bleachbitting hard-drives under subpoena, and she walked away scot-free because of the explicit determination that she didn't WILLFULLY and KNOWINGLY violate the law, which is beyond laughable.)

This doc filtering/inventory process is both time-consuming and complicated with a lot of grey area, and former presidents are allotted time to take care of it. Trump himself likely had no idea what specific documents were in the dozens of boxes at MAL. The docs in question were securely stored at MAL according the instructions given to Trump's lawyers by the FBI and, of course, MAL is guarded 24/7 by the Secret Service. There was no security risk here while the inventory/categorization process took place.

The raid on MAL was an obvious scheme to frame Trump by short-circuiting a process that was underway with NARA to resolve the very issues underlying the indictment. I think you know the types of stuff that the FBI would find if it raided the Biden, Clinton or Obama offices/residences. It's absurd to this think they wouldn't be able to find a document that those folks possessed with no authority to do so using the same logic applied to Trump.

2) Regarding your first paragraph, once again, it doesn't matter what you or I say about what a president should or should not deem to be a personal record. The LAW says that he makes that determination, and his powers under the Constitution make that clear implicitly regardless, and the Clinton "Socks Drawer" case provides relevant case law on the matter. It is therefore up to you -- not me -- to specify who gets to override the president on this decision. If you can't come up with an answer, then obviously the answer is no one, meaning the president makes that decision in his sole discretion. Once it is stipulated that the president has sole discretion, then BY DEFINITION he is AUTHORIZED to possess the docs, which blows up the Espionage charge which requires UNAUTHORIZED possession.

[Post edited by Los Angeles Hoo at 04/05/2024 8:31PM]

(In response to this post by fishhoo)

Posted: 04/05/2024 at 8:13PM



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Current Thread:
 
  
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