Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: FLT-bird

I agree that the case is politically driven. But people have been making claims that are inaccurate or at least very questionable about the law and Constitution and seem to be setting themselves up for disappointment when rulings don’t go their way.

Ultimately I think the court will find that he PRA controls the issue of presidential records and the espionage charges will get tossed. It’s the process crimes where I think Trump may have more exposure - hiding documents from a subpoena, falsely certifying that all documents had been turned over, having boxes removed so they could not be searched for documents responsive to the subpoena, etc. Even if the PRA is the controlling authority, once the subpoena was issued and upheld, attempting to circumvent or avoid compliance is its own crime, though usually contempt of court. There are defenses Trump can raise - since disputes under the PRA are a civil matter, should failure to comply with the subpoena be obstruction or contempt? Unfortunately, it may take getting to an appeals court to win that argument, which means Trump could get convicted before any ultimate vindication.


48 posted on 06/12/2023 8:39:02 AM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last!)
[ Post Reply | Private Reply | To 46 | View Replies ]


To: CA Conservative

Since the Archive was never entitled to those documents, there is no charge for obstruction. What would it be - obstructing them from getting something they never had a right to in the first place?

That’s on top of them running to a favorable DC court to get an indictment before then going to the Florida court where everything took place. They were rightly worried they’d never get an indictment if they went to the correct Florida court to begin with.

On top of the rest, their entire case is based on attorney client privileged information that should be tossed out on first amendment grounds.

The only precedent in this is the Clinton Sock Drawer case in which the judge ruled for Clinton and said the President could take any documents he wanted to.


49 posted on 06/12/2023 9:23:22 AM PDT by FLT-bird
[ Post Reply | Private Reply | To 48 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson