The raid was with regard to whether the documents were classified, or not, which is still in dispute. Trump has since brought out the PRA, claiming it protects him, but that law clearly defines that the government controls Presidential records, AND "official records of an agency" which these documents may ultimately decided to be.
But the law explicitly spells out the scope of "personal records" as extremely limited, and personal records specifically do NOT include documents that "relate to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President."
the PRA says that the designation of records as "personal" versus "presidential" is a decision made by the president during the president's term of office.
No it doesn't. Show me those words. I have posted and referred to the text of the law countless times here already, when it appears you still haven't even read it yet. The law itself makes that determination, in explicit terms. It does not cede that authority to any President, past or present.
No it doesn't. Show me those words. I have posted and referred to the text of the law countless times here already, when it appears you still haven't even read it yet. The law itself makes that determination, in explicit terms. It does not cede that authority to any President, past or present.
I've seen you post definitions. I've not seen you post "in explicit terms" in the PRA, who's decision it is to designate a record as being "personal" or "presidential".
You missed a step. The issue is who decides.
You just won’t quit, will you? You must be getting paid by the word. Does cutting & pasting count tho? 🤣
The raid was bogus. Whether the material was classified has no bearing on charges under the Espionage Act. That only cites that the material contains defense information. 18 USC 793(e) the specific part shown on the indictment states,
“Whoever having unauthorized possession of, access to, or control over any document,... or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation,...”
Is the DOJ really arguing that the President of the U.S. is not authorized to have defense information from his own administration? That he is going to willfully put it in the hands of or make it available to a person not entitled to receive it for the purpose of causing such injury or giving such advantage?
As for the indictment claiming Trump violated the Espionage act because he ,”or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;” The word the “same” matters as it references not just the information but also the intent of having the material. Disagreeing with the National Archives is not evidence Trump was holding back defense information that he had reason to believe could cause injury to the U.S. if it remained in his possession.
To me the most pertinent reason the raid was bogus is this, The Espionage Act does not apply to the President.