Anthony Weiner = Felon that allowed Perv sites access to his Photos
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 ...
The judge in the Clinton socks case dismissed the case because the redress the plaintiffs requested was not available. There was no decision on the merits of the case, so no precedent. Also, there was no claim from the plaintiffs that the tapes were agency records and not presidential records, so the issue wasn’t even addressed in the dicta of the opinion.
“ Every Presidential Library has documents so sensitive you have to have clearance to view them in a private setting.”
Making the point that documents are not automatically declassified when the president leaves office and takes them to his presidential library.
National Review= Lincoln Project NEVER Trumpers
“There was no decision on the merits of the case, so no precedent.”
All the legal experts I have heard who discussed the case said the judge ruled, as Trump himself quoted, the records that a president has are his to keep. That was the decision on the merits of the case.
No, the issue of what type records was not brought up because that is an issue that McCarthy pulled out of his ass.
Tragically, on the issue of Trump, Andrew McCarthy has become a center-left RINO.
Ahhh....the Whiner Review strikes, again.
LOL.
“national defense — mainly, classified intelligence reporting generated by U.S. spy agencies“
I keep seeing people claim this is fact. Yet, not even Trump legal team has been allowed a synopsis of the in question documents. Therefore, until I see at least a synopsis of said documents, and evidence he was gaining financially from them, I am calling this “horse hockey”.
In fact, I suggest that since Trump has a right to such documents by the Presidential record act, and they were locked up with secret service nearby, not like a sock drawer or furniture warehouse in Chicago, without an exchange to outside entities or profit, i suspect that it’s garbage.
Maybe. Check the statute.
.
The Socks Judge also wrote that a President has full, sole authority to classify / declassify - and destroy Docs during his Presidency, so it would only make sense that he would have the power and authority to do so as an Ex President for docs from his time as President.
Notice the word - “Destroy”
OP and McCarthy have severe TDS.
The president is not subject to rules and regulations established by his subordinates. He IS subject to laws passed by Congress and signed into law. That’s what the PRA is, and yes, Trump and Biden are both subject to it.
Unfortunately, Trump has COMPLETELY misrepresented what the Presidential Records Act says.
It makes it clear that the government retains all ownership of “Presidential Records.”
An ex-President can retain ownership of “Personal Records” but little qualifies as Personal Records.
Read it for yourself:
https://www.archives.gov/about/laws/presidential-records.html
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) 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.
****Ownership of Presidential records****
The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
Upon the conclusion of a President’s term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President. The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this chapter.
_______
The term “personal records” means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not 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 includes—
(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;
(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and
(C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.
[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.]
And?
Would you have the citizens vote on each and every document? Of course not.
The citizens elect the president. The president, decides what documents are presidential documents and what documents are personal documents.
The Administrative state is not elected. They don't decide what is a presidential document.
"The executive power shall be vested in a President of the United States of America". That's what the Constitution says. If you don't like that then amend the Constitution.
The Presidential Records Act is a law, drafted by and passed in Congress, before a former President signed it. NOT an executive order, or executive branch regulation, that Trump would have had authority over, but there are still processes that he would have had to undertaken before previous executive orders or standing policy would have been changed changed. Trump can’t just blink his eyes and it then be official, no matter how many of his supporters wish that were true. Nor do we want people like Joe Biden with that kind of power, either.
And see my link just above of the actual text of the Presidential Records Act. Trump’s claims that protects protects him are fanciful, and setting his followers up for being completely wrong on the merits, as the law makes it abundantly clear that Presidential Records remain under the control of the Government. This is independent of whether they were classified, unclassified, or wanted to be kept by the President, he has no authority to do so. They are not Personal Records, which are clearly defined in the law as well, and extremely limited in scope.
If a copy was given to Trump while President arent those copies part of documents/records he had as president?
Incorrect. It's clearly spelled out in the law what is Presidential, and what is Personal. And the scope of what is Personal is extremely limited. See post 74 for the exact text.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
