Posted on 06/20/2023 10:02:12 AM PDT by SeekAndFind
If former president Donald Trump’s case ever makes it to court, federal prosecutors will use his own words against him — spoken on national TV to Fox News host Bret Baier on Monday. I’m not a lawyer. I don’t even play one on internet video. So when it comes to stories like this one, there are a few people I turn to for sharp analysis and good advice.
On the surface at least, what Trump said could cause him trouble in court.
When Baier asked, “Why not just hand [the documents] over then?” Trump replied, “Because I had boxes — I wanted to go through the boxes and get all my personal things out. I don’t want to hand that over to NARA yet. And I was very busy, as you’ve sort of seen.”
“These boxes were interspersed with all sorts of [personal] things.”
You can read more of the transcript here and decide for yourself.
I’m not here to pass judgment on the many indictments against Trump… except that I can’t let the opportunity entirely go. If we’re going to start prosecuting high-level executive branch people for keeping classified documents they shouldn’t have had, let’s start with Hillary Clinton and Joe Biden, neither of whom, as secretary of state or (then) as vice president, had any legal power to declassify those documents. Trump did, which is maybe a strong mitigating factor.
That out of the way, it’s both easy and proper to dismiss Twitter hot takes like this one from Erick Erickson:
Guys, Trump admitted on TV tonight he withheld documents from the grand jury. Game over, legally. What an idiot.
— Erick Erickson (@EWErickson) June 20, 2023
(Excerpt) Read more at pjmedia.com ...
He’s in trouble only if the judge is corrupt.
I’m not gettin it. What docs did Trump withhold from the GJ? I thought he was talking about the NA. Isn’t that what he has said all along that he was negotiating with them about what docs to return and what was his? So how is this damaging?
He had the right to remain silent. He just dissent have the ability.
Hat tip Ron White…
Levin has outlined this quite well. NARA does not “own” any Presidential document, they take “custody” but not actual locking down of anything— up to 5 years past leaving the office. The President maintains control under the Records Act.
And uh, NARA does not have (not now) nor did then—the Security Clearance on any of these documents- the woman/man is acting under the control of the Intelligence Branch of govt— the new Branch created by Obamaumao the First. There is no part of Espionage Act at all that could be construed to be violated (but it clearly got a grand jury of picked dumba@@es to indict). The case will be tossed- they cannot make law, not even in the Intelligence Branch. Not even the way they almost got Gen. Flynn (lucky for him he is a Dem, and uh... so is Trump in name only).
So, the government uses the legal system as a weapon against you, a political opponent, and you have to shut up about it? Nope. I’m with Trump on this. It’s funny how he has to watch his every word or he might “convict himself “ but the actually criminals can lie with impunity. If anything this further goes to illustrate the purpose of this whole sham is to shut Trump up which makes it all the more UnAmerican and total BS.
Certainly not by the courts.
(g)(1) 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.
(2) The Archivist shall deposit all such Presidential records in a Presidential archival depository or another archival facility operated by the United States. The Archivist is authorized to designate, after consultation with the former President, a director at each depository or facility, who shall be responsible for the care and preservation of such records.
(3) When the President considers it practicable and in the public interest, the President shall include in the President’s budget transmitted to Congress, for each fiscal year in which the term of office of the President will expire, such funds as may be necessary for carrying out the authorities of this subsection.
(4) The Archivist is authorized to dispose of such Presidential records which the Archivist has appraised and determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation. Notice of such disposal shall be published in the Federal Register at least 60 days in advance of the proposed disposal date. Publication of such notice shall constitute a final agency action for purposes of review under chapter 7 of title 5, United States Code.
That is what I thought too. Erikson is a major dunce and I can’t stand him. The guy is a fat, mental midget.
It wasn’t until the FBI got evidence indicating that Trump may have moved some of the boxes preventing his attorneys from searching them for documents responsive to the subpoena that they got the search warrant.
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Good points. I’m not up on everything. Were classified docs found in the boxes that were moved?
No. Just no. That’s insane.
That has absolutely no bearing on Counts 32-37 of the Indictment.
Blah blah blah...”The law”. I’m sure this is where these scoundrel draw the line. The law is nothing but a weapon to be used against your enemies. Nothing more, they have no high ground whatsoever no matter how many “statutes” one quotes. I can make a “legal” defense for Trump but what is the point. The law is, if you’re Trump you’re not allowed to be President and if you break that law we’ll destroy you, your Presidency, your family, the country and the world. Stop giving these thugs credibility or the benefit of the doubt. Everyone should be standing in front of their homes, consealed weapon at the ready at this point. The country has been overthrown.
Writer is a moron.
That’s legal and normal for Presidentscafter they leave office.
There normally not a presumption of guilt.
There is in this case because it is a political motivated case to neutralize a political opponent and “enemy of the state.”
Full on corruption abuse of power banana republic tactics.
Careful, you are making too much sense for many on FR that think the administrative state owns everything and the duly elected executive branch has no authority whatsoever.
There is no question he’s being persecuted compared to other Democrats, that doesn’t matter as this point, he is in real trouble.
BTW, in case you didn’t know, Trump himself nominated the judge to the Federal Courts, if she’s corrupted them Trump can be blamed for nominating her, is that what you are saying ???
Every time something bad happens to Donald Trump it can’t be blamed on the Democrats cheating or the legal system is corrupt.
It was corrupt the charges were brought at all, now that trial date has been set, it’s time to talk about how to beat the case, not accusing the judge of corruption, which would be a sure-fire way to end up a convicted felon.
I agree the Espinage Act case is absurd and should be tossed on merits.
Luckily, for Trump, you are not his attorney.
The old, “But officer, other cars were speeding too” defense generally won’t fly.
Brett Bair was playing the roll as Biden defender. He had an excuse for everything Biden did and couldn’t think of a reason why the President may want to hold on to any documents...When he left with the documents, he was President of the United States. This is more of the same nonsense that’s been going on for Years....where are the tax returns?!?!? He has to give up his buildings if he wants to be President!!! Emolument clause!! He has Property in Russia!! Putin helped him!! Subpoena the translators!! How could he take a call from Taiwan! Quid Pro Quo!!! It’s ALL fake and far too many fools Herr are playing along
I’ve read it before. It’s meaningless unconstitutional bull shit. Trump, while President, deemed through action, the record he took with him, his records. Nothing more is required. That’s the power of the chief executive.
I don’t think it was specified in the indictment.
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