[woodpusher]

He was asked by the National Archives beginning in May of 2021 to return the docs. It’s after being ignored that in June they notified Trump that they will refer the matter to the justice department if there is no compliance.

If the President classified a document as Personal and the Archivist classifies it as Presidential, from where does the Archivist obtain the authority to classify a document as either Personal or Presidential, or to overrule the President?

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.407.0.pdf

With respect to the proposed language pertinent to the issue of “unauthorized possession” specifically, the parties must engage with the following competing scenarios and offer alternative draft text that assumes each scenario to be a correct formulation of the law to be issued to the jury, while reserving counterarguments.

(a) In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in his/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act (PRA).³

(b) A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision. Although there is no formal means in the PRA by which a president is to make that categorization, an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.

Either (a) the jury has to see the document to make a finding of fact beyond a resonable doubt that it is Personal or Presidential, or (b) A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision.

Judge Aileen Cannon, March 18, 2024.

[kiryandil]

And in HORRIBLE news for Democrat Party stooges on FR [of whom there are less, quite recently], the jury isn’t a New Jerk sChitty Democrat jury or a Democrat jury in the District of Selective Prosecution of The Republican Enemy.

[Political Junkie Too]

The news now is that Smith is peeved that Judge Cannon did this and is looking for ways to have her removed from the case. It's as if Smith felt that only he had the authority to box the other participants into corners that he alone established. It's also as if Smith feels that he has the superior authority over everyone else. I'm wondering if Smith is even looking into whether he has the authority to arrest Judge Cannon if she gets too close to stopping his case.

I like that Cannon set up two strawman arguments as frameworks that distill the nuggets of the arguments from both sides. I think she did this to give the appellate court a roadmap to go by when the case eventually ends up there.

-PJ

[joesbucks]

From the text: an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.

Where is the record of transmission of categorization to the Archives?