Posted on 06/16/2023 6:29:54 AM PDT by SeekAndFind
Since Jack Smith and his prosecutors dropped a multicount federal indictment against President Trump, multiple grounds have surfaced warranting dismissal of the embarrassing prosecutorial sideshow in South Florida.
Already, Smith’s indictment faces multiple legal challenges.
The Presidential Records Act, the big red elephant in the room ignored by Smith, at 42 USC §2205 (3), gives a former president unrestrained access to the presidential records which he declares to be his and gives his designated agents also access to such records. Yes, the National Archives can take control of those records, after consultation with the former President, and any disagreement on the designation of a record is to be resolved by a United States District Court in a civil proceeding, not a criminal prosecution.
But the Presidential Records Act simply does not create an exception prohibiting the former President’s access to records marked as secret, classified, or confidential. Under the Presidential Records Act, Trump, even as a former president, has all the access he wants to all his presidential records, even those which may have been classified, and may give such access to his designated agents . End of story.
The Espionage Act, even if it controlled over the Presidential Records Act, which it does not, does not apply to records that have been declassified by a president, who has an absolute right to declassify any document he wants. This is Trump's secondary argument against the “Espionage Act” charges, that he in fact declassified all documents in his possession before leaving Washington. But Trump doesn’t even need that argument, because the Presidential Records Act (PRA) trumps the Espionage Act on the topic of classified materials.
(Excerpt) Read more at americanthinker.com ...
Of course, the notion of Trump spying for a foreign power -- the original heart of the purpose of the Espionage Act -- is beyond ludicrous. This is another variation of the Russia, Russia, Russia hoax.
They’re trying every lying way possible not to have Trump either run or win the presidency.
IMHO they crave division. To them division is of prime importance, even at the expense of making Trump more popular. It tells me how sure they are of the next vote fraud.
The President of the United States is THE chief executive of everything Federal; the head honcho.
If, as President, he cannot declassify whatever he wants, whenever he wants, then who does?
It’s as simple as that.
As if the laws mean anything anymore.
Forgot to include the above quote from the article in my previous post. The law is no longer the law, it is a weapon wielded by despicable and unscrupulous people, which is entirely subjective, inconsistent, and corrupt.
More fodder for the new, trendy “Trump Arraignment Syndrome”.
When they say “by any means necessary”, that’s exactly what it means. It also means that their perspective is from dire circumstances, and a weak position from which they derive a piss poor quality of meaning.
marc elias gave the game away last year
he said lets see Trump try to defend himself while running a campaign
the process is the punishment
this trial is not about the law
.iberals are incapable of violating the law beczuse the law doesn’t apply to them according to them, and to all those in
Power who protect them
Can you imagine our founders thinking that a former POTUS should be a hair-away from prison after leaving office due to rabid opponents believing they can criminalize how he handled a document?
Don't they first via forensic evidence need to prove he actually handled it and was not just in the same building as it?
EXACTLY!!
They intend to try to keep Trump as busy as possible handling charge after charge after charge. They will try to use those charges as a cudgel with which our ENEMEDIA (the mainstream media, AKA Democrat PR firms) can bludgeon Trump throughout the election cycle. They will be trying to get the courts to change the rules, which will require him to react, they will try to get locations changed, which will require him to react.
If they get lucky and get a conviction at the lower court levels, they know...and I mean THEY KNOW...in the end, the Supreme Court will HAVE TO rule that the PRA overrides the Espionage Act - PERIOD! If they get him on some other BS law because he asked Mike Pence to send things back to the states, or he asked a Governor to “find” missing votes/ballots, they know...again KNOW...the Supreme Court will rule that suggesting someone do something that is WITHIN HIS RIGHTS, does not constitute Treason or Conspiracy or anything else they are trying to pin on him!
This is NOT about winning an actual court case...this is about slowing him down, taking up his time and money, and conducting ELECTION INTERFERENCE using lawfare!!
Trump Indictment a Violation of Federal Law
When a Wannabe dictator is making the rules all laws are void unless they work for his advantage.
Hitler clicks heels and salutes
“Can you imagine our founders thinking that a former POTUS should be a hair-away from prison after leaving office due to rabid opponents believing they can criminalize how he handled a document?”
The founders were devout Christian men and thus, never envisioned the depths of evil that men can sink to in order to gain or keep power. They thought of almost everything else, but underestimated that evil.
Perhaps they should have studied ancient history for a lesson re: that. This is really nothing new. It’s just...new to “us”.
Maybe they WANT this case thrown out of court so they can claim the same thing for Biden
The example is what was done to Christ. He’d done nothing wrong yet...
“The example is what was done to Christ. He’d done nothing wrong yet...”
He called out the temple hypocrites (the Pharisees) and threatened their power and position with the people. He went up against corruption and evil, IOW.
Exactly my point.
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