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Where Judicial Watch’s Defense of Trump Goes Wrong
National Review ^ | 6/14/2023 | Andrew C. McCarthy

Posted on 06/14/2023 4:24:58 PM PDT by randita

Michael Bekesha, the ‘Clinton sock drawer’ lawyer, misses the distinction between agency records and presidential records.

I’ve already extensively addressed why the Presidential Records Act (PRA) is not a viable defense against charges that President Trump unlawfully and willfully retained national-defense information under Section 793(e) of the federal criminal code (which, in hope of avoiding Senator Lindsey Graham’s conniptions, I’ll refrain from calling the Espionage Act). So I’ll state the main point as succinctly as I can: Agency records are not presidential records.

Trump’s case is about agency records regarding the national defense — mainly, classified intelligence reporting generated by U.S. spy agencies. The PRA, by contrast, addresses documents and other records generated by and for the president in the carrying out of his duties.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: andrewcmccarthy; andywhowasthecinc; bs; commanderinchief; documents; execbranchrecordsall; graspingstraws; indictment; nationalreveatcrow; nope; trump; trumptheexecutive
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To: randita

41 posted on 06/14/2023 5:03:51 PM PDT by Bratch
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To: randita

The word “presidential” right there in the act’s title is sort of a big clue.


42 posted on 06/14/2023 5:09:10 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: buwaya

BINGO!!!


43 posted on 06/14/2023 5:09:32 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: Bratch

Enough said.
Except NR STILL against Trump.


44 posted on 06/14/2023 5:12:13 PM PDT by tennmountainman (FUJB)
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To: ridesthemiles

I already know that Obama was never a USA Citizen, married to a Transman, who pretends to be a woman. Malia posted O s BC and Passport on Twitter in April, 2023. Those girls were raised in WH but not Obama or Michael’s (Michelle) children.

That was not what this article was about. So my comment was bout that. I am strong conservative, just don’t like lies or people who misinterpret facts. I taught Criminal Justic at college level...law is my former field. Once Trump was elected President, all classified documents were his to view and have copy of it. Highest Clearance in the Land!


45 posted on 06/14/2023 5:12:37 PM PDT by Ambrosia (Born in NC, then PA, NY,WV, NM, SC, and FL & back God/Freedom=Priority!)
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To: randita

Andrew McCarthy is a never-Trumper so we should expect nothing less from him.


46 posted on 06/14/2023 5:14:02 PM PDT by Presbyterian Reporter
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To: buwaya

that is correct and that is the point


47 posted on 06/14/2023 5:14:40 PM PDT by job
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To: randita

But that does not mean at all that Trump is prohibited from having them in his possession. It just means those records do become part of the National Archives upon the President leaving office.

The definition is for purposes of excluding what goes in the archives not what the President may possess.

Those records are part of the agencies in the Executive Branch- guess who heads that?


48 posted on 06/14/2023 5:15:04 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: lastchance; randita

errata:It just means those records do NOT become part of the National Archives upon the President leaving office.


49 posted on 06/14/2023 5:16:39 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: Jim Noble

“ No agencies and none of their work product are separate from the unitary executive as described above. The President is RESPONSIBLE for all agency work and documents, and they belong to him.”

I beg to differ but the work and documents generated by the Executive Branch and all government agencies do not belong to the President, they ultimately belong to the citizens of the United States, the people that actually pay for those documents and that work.


50 posted on 06/14/2023 5:19:37 PM PDT by XRdsRev (Justice for Bernell Trammell, Trump supporter, murdered in 2020)
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To: randita
President Johnson was in California seeing some troops off to Vietnam. He walked toward a long line of helicopters and a young corporal, holding his salute, said, “Mr. President, your helicopter is this way.”

President Johnson turned to the young man and said, “Son, they're all my helicopters.”

51 posted on 06/14/2023 5:20:34 PM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: randita

McCarthy hates Trump, and always has. And he ALWAYS sides with his precious DOJ.

If they really find Trump guilty, and attempt to imprison him, Very Bad things will happen.


52 posted on 06/14/2023 5:22:33 PM PDT by Basket_of_Deplorables (THE FBI INTERFERED IN THE PRESIDENTIAL ELECTION!!!)
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To: AnthonySoprano

019-CD0-C5-F17-D-47-F7-ADE0-9-BD08666503-D
B654073-A-32-CE-42-BC-9839-7967-A6-DCFCB5


President Barack Obama

National Security Docs.



53 posted on 06/14/2023 5:23:59 PM PDT by AnthonySoprano (Statute of Limitations is going to elapse on Hunter Biden )
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To: randita

Interesting perspective. Of course, the counter argument will be that since the president is responsible for all of the executive branch, ALL records produced by the Executive branch are presidential records. However, I think the PRA does specify what are considered presidential records.


54 posted on 06/14/2023 5:26:19 PM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last!)
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To: randita

Has anyone proven actual harm committed by President Trump as regards his alleged violations of the Presidential Records Act or the Espionage Act ?? Does the Espionage Act even apply to a ex President of the United States ?

Are classified documents defacto declassified by a President or ex President when he has possession of them ? I would argue that they must be since a President does not have a Security Clearance and therefore the documents must be considered declassified when he has possession of them. Ex Presidents can also view classified materials without a Security Clearance if they have a need to know. Was Trump ever notified that he no longer had a need to know regarding the materials in his possession ?


55 posted on 06/14/2023 5:28:07 PM PDT by XRdsRev (Justice for Bernell Trammell, Trump supporter, murdered in 2020)
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To: randita

Apply that standard to Barrack Obama… 33,000,000 documents he took… many so called agencies records.


56 posted on 06/14/2023 5:29:24 PM PDT by WinstonSmith1984
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To: randita
Re: "The PRA, by contrast, addresses documents and other records generated by and for the president in the carrying out of his duties."

Trump was the Chief Executive Officer of every Executive agency.

Trump retained printed documents.

Every document Trump retained has a permanent electronic copy, under the permanent supervision of the Executive Branch of government.

EVERY classified document in the Executive Branch of government involves the duties of the President.

57 posted on 06/14/2023 5:32:19 PM PDT by zeestephen (Trump "Lost" By 43,000 Votes - Spread Across Three States - GA, WI, AZ)
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To: Bratch

Thanks for posting this reality about the POSes who quote from this vile organization.


58 posted on 06/14/2023 5:37:02 PM PDT by Grampa Dave (We have no shortage of experts, who state things as fact, but are really big re no real idea!)
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To: All
7-E8-E0-C72-EEBA-44-C0-AF9-C-EF0320-B6-BE0-E

DF75-B622-1-DE4-41-E1-B598-803-A9-BE21-B54

They gave him a Deal - and they said he retained and DISTRIBUTED the Highest National Security Secrets. Including Names / addresses of deployed Covert CIA Agents.



DOJ recommended a $40k fine.





59 posted on 06/14/2023 5:37:53 PM PDT by AnthonySoprano (Statute of Limitations is going to elapse on Hunter Biden )
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To: Williams
There is actually a legal definition of presidential records in the PRA:

(2) The term "Presidential records" means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President's immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term—
(A) includes any documentary materials relating to the political activities of the President or members of the President's staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but
(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) 1 of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.

60 posted on 06/14/2023 5:38:05 PM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last!)
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