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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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Why PRA does not apply - "Agency records are not presidential records."
1 posted on 06/14/2023 4:24:58 PM PDT by randita
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To: randita

Oh look, another deadbeat loser working for the Deep state


2 posted on 06/14/2023 4:27:32 PM PDT by spacejunkie2001
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To: randita

Why don’t they rename it “Democrat Review?”

When they start picking fly s*** off of rice in an effort to explain the legal case against trump, you sure as h*** know that the government should not be prosecuting a former president and leading presidential candidate over this document nonsense.


3 posted on 06/14/2023 4:27:46 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: randita

I guess he is just going to ignore precedent


4 posted on 06/14/2023 4:27:48 PM PDT by roving (👌⚓)
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To: randita

Makes no sense. ALL records are presidential records if in the presidents hands. Otherwise the president is not the ultimate power in the executive branch.


5 posted on 06/14/2023 4:28:30 PM PDT by buwaya (Strategic imperatives )
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To: randita

Which agencies are not under the executive branch?


6 posted on 06/14/2023 4:29:15 PM PDT by Raycpa
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To: spacejunkie2001

I guess Biden’s garage and Pence’s house didn’t have any “agency records”.
And they weren’t even president at the time.

Oh, but nobody cared.


7 posted on 06/14/2023 4:29:45 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: buwaya

Exactly!


8 posted on 06/14/2023 4:30:12 PM PDT by Ambrosia (Born in NC, then PA, NY,WV, NM, SC, and FL & back God/Freedom=Priority!)
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To: Raycpa

Who is the agencies the agent for?


9 posted on 06/14/2023 4:30:46 PM PDT by Raycpa
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To: buwaya

Of course records from executive departments which president trump took in his possession when he was president were in fact presidential records by definition. I am sure that all of the millions of other presidential records include plenty of documents from every agency of government they don’t all come straight from the executive oval office.


10 posted on 06/14/2023 4:30:55 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: Williams

Excuse Me! The classified documents re: Mar La Go were REFERRING TO WHEN TRUMP WAS PRESIDENT! It had nothing to do with before during 2016 Election prior to Trump being President...no matter when the agency records actually happened. His possession was after that fact!


11 posted on 06/14/2023 4:33:10 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

I wish Trump would quit messing around and hire Barnes already.

https://youtu.be/rxCDVOmGPlo

Barnes Law says different.


12 posted on 06/14/2023 4:35:07 PM PDT by Dogbert41 (“Blessed are the peacemakers, for they will be called children of God” -Matthew 5:9)
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To: Ambrosia

Excuse me! His possession and access to records after the fact is exactly what the presidential records act addresses.

By the way, did the act or anything else give Biden or Pence a pass from when they weren’t president?

But no one would hunt them down as criminals because it’s ridiculous.


13 posted on 06/14/2023 4:36:10 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: randita

National Review is dying a thousand deaths.


14 posted on 06/14/2023 4:36:59 PM PDT by BrexitBen
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To: randita

Why even post the crap from NR and McClueless?

NR died when Buckley did.


15 posted on 06/14/2023 4:37:50 PM PDT by Fledermaus (It's time to get rid of the Three McStooges; Mitch, Kevin and Ronna!)
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To: randita

Lost me at “Andrew C. McCarthy”


16 posted on 06/14/2023 4:38:30 PM PDT by stanne
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To: randita

Did the judge in the Clinton sock drawer case draw that distinction?

No.


17 posted on 06/14/2023 4:39:40 PM PDT by odawg
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To: randita

McCarthy does not impress me. Never has. Never will.
ANY Document that is handed to the President is a Presidential Record,
no matter which agency generates it.


18 posted on 06/14/2023 4:40:09 PM PDT by tennmountainman (FUJB)
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Oh ANDY McCarthy, not Charlie. No matter, both are ventriloquist's dummies. Charlie is Edgar Bergen's, Andy is Klaus Schwab's.

19 posted on 06/14/2023 4:40:09 PM PDT by Henchster (Free Republic - the BEST site on the web!)
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To: All

.
When was the last time the Espionage Act was used on a POTUS?

When Hillary contracted a Firm advertising that they could wipe data so that it couldn’t FORENSICALLY be recovered - was that Obstruction?

Why No Raids for ant Democrat - but they did raids for Joe’s girl’s diary!

Why? Why did they raid Trump’s Lawyer Apartment?

And your slogan is - No one is above the Law?

.


20 posted on 06/14/2023 4:40:22 PM PDT by AnthonySoprano (Statute of Limitations is going to elapse on Hunter Biden )
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