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re: Tell me how the PRA doesnt apply to Trump

Posted on 6/10/23 at 6:42 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466154 posts
Posted on 6/10/23 at 6:42 am to
quote:

Anyhow, a reminder to all: his pursuers are, what, still like 0 - 10 against him in this category of attempted legal takedowns

They have at least one, that civil trial. More if you count the lost legal challenges after 2020.

Nothing criminal yet for sure.
Posted by ChexMix
Taste the Deliciousness
Member since Apr 2014
25494 posts
Posted on 6/10/23 at 6:43 am to
quote:

he showed the secret stuff was a writer who could plausibly be expected to share those secrets with the public.

Trump had full authority to declass anything he wanted
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466154 posts
Posted on 6/10/23 at 6:43 am to
quote:

Prove the CH docs weren't in the huge amount of documents normally accumulated by a President of 4 years.

Why does this matter?

The documents Trump is accused of taking pursuant to this indictment have nothing to do with that case.

quote:

Does it not make perfect sense they would take what Trump so clearly declassified that was evidence that they were crooked AF?


Give me the documents that were just used in the Durham report?
Posted by Bunk Moreland
Member since Dec 2010
66653 posts
Posted on 6/10/23 at 6:44 am to
I feel like the obstruction part is where he is screwed.

The Espionage Act, though, is a terrible catch-all. Matt Taibbi said a year ago in the piece I note below that if Trump is indicted for violating it, that is a badge of honor.





This post was edited on 6/10/23 at 6:58 am
Posted by BamaAggiemom
Member since Aug 2019
517 posts
Posted on 6/10/23 at 6:48 am to
On Oct 1,1978, Carter divulged that we had a secret surveillance program on TV. By doing that, he declassified the information.

The President has lots of leeway.

Posted by Diseasefreeforall
Member since Oct 2012
7190 posts
Posted on 6/10/23 at 6:49 am to
quote:

Trump had full authority to declass anything he wanted


That would matter under the subsection they charged him but there is another subsection of that same statute for which is doesn't matter if he lawfully possessed the documents.

They could charge him under that if they wanted. Maybe mischarging him could come back to haunt the prosecutors. IANAL so I don't know the in's and out's of that.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
80039 posts
Posted on 6/10/23 at 6:50 am to
quote:

I feel like the obstruction part is where he is screwed.


Maybe. But the obstruction laws are just as murky and subject to human opinion.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
69019 posts
Posted on 6/10/23 at 7:00 am to
His alleged obstruction would be a matter with NARA anyway. They are turning and administrative dispute into a criminal one. He had authority to have the docs. I am not sure any serious person is disputing that. It's hard to even consider the aspect of him supposedly waving a classified doc around in a recorded meeting because they've put it in the context of the espionage act which has never been considered in matters of presidential records. They are making it all up as they go.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466154 posts
Posted on 6/10/23 at 7:10 am to
quote:

It's hard to even consider the aspect of him supposedly waving a classified doc around in a recorded meeting

Why?

quote:

the espionage act which has never been considered in matters of presidential records. They are making it all up as they go.


Just because no former President has been as idiotic with his records as Trump doesn't mean there isn't legal overlap

Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
80039 posts
Posted on 6/10/23 at 7:21 am to
quote:

They are making it all up as they go.



Just like they are ignoring Biden's bribes that they had several more years to study.

Unlike espionage, records acts, and obstruction,
bribery laws are fairly simple to apply but they opt not too.

This is political situation, not a justice situation.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
69019 posts
Posted on 6/10/23 at 7:22 am to
quote:

Just because no former President has been as idiotic with his records as Trump


Is that a fact?
Posted by Fun Bunch
New Orleans
Member since May 2008
127950 posts
Posted on 6/10/23 at 7:23 am to
Documents that are under the national defense constitutionally are controlled by both the President and Congress, declassification wise. If it’s a national defense record it’s possible it was not a “personal record” to fall under PRA.
Posted by jbdawgs03
Athens
Member since Oct 2017
12518 posts
Posted on 6/10/23 at 7:24 am to
According to the newly united Ronbot / leftists front yes that’s true lol
Posted by Fun Bunch
New Orleans
Member since May 2008
127950 posts
Posted on 6/10/23 at 7:27 am to
quote:

Trump had full authority to declass anything he wanted


Not National Defense documents

Congress has to be involved in those decisions.

Article 3 Section 8
Posted by Fun Bunch
New Orleans
Member since May 2008
127950 posts
Posted on 6/10/23 at 7:29 am to
Joe Biden kept his records on random garages and corvettes and wasn’t even President. Hillary, also not President, destroyed classified records on an illegal private server with a hammer.

The audio of him bragging about the document is not great though.
Posted by Smalls
Southern California
Member since Jul 2009
10295 posts
Posted on 6/10/23 at 7:29 am to
quote:

“Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President’s term and in his sole discretion,” Jackson wrote.


Assuming this quote is accurate, it reads as if:

1. It’s talking about where the president stores materials…for example, mixed in with personal papers and correspondence in the fourth floor residence at the White House.

AND

2. During the term of his presidency.

At 12:00 PM on January 20, 2021, he became just like you and me.
Posted by Indefatigable
Member since Jan 2019
35711 posts
Posted on 6/10/23 at 7:29 am to
quote:

Article 3 Section 8

??
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
69019 posts
Posted on 6/10/23 at 7:30 am to
National security information can be included in presidential records.
Posted by Fun Bunch
New Orleans
Member since May 2008
127950 posts
Posted on 6/10/23 at 7:32 am to
Sorry. Article 1. I just woke up cut me some slack.
Posted by Fun Bunch
New Orleans
Member since May 2008
127950 posts
Posted on 6/10/23 at 7:34 am to
Yes, Congress granted some level of national security docs to be included by codifying the PRA. My only point was that the President doesn’t actually have universal, absolute declassification power. There are some things that Congress has some level of control over.
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