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BillsFanNC

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Posts posted by BillsFanNC

  1. :lol: @ The King

     

    Again Joe Biden wasn't friggin POTUS when he stole classified documents.

     

    Trump kept records he was allowed to keep because he was POTUS.

     

    PERIOD.

     

    Presidential Records Act v. Espionage Act:

     

    The Presidential Records Act of 1978 (PRA), 44 U.S.C. §§ 2201 through 2209, generally controls the handling of the President's records.

    Generally, records created or received by the President or this White House staff are presidential records.

     

    This includes classified records sent to advise the President or his White House staff.

     

    Before the Presidential Records Act, Presidents owned their presidential records.

     

    Congress changed the law after Nixon won a legal fight on this issue.

    After the Presidential Records Act, the U.S. government owns Presidents' presidential records.

     

    Per the 2012 Obama judge ruling in the Clinton sock-drawer case, where President Clinton stuffed 8 years of highly classified audio recordings of his presidency in his sock drawer (see picture 1 below), the President solely decides what are:

     

    - "personal" (belong to him)

    v.

    - "presidential records" (belong to government).

     

    And if the President doesn't designate them as presidential records and then takes them when he leaves office, they are deemed personal records.

    (Read news story and linked opinion here: justthenews.com/politics-polic…)

     

    But even if people think this 2012 Obama judge ruling protecting Clinton is incorrect or Trump (somehow) shouldn't have the benefit of this ruling (because they hate and fear Trump):

     

    "[T]he Presidential records of a former President shall be available to such former President or the former President's designated representative."

    44 U.S.C. § 2205(3) (see picture 2 below).

     

    Former Presidents do not have the right to have any classified record they want.

     

    But they have the absolute statutory right to have (not own) their presidential records, classified or not.

     

    There is no criminal component to the Presidential Records Act.

    Disputes are settled with negotiations and civil lawsuits.

    Not unprecedented and unlawful raid and indictments.

     

    How can Trump violate the Espionage Act for retaining his presidential records he is allowed to have (not own) under the Presidential Records Act?

     

    Garland must allege and prove more than mere retention, in order to charge a former president for espionage for having his presidential records he's allowed to have (not own) under the Presidential Records Act.

     

    One way a court may attempt to harmonize the Presidential Records Act with the Espionage Act is requiring the government to allege and prove the former President intended to cause "injury to the United States or aid to a foreign nation result from the disclosures." United States v. Rosen, 520 F. Supp. 2d 786, 793 (E.D. Va. 2007).

     

    There is zero evidence--not even an allegation--Trump intended to harm America by retaining his presidential records.

     

    It is not a crime to be a jerk.

     

    It is not "espionage" to fight with librarians and other bureaucrats.

    We do not send former presidents, who happen to be your boss's chief political enemy, to die in prison over presidential-records disputes.

    This is one key reason Garland's indictment of Trump is fatally flawed as a matter of law.

     

     

     

    • Like (+1) 1
  2. Again notice that useful idiots want voices they disagree with to be silenced en masse...

     

    At the very same time they call out individual posters who choose to block other individual posters. 

     

    You can't make it up.

     

     

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