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?
Judge Cannon stated that what records Trump excluded from presidential records transmitted to NARA constitutes a president's categorization of those records as personal under the PRA.
The records that the Archivist did not get tells the Archivist that those records were classified as personal by the President. Records are categorized upon their creation by filing personal records separately from presidential records.
44 U.S.C. § 2203 (2021)
§2203. Management and custody of Presidential records
[excerpt]
(b) Documentary materials produced or received by the President, the President's staff, or units or individuals in the Executive Office of the President the function of which is to advise or assist the President, shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.
The Trump personal records were filed separately. The personal records were delivered to the Trump residence while he was President.
In Trump's case, the lawfulness of his possession was questioned by the National Archivist. The Archivist is without authority to classify any records as Personal or Presidential. Trump sought to have a court decide. The Biden administration, which had no authority to categorize Trump records as Presidential or Personal, recklessly decided to authorize and execute an unconstitutional general search warrant at Mar-a-Lago, to include riffling through Melania's panties. The unlawful search and seizure is coming home to roost.
JOE IN MARGERITAVILLE
My beanie is stellar
It has a propeller
It fits right in with my role
I lit up a doobie
It made a whole new me
Now I'm a freepin' liberal troll
Wastin' away again in Margeritaville
Searchin' for my lost cranial vault
Some people claim there's a substance to blame
But I know, it's society's fault
I don't know the reason
I stayed high all season
Nothin' to show but this Zig Zag tattoo
But it's a real pleasure
A liberal treasure
How it got here I haven't a clue
Wastin' away again in Margeritaville
Searchin' for my lost cranial vault
Some people claim there's a substance to blame
But I know, it's society's fault
I stepped on my roach clip
Threw out my left hip
Had to crawl all the way home
My brain's in a blender
It signalled surrender
To that concoction that helps me hang on
The brownies are baking
And soon they'll be taking
All of my mind and my soul
My brain's in a blender
It signalled surrender
And now I'm a freepin' liberal troll
Wastin' away again in Margeritaville
Searchin' for my lost cranial vault
Some people claim there's a substance to blame
But I know, it's my own damn fault
Yes, some people claim there's a substance to blame
But I know, it's my own damn fault fault.
Judge Cannon STUNS Jack Smith with Brutal Ultimatum and Left RAGES
Judge Cannon stunned Jack Smith and lefty lawyers by ordering the parties to agree on jury instructions that seem to seal the prosecution's fate before the trial even begins.
Robert Gouveia, Esq.
11m:15s
Regarding the Biden administration, which had no authority to categorize Trump records as Presidential or Personal, recklessly decided to authorize and execute an unconstitutional general search warrant at Mar-a-Lago, to include riffling through Melania's panties , if there was a ruling it was unconstitutional then we wouldn’t be here today. It’s only been claimed by some to be unconstitutional.
As you noted yesterday, Judge Cannon has laid the foundation on proceeding. Missing is Trump’s transmission to the Archives as to what was to be personal and presidential. Additionally In a prosecution of a former president (1) 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.
Interesting that this refers to the prosecution of a former president. I thought prosecuting a former president for an official act was unconstitutional. Yet Cannon cited it.
You have to remember that our resident FR Democrat operative disappeared from Free Republic for two weeks after the decisive victory in November 2016 [presumably to sulk after voting for himself instead of President Trump, only to see the Hated Orange One slap down Cankles] - only to re-emerge on the attack against Kellyanne Conway and Ben Carson...