Posted on 03/19/2024 4:26:36 PM PDT by Macho MAGA Man
Judge Aileen Cannon issued a jury instruction order in Jack Smith’s classified documents case and the leftist legal analysts are going apocalyptic.
Cannon gave two options for jury instructions.
The first option:
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).
The second option is:
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.
(Excerpt) Read more at thegatewaypundit.com ...
But if he declares them personal presidential records, that’s the end of that.
Who knew that Fort Pierce Florida would put a dagger through the heart of Jackula Smith.
Wait a minute. That did not come out right.
What I meant to say is ....
Cannon is a judge in the US District court for South Florida
NOT the District of Columbia.
The US District court for DC IS the DOJ’s kangaroo court. Americans just don’t get it.
Congress needs to act. They created the US District Court in DC - and they can eliminate it.
I couldn’t agree more.
Fake charges by a fake judicial system. Putin has a more fair judicial system than America.
wow...Judge gets the Jury to be the special master...
I thought it was supposed to be personal or presidential.
“In 1978, Congress passed the Presidential Records Act (PRA), which states that any records created or received by the President as part of his constitutional, statutory, or ceremonial duties are the property of the United States government and will be managed by NARA at the end of the administration.”
What I’m saying is that it doesn’t really matter to the indictment what the papers are. If the government said, “Give us those rocks. You were supposed to leave them here” and a judge said, “Yeah, give the government back those rocks,” then he was supposed to return them. Smith is saying he kept the rocks, lied about having the rocks, and hid the rocks.
Making public that they were defense documents was just to smear the president.
I’d rather they go Apoplectic.
“A Vice President or Senator does not have the authority to declassify anything.’”
Have known this for decades.
Most of the US doesn’t seem to have a clue.
“My understanding - I am not a lawyer - is that it doesn’t matter if the documents were classified, declassified, never classified. President Trump was told to return them...”
Perhaps you can tell us WHO “told Trump to return documents” and WHO would have the authority to demand a President/ex President to turn over documents legally in his possession.
Maybe after Joe Biden and Gavin Newsom both lose big time, the Democrats will look for pragmatists like Jimmy Carter and Bill Clinton.
Roy Cooper (NC) would be a good choice.
No more ideologues.
So if you are the manager of a company and the receptionist tells you to do something do you need to do it?
The National archivists are the equivalent of librarians and they have no right to demand anything.
PS.....You may want to familiarize yourself with the PRA before attempting to answer my inquiry.
“ If the POTUS says it is not classified, IT IS NOT CLASSIFIED. Since POTUS Trump has declared it to be “NOT CLASSIFIED” then it can certainly be shown to a jury.”
Yes.
Deep state sees itself as the higher authority. This prosecution is actual insurrection.
Wow. Good instructions, backed up by Code.
Now, if the judge could just have someone translate it from legalese so low-IQ jurors could understand it...
If a photo is taken inside a classified facility it is classified at the level of that facility, it does not matter what is shown. The photo needs to be downgraded by the oversite authority which was/is not the DOJ. Without that downgrade markings it does not matter what the coversheets say, it is classified.
Not quite right...If a VP classifies a document, he can de-classify it. Same with anyone else who can classify documents...and there are many within any administration.
Cannon gave two options for jury instructions.
The first option:
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).
The second option is:
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.
I would hope the Trump Legal team files for dismissal with extreme prejudice.
(I'm no lawyer, don't play one on TV and no, I haven't slept at a Holiday Inn.)
I’ve slept at many of Holiday Inns all over the country back in the day.
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