aka "bucks bro, esquire". 
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.
aka "bucks bro, esquire".
I see the confusion now. You misread the sentence. The judge could have used a few more commas to make it clear.
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.
Try reading it this way and it becomes clear.
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.There is no itemized list of records that are sent to NARA as you originally read the sentence. The personal records are kept, and the rest of the "non-retained" records are "transmitted" (read: returned) to NARA as "Presidential records."
-PJ
[joesbucks #573] Google, Yahoo, Duck-Duck Go, MSN and Dogpile are your friend. However, when did Trump transmit to the Archives the files he planned to make personal? I’ve searched & searched and just can’t find it.
[joesbucks #579] 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.
There appears to be no cure for stupid.
Judge Cannon: 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.
ALL the records categorized as Presidential became the responsibility of the Archivist the instant Trump left office at noon on inauguration day. All the records filed separately as Personal records were forwarded by the government to Trump's residence. What Trump excluded from the records left for the Archivist constitutes a president's categorization of those excluded records as Personal under the Presidential Records Act. Google, Yahoo, Duck-Duck Go, MSN and Dogpile evidently did not teach you reading comprehension.
If you simply read what I posted or watched the short video of attorney Robert Gouveia at #577 you would not be making a fool of yourself prattling on and on about Trump's transmission to the archives. The President does not transmit anything to the Archives.
Also, if you are going to prattle on about the Presidential Records Act, try reading the damn thing.
"(f) (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 Act."(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.
Once you figure out that as soon as the President leaves office, the Presidential records are the responsibility of the Archivist, you can stop yammering about what President Trump did with them.
Whatever the President files separately is his personal records. The Archivist does not have a say in what the President designates as personal.
[joesbucks #579] 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.
That is proposed jury instruction one of two. If the current case moves forward, the prosecution must make all of the documents available to the jury for review. It would be a prosecution of a President after he left office for an alleged offense he could only have committed after he left office. A President can be prosecuted for acts committed after he leaves office. Perhaps you believe Presidents acquire lifetime immunity upon inauguration.