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DOJ says Watergate Presidential Records Act Unconstitutional

Posted on 4/3/26 at 12:05 am
Posted by DeathByTossDive225
Baton Rouge
Member since Sep 2019
8189 posts
Posted on 4/3/26 at 12:05 am
Interesting development here flying under the radar

ABC News

quote:

The PRA exceeds the oversight power because it serves no identifiable and valid legislative purpose. It exceeds any preservation power because Congress cannot preserve presidential records merely for the sake of posterity," the 52-page opinion said.

Coming one day after Trump unveiled a first look at his planned presidential library, the opinion -- if adopted by the Trump administration -- could upend the established process for ensuring the public ownership of presidential records.

Drafted in the wake of Watergate, the Presidential Records Act was passed in 1978 and changed the legal ownership of presidential records from private to public. Every president since Ronald Reagan has been subject to the law, which places the National Archives and Records Administration in control of the official records -- such as emails, phone records, and other documentary material created by the president and his staff in the course of their duties -- once the president leaves office.

With three years left in Trump's second term, his Department of Justice now says the president "need not further comply" with the law governing the handover of his presidential records.

The DOJ's Office of Legal Counsel is tasked with issuing legal advice for the executive branch, but the Trump administration could face a legal challenge if they attempt to implement the policy.

This post was edited on 4/3/26 at 12:08 am
Posted by TBoy
Kalamazoo
Member since Dec 2007
28360 posts
Posted on 4/3/26 at 12:06 am to
Criminals always try to cover up their crimes.
Posted by DeathByTossDive225
Baton Rouge
Member since Sep 2019
8189 posts
Posted on 4/3/26 at 12:09 am to
Essentially would make it legal to destroy documents.
Posted by beaux duke
Member since Oct 2023
4503 posts
Posted on 4/3/26 at 12:11 am to
most transparent administration in my lifetime
Posted by AlterEd
Cydonia, Mars
Member since Dec 2024
9643 posts
Posted on 4/3/26 at 12:16 am to
Meanwhile, we can't see the names of congressmen who have used taxpayer funds to the tune of millions per year to pay out hush funds to sexual harassment/assault victims. From BOTH sides of the aisle. But anything to blame Trump, amirite?

frickin hack.
This post was edited on 4/3/26 at 12:19 am
Posted by jammajin
Member since Jul 2024
1686 posts
Posted on 4/3/26 at 12:18 am to
I don’t know what this thread is about but I can tell from the first 3 posters how soy it is.

Drivel and beau must be getting paid by the post this week.
Posted by DeathByTossDive225
Baton Rouge
Member since Sep 2019
8189 posts
Posted on 4/3/26 at 12:22 am to
quote:

Drivel and beau must be getting paid by the post this week.

“Everyone who disagrees with me is paid or a bot or a terrorist!”
quote:

I don’t know what this thread is about

“Also I am retarded and cannot read.”
Posted by DeathByTossDive225
Baton Rouge
Member since Sep 2019
8189 posts
Posted on 4/3/26 at 12:23 am to
quote:

Meanwhile, we can't see the names of congressmen who have used taxpayer funds to the tune of millions per year to pay out hush funds to sexual harassment/assault victims. From BOTH sides of the aisle.

I mean I agree with you here Ed, but I’m not sure how that makes the issue in OP any better.
Posted by beaux duke
Member since Oct 2023
4503 posts
Posted on 4/3/26 at 12:25 am to
quote:

I mean I agree with you here Ed, but I’m not sure how that makes the issue in OP any better.

agree. can we stay on topic of trump hiding his presidential records? does there always have to be whataboutism?
Posted by AlterEd
Cydonia, Mars
Member since Dec 2024
9643 posts
Posted on 4/3/26 at 12:36 am to
quote:

agree. can we stay on topic of trump hiding his presidential records? does there always have to be whataboutism?


I just like to point out that you're a frickin hack who can't ever recognize fault unless that fault, in your eyes, lies with Donald Trump.

Whether it's you stumping for pedophile protectors in your own home state because they're Democrats and trying to label people in the Trump administration pedophile protectors because you will think it can score political points, or shite like this, it makes no difference.

You are the worst and most obvious hack that posts on this website
Posted by MikkUGA
Destin
Member since Jun 2014
2813 posts
Posted on 4/3/26 at 12:57 am to
The reason they are doing this is because the raid on Mar a Largo. This way if the President declassified documents it keeps a future administration from saying he has classified information and just be allowed to raid his home and take what they want.

The "Plenary" Declassification Power: The administration’s stance is that a President’s power over classified info is "plenary" (absolute). If the President says something is declassified—even if there’s no paper trail—this DOJ opinion suggests that no subordinate agency (like the FBI) has the authority to second-guess that decision later.

Targeting the National Archives: Most document-related investigations start when the National Archives (NARA) notices something is missing and refers it to the DOJ. If NARA no longer has the legal right to demand those records, that referral "trigger" disappears.

However it also does something else. Private property doesn't carry the same "Executive Privilege" protections as official government records. If they are just "personal papers," a future administration could argue they aren't protected by the high bar of presidential immunity and could be subpoenaed just like any other private citizen's files.
This post was edited on 4/3/26 at 1:09 am
Posted by ole man
Baton Rouge
Member since Nov 2007
17720 posts
Posted on 4/3/26 at 3:31 am to
Doesn't take long to figure that at if you have a brain, But plenty people don't have a brain that works
Posted by Sofaking2
Member since Apr 2023
20626 posts
Posted on 4/3/26 at 4:34 am to
quote:

Democrats always try to cover up their crimes.
Posted by Houag80
Member since Jul 2019
19054 posts
Posted on 4/3/26 at 5:33 am to
And here come the skyscreamers...like moths to a flame; moreover, like flies to shite.
Posted by trinidadtiger
Member since Jun 2017
19638 posts
Posted on 4/3/26 at 6:06 am to
This wouldnt change anything.

The PRA does not give ownership of your wife's panties to National Archives......but that didnt stop the corrupt FBI.

I refer to the one infamous footnote in Durham's report.

"We could put new regulations in place to address this......but if they are not following the ones already in place, it will make no difference. "
Posted by Nosevens
Member since Apr 2019
18667 posts
Posted on 4/3/26 at 6:51 am to
“ The reason they are doing this is because the raid on Mar a Largo. This way if the President declassified documents it keeps a future administration from saying he has classified information and just be allowed to raid his home and take what they want.

The "Plenary" Declassification Power: The administration’s stance is that a President’s power over classified info is "plenary" (absolute). If the President says something is declassified—even if there’s no paper trail—this DOJ opinion suggests that no subordinate agency (like the FBI) has the authority to second-guess that decision later.

Targeting the National Archives: Most document-related investigations start when the National Archives (NARA) notices something is missing and refers it to the DOJ. If NARA no longer has the legal right to demand those records, that referral "trigger" disappears.

However it also does something else. Private property doesn't carry the same "Executive Privilege" protections as official government records. If they are just "personal papers," a future administration could argue they aren't protected by the high bar of presidential immunity and could be subpoenaed just like any other private citizen's files.
This post was edited on 4/3/26 at 1:09 am”


^^^^^^^
This !!

Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37026 posts
Posted on 4/3/26 at 6:59 am to
I'm impressed that a person from Ar-Kansas can put together so many words into a semi- legible paragraph. Congratulations on using spell check!
Posted by DeathByTossDive225
Baton Rouge
Member since Sep 2019
8189 posts
Posted on 4/3/26 at 7:43 am to
quote:

The reason they are doing this is because the raid on Mar a Largo. This way if the President declassified documents it keeps a future administration from saying he has classified information and just be allowed to raid his home and take what they want. The "Plenary" Declassification Power: The administration’s stance is that a President’s power over classified info is "plenary" (absolute). If the President says something is declassified—even if there’s no paper trail—this DOJ opinion suggests that no subordinate agency (like the FBI) has the authority to second-guess that decision later. Targeting the National Archives: Most document-related investigations start when the National Archives (NARA) notices something is missing and refers it to the DOJ. If NARA no longer has the legal right to demand those records, that referral "trigger" disappears. However it also does something else. Private property doesn't carry the same "Executive Privilege" protections as official government records. If they are just "personal papers," a future administration could argue they aren't protected by the high bar of presidential immunity and could be subpoenaed just like any other private citizen's files.

In other words if a president wants to legally hide documents, he just has to move them from the White House or destroy them.
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
37496 posts
Posted on 4/3/26 at 8:12 am to
quote:

Criminals always try to cover up their crimes.
quote:

TBoy

Not always. Sometimes they don't care, and just do it right out in the open, and everyone ignores it.



Posted by PsychTiger
Member since Jul 2004
108784 posts
Posted on 4/3/26 at 8:16 am to
quote:

Criminals always try to cover up their crimes.



Or wipe them clean, like, with a cloth.
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