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re: Federal Judge Reveals BIDEN WH Ordered FBI Access to Mar-a-Lago Documents

Posted on 9/8/22 at 8:39 am to
Posted by Decatur
Member since Mar 2007
28719 posts
Posted on 9/8/22 at 8:39 am to
quote:

He actually can. And it is likely not even subject to judicial review. Though that part isn’t as clear. Per uncontested court precedent (Armstrong and the Clinton tapes case).


From JW v NARA

quote:

The PRA authorizes NARA to invoke the same enforcement mechanism embodied in the Federal Records Act, which begins with a request to the Attorney General to institute an action for the recovery of missing records. Compare 44 U.S.C. § 2112(c) with 44 U.S.C. § 3106. The statute does not mandate that NARA invoke this enforcement scheme but rather vests complete discretion with the agency to utilize that mechanism. 44 U.S.C. § 2112(c) (“When the Archivist considers it to be in the public interest, he may . . . .” (emphasis added). The Archivist has chosen to invoke the mechanism in the past when it deemed such action appropriate. See, e.g., United States v. McElvenny, No. 02-3027, 2003 WL 1741422 (S.D.N.Y. April 1, 2003) (seeking recovery of a map of Cuba annotated by President John F. Kennedy during the Cuban Missile Crisis).


quote:

He allowed them to come and take whatever they wanted. They had unfettered access.


I assume you aren’t referring to the search of MAL pursuant to the search warrant. But this isn’t an accurate description of anything that came before that.
Posted by TheRouxGuru
Member since Nov 2019
8622 posts
Posted on 9/8/22 at 8:44 am to
Honest question… do you think that the way they are going after trump is warranted? Why is he such a threat to the democratic party?
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