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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

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To: odawg

You can believe as you wish, or you could read the decision and see if it actually says what they claim, or if that is just their interpretation of what the judge said. Since I couldn’t find what they claim in the actual text of the opinion, I assume that is their interpretation of what the judge wrote. But since the case was in district court and was a dismissal and not a judgment on the merits of the claim, the court in Florida is under no obligation to consider it as relevant.


161 posted on 06/15/2023 8:37:01 AM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last!)
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To: Golden Eagle
That analysis is bunk. It’s clearly not that executive branch employee who is more powerful than the President, it’s the laws that are more powerful than the President.

Laws have powers? Really? That's your understanding of the Constitution? Try to use the lexicon and principles found in the Constitution. Laws don't have powers. Legislators have legislative powers (and other powers such as the power of the purse). The president has executive power.

So now go back and address the executive branch document issue (or the lame Air Force One in a corn field issue if you must), using principles from the Constitution.

And for starters, NO, the legislators with their law making powers are NOT "more powerful than the President". We have equal branches of government.

162 posted on 06/15/2023 8:53:58 AM PDT by FreeReign
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To: randita

Mainly, classified intelligence reporting generated by U.S. spy agencies.

Those records are a hell of lot safer with Trump than floating around D.C. auction arena taking bids.


163 posted on 06/15/2023 9:27:36 AM PDT by Vaduz (....)
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To: linMcHlp

However it is not a criminal statute.


164 posted on 06/15/2023 9:43:41 AM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: Golden Eagle

“Another example is sending the US military to the southern border to enforce it. The Posse Comitatus law prevented Trump from doing it.”

That analysis is bunk. The Posse Comitatus act prevents the military from being used as police, under certain circumstances. Bush sent the military into Los Angles to stop the Rodney King riots. Guess you don’t remember. Trump sent in the national guard to stop riots himself. The military could be sent to the border to stop an invasion. Trump did not have to; he built a wall.

The Air Force One example is too absolutely stupid to comment on.

The president has the Constitutional authority to de-classify top secret documents. He does not have to get permission from anyone, under the powers ganted to the presidency by the Constitution. De-classifying documents is established law; the president alone has that power. And no individual in an agency has the power to prevent him from doing so, or to jump through hoops to accomplish it.


165 posted on 06/15/2023 10:15:33 AM PDT by odawg
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To: odawg
The Posse Comitatus act prevents the military from being used as police, under certain circumstances. Bush sent the military into Los Angles to stop the Rodney King riots. Guess you don’t remember.

Bush had to invoke the Insurrection Act, a different law, in order to be able to do so. Once again, even Presidents have to adhere to the law.

Trump sent in the national guard to stop riots himself.

The National Guard’s mission is domestic emergencies, unlike the US military. Apparently this is beyond your understanding of the differences.

The military could be sent to the border to stop an invasion.

Only if a National Emergency or Insurrection Act is invoked. That is the law, that even Presidents MUST follow.

Trump did not have to; he built a wall.

Now you’re just flagrantly abusing the truth for kicks. It’s why guys like you like Trump so much.

166 posted on 06/15/2023 10:25:11 AM PDT by Golden Eagle (Ultra Conservative)
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To: FreeReign
Laws don't have powers.

My my, here is a perfect example of how far from truth and reality you have allowed Trump to lead you.

NO, the legislators with their law making powers are NOT "more powerful than the President". We have equal branches of government.

Laws are codified by BOTH the legislative and executive branches to provide the legal guidance of proper and improper behavior for ALL Americans, even the President, including while in office. You just want Trump to be our king, if not some sort of god. He’s neither.

167 posted on 06/15/2023 10:32:30 AM PDT by Golden Eagle (Ultra Conservative)
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To: Golden Eagle
Laws have powers? Really? That's your understanding of the Constitution? That's like saying that guns have powers to kill instead of the people who use them. Try to use the lexicon and principles found in the Constitution. Laws don't have powers. Legislators have legislative powers (and other powers such as the power of the purse). The president has executive power.

My my, here is a perfect example of how far from truth and reality you have allowed Trump to lead you.

My point of view, which apparently has gone over your head, precedes Trump running for president. Trump doesn't lead me. You are lying about that. Trump has come around to my point of view. And that's not the first time that you lied like that on this thread.

And you took a small part of my comment and you removed it from its full context, changing its meaning. And that's not the first time you've done that on this thread. That's being very dishonest or perhaps you are a Constitutional illiterate and don't understand the full comment.

Laws are codified by BOTH the legislative and executive branches to provide the legal guidance of proper and improper behavior for ALL Americans, even the President, including while in office.

The Constitutional powers of future legislators and future presidents can't be codified away by any present day legislator and president, without amending the Constitution. For example the 1978 Democrat Congress and the 1978 president, Jimmy Carter, can't codify away future presidents' constitutional rights, for example certain aspects of the 1978 Presidential Record Act.

You just want Trump to be our king, if not some sort of god. He’s neither.

I don't want Trump to be my king. You are lying again. Apparently, that's what you do.

168 posted on 06/15/2023 11:29:06 AM PDT by FreeReign
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To: Golden Eagle

“It’s why guys like you like Trump so much.”

Oh, so the cat is out of the bag. You hate Trump. I suppose you would like to see him go to prison, so that the effeminate DeSantis could priss around the White House.


169 posted on 06/15/2023 12:11:42 PM PDT by odawg
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To: Golden Eagle
I never said the new judge couldn’t cite those previous results, only that she is not required, or mandated to. And it is laughable for you to claim that single circuit course case, that has never even been challenged much less held up on appeal, is “settled law.” These are the kind of statements from Trump supporters that make them sound like gullible rubes.

Its been settled to this point. Nobody has ever challenged it. The Federal Courts or of course the SCOTUS could always overturn this decision and rule the Presidential Records Act means something else, but then Trump could raise the defense that he had relied on the law as it was interpreted by the federal courts up until that decision - and as such, that would defeat any mens rea on his part. After all, you can't either take, withhold or obstruct the return of something you had a right to take and keep and had no obligation to hand over.

170 posted on 06/15/2023 12:17:18 PM PDT by FLT-bird
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To: FreeReign

All right FreeReign, I apologize for saying you want Trump as your king, which was a little over the top, but you sure do act like he is above the law. He’s not. No American is. And that is the beauty of America.

The founders of this country wanted a form of government where no man was above the law, which is exactly what they created. And we should honor that, Trump or no Trump.

Presidents must adhere to the laws of the country, even while in office. Infinite examples exist. This is just another one.


171 posted on 06/15/2023 1:03:34 PM PDT by Golden Eagle (Ultra Conservative)
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To: odawg
I suppose you would like to see him go to prison

No, absolutely not. Not when others haven’t faced similar charges. But I’m not going to stand in unison with those claiming the Constitution says any President is above laws that govern the Executive Branch, or claim that laws say what they clearly do not say, or claim that a circuit court ruling that has never been challenged once is settled law, either. That’s all fantasy land, that makes Trump supporters look like they have no sense of reality, and will not help prove his possible innocence in the end, either.

172 posted on 06/15/2023 1:11:45 PM PDT by Golden Eagle (Ultra Conservative)
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To: lastchance

Agreed.

A federal judge should:

- dismiss the government’s notions of there being criminal intent,

- dismiss the government’s notions of there being intent to do harm to the U.S.,

- dismiss any and all criminal charges,

- order the Archivist of the NARA and former President Trump, to work out:

- what papers are the responsibility of the NARA,

- what papers are personal,

- what papers need whatever classification markings are necessary (if any),

- where papers go,

and make that so; then report back when the work is completed.


173 posted on 06/15/2023 1:53:50 PM PDT by linMcHlp
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To: linMcHlp

A valid plan.


174 posted on 06/15/2023 4:01:50 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: Golden Eagle

But I’m not going to stand in unison with those claiming the Constitution says any President is above laws that govern the Executive Branch...”

You have heard no one, Not One person, say that Trump is above the law, any law. You just have not heard that, and if you say that you are just plain lying.

Now, there are no laws that govern the Executive Branch except the Constitution. There are three branches of government and per the Constitution, cannot intrude on the other’s Constitutionally delegated powers.

That is why the indictment does not mention Trump illegally having documents.


175 posted on 06/15/2023 5:26:48 PM PDT by odawg
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To: odawg
You have heard no one, Not One person, say that Trump is above the law, any law.

ROFL! You should hear you guys. "Article II Section I, blah blah blah, all executive branch power belongs to him and only him, blah blah, all executive branch employees report to him no matter what, blah blah blah, he can do whatever he wants, blah blah blah"

176 posted on 06/15/2023 5:58:38 PM PDT by Golden Eagle (Ultra Conservative)
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To: Golden Eagle

“ROFL! You should hear you guys. “Article II Section I, blah blah blah, all executive branch power belongs to him and only him, blah blah, all executive branch employees report to him no matter what, blah blah blah, he can do whatever he wants, blah blah blah””

Well, all executive branch power does belong to him and only him. You can’t figure that out? As in all judicial powers belong to the Supreme Court. You want to find something that supersedes a Supreme Court ruling — the law of the land. Is there a law that governs the Supreme Court other than the Constitution? And as in all legislative powers belong to Congress. You want to find something that will supersede Congress in ability to pass laws or force laws on them and constrain them in any way? These three branches, as per the Constitution, have delegated powers that the other two doesn’t.

You are so stupid.


177 posted on 06/15/2023 6:36:53 PM PDT by odawg
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To: ridesthemiles

No but glad you mentioned it. We know he has insiders to give him content that is classified. He is the man behind the curtain and Biden’s voice.


178 posted on 01/09/2024 12:06:50 PM PST by Ambrosia (Born in NC, then PA, NY,WV, NM, SC, and FL & back God/Freedom=Priority!)
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To: Williams

True. Maybe you misunderstood my comment.

There is two standards, one for Trump and one for Obama/Biden.


179 posted on 01/09/2024 12:11:20 PM PST by Ambrosia (Born in NC, then PA, NY,WV, NM, SC, and FL & back God/Freedom=Priority!)
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