FBI Raid On Trump's Mar-A-Lago Had No Valid Legal Basis

[Marener]

...but a sitting President is a 'Declassifying Agent', which means he has the authority to declassify / order the declassification of almost any information he wants to.

I can't believe YOU don't know this, despite your seemingly attempt to pass yourself off as some 'expert' on the subject, giving your OPINIONiof what Trump could/ could not do.

What did he declassify?

 

[LA RAM FAN]

View attachment 686564

Indeed she is going to hell for her lying.

 

[Jim H - VA USA]

Did you even read the PRA that you linked to? If you had, you would have found this:

• Establishes that Presidential records automatically transfer into the legal custody of the Archivist as soon as the President leaves office.

What part of the above, did you not get?

Excuse me, I read the PRA I linked.

While you may have read it, you did not think about it enough. You don't have a bombshell there.

I have addressed your point in this thread already, but I will note that you don't seem to understand the difference between "legal custody" and "physical custody."

They are not necessarily inclusive. Legal custody, means legal authority to make decisions regarding the subject matter. The docs can be in Trump's basement, or some third-party building and the Archivist can still have legal custody, of course.

Regards,
Jim

 

[Magnus]

Excuse me, I read the PRA I linked.

While you may have read it, you did not think about it enough. You don't have a bombshell there.

I have addressed your point in this thread already, but I will note that you don't seem to understand the difference between "legal custody" and "physical custody."

They are not necessarily inclusive. Legal custody, means legal authority to make decisions regarding the subject matter. The docs can be in Trump's basement, or some third-party building and the Archivist can still have legal custody, of course.

Regards,
Jim

LOL Rump should retain you as counsel. Your excuse is even more novel than the ones they have come up with. Even they do not argue over the meaning of "legal" and "physical" custody.

Sorry chum, you lose. You should have done a bit more research.

Transfer of Custody. At the conclusion of a president’s term of office, Subsection 2203(g) provides for the transfer control of custody of presidential records from the president to the archivist, who must deposit the records in an archive.

Trump’s Presidential Records Act Violations: Short- and Long-Term Solutions

What are available mechanisms for accountability against a president who violates these rules?

www.lawfareblog.com

Also here...
In 1978, Congress enacted the PRA, which applied the public custody and control principle of the PRMPA to presidential records generally. The PRA states that “[t]he United States shall reserve and retain complete ownership, possession, and control of Presidential records.” It establishes a complex system for processing presidential records and assigns to the archivist of the United States (and NARA, which the archivist oversees) independent legal responsibility for custody, preservation and access control of these records.
Biden vs. Trump: Who Has the Last Word on Presidential Records?

 

[Chillicothe]

In yesterday's 'The Hill'....a right-leaning website news organization (the owner is a golfing partner of DonT.)..... published an analysis of one aspect of those Mar-A-Lardo 'illegalities' controversy.

Now, to be sure, there are many 'analysis' going on. Some by eminently qualified enforcement, legal, or documentarian voices. Others...... ah well, they too often are partisan talking heads. And that's OK. Sometimes they add unique perspective....both those who fanboy for Trump, and those who are NeverTrump types.

So, here is what Jimmy Finklestein's publication, The Hill, offered:

"Former President Trump’s resistance to turning over what now appears to be a much larger tranche of documents than previously known could strengthen a potential case from the Justice Department against him and renews questions over whether the delay harmed national security.

A letter released by the National Archives on Tuesday indicates that an initial batch of 15 boxes of documents taken from Mar-a-Lago in January included 100 classified documents totaling 700 pages.

And reporting from The New York Times late Monday indicates that the government has recovered at least 300 classified documents from Trump since he left office.

Both offer insight into the volume of documents Trump took with him as he left office.

But the letter from the National Archives also shows the resistance Trump’s team had to any members of the intelligence community reviewing the documents so they could begin to assess whether there was damage done to any national security partners or methods.

“The volume of the documents and the length of the dispute, I think, makes the case stronger for the government that Donald Trump’s retention of these documents was willful,” said Barbara McQuade, a former U.S. attorney, noting that the charges being weighed by the government require showing intent.

“When you have 300 of them, and you retain them for over a year after repeated requests, and they come down a few times, and you still have them — it seems that the case has become much stronger. And I think it becomes much more difficult for the Justice Department to simply say, ‘We’ve got documents back. We’re going to declare victory and go home,’” she added.

“And charging him is not an easy decision. But man, at some point, how do you decline to charge him when his conduct has been so egregious."

(emphasis added)

Trump defiance of DOJ on classified docs comes into sharper focus

Former President Trump’s resistance to turning over what now appears to be a much larger tranche of documents than previously known could strengthen a potential case from the Justice Department aga…

thehill.com

 

[jc456]

Hey, trumptard. You disappeared on me yesterday. Still waiting for your answer to my question:

What kind of punishment do you think that your orange fuhrer should get for not turning in the classified documents?

he didn't do that at all. There's that. so take your TDS dream and stick under your pillow for more dreams tonight.

 

[jc456]

LOL Rump should retain you as counsel. Your excuse is even more novel than the ones they have come up with. Even they do not argue over the meaning of "legal" and "physical" custody.

Sorry chum, you lose. You should have done a bit more research.

Transfer of Custody. At the conclusion of a president’s term of office, Subsection 2203(g) provides for the transfer control of custody of presidential records from the president to the archivist, who must deposit the records in an archive.

Trump’s Presidential Records Act Violations: Short- and Long-Term Solutions

What are available mechanisms for accountability against a president who violates these rules?

www.lawfareblog.com

Also here...
In 1978, Congress enacted the PRA, which applied the public custody and control principle of the PRMPA to presidential records generally. The PRA states that “[t]he United States shall reserve and retain complete ownership, possession, and control of Presidential records.” It establishes a complex system for processing presidential records and assigns to the archivist of the United States (and NARA, which the archivist oversees) independent legal responsibility for custody, preservation and access control of these records.
Biden vs. Trump: Who Has the Last Word on Presidential Records?

yep, after Trump turns them over. Like what obammy's doing now.

 

[Jim H - VA USA]

The WSJ is just flat wrong.

https://int.nyt.com/data/documenttools/national-archives-letter-trump-fbi/1a5fa3f08cdb0f7d/full.pdf

The DoJ, even the Biden admin, bent over backwards to cut Don some slack as evidenced by this letter. The letter also provides the legal predicate for the issuance of the search warrant.

Thanks for your opinion, but I think there were probably some developments subsequent to your May 10th link requesting FBI access. I also don't see how your link directly shows the WSJ opinion is wrong. Your link says that the Archivist got tired of waiting for a privilege review by Team Trump.

Importantly, your link says,
"Accordingly , NARA will provide the FBI access to the records in question , as requested by the incumbent President , beginning as early as Thursday, May 12, 2022."

That means that NARA was acting under direct order from Biden.

So why does the Biden Admin now claim they knew nothing?

Your link also seems to indicate that NARA had access to the records, and was going to provide access to the FBI to perform a review. Nothing about an imminent raid being necessary.

 

[Magnus]

he didn't do that at all. There's that. so take your TDS dream and stick under your pillow for more dreams tonight.

LOL. What the fuck do you think the FBI visit and your orange douchebag whining is all about, chump?

No wonder Rump loves his poorly educated idiots.

 

[jc456]

LOL. What the fuck do you think the FBI visit and your orange douchebag whining is all about, chump?

No wonder Rump loves his poorly educated idiots.

illegally interfering in the life of a former president for a political opponent. Shameful to say the least. Traitorous as well.

 

[Magnus]

yep, after Trump turns them over. Like what obammy's doing now.

But he didn't. Hence his legal problems.

What's the matter, bud? Are you ok? You seem to be having problems understanding simple concepts. Hope you feel better.

 

[Magnus]

illegally interfering in the life of a former president for a political opponent. Shameful to say the least. Traitorous as well.

Is that what the orange douche bag has been telling you, idiots? And you believed him? LOL

 

[Marener]

Is that what the orange douche bag has been telling you, idiots? And you believed him? LOL

They were fine with it when Trump tried to do it to Biden.

 

[Jim H - VA USA]

Nope! Cash Patel claims it, who is lying.

You can't wave a magic wand to declassify secrets and top secrets....it is ridiculous that you even believe one could. There is a process to declassify, so all of govt is on the same page and they are marked correctly....its done, one document at a time, and the presidents signature to reclassify top secret, and the date the president declassified.

I think easyt65 is correct about the magic wand. Here's what I dug up from Left-Wing sources before this raid....

Trump's "Standing Order" for Declassification: Complete Bullshit

https://www.cnn.com/2022/08/18/politics/trump-claim-standing-order-declassify-nonsense-patently-false-former-officials/index.html 18 former members of his Admin say it's horse shit. has ANY member of the Admin claimed they had ever heard of it?

www.usmessageboard.com

 

[jc456]

Is that what the orange douche bag has been telling you, idiots? And you believed him? LOL

no, that's what the constitution tells me. But you haven't a clue about what that is. peanut butter boi.

 

[jc456]

They were fine with it when Trump tried to do it to Biden.

do what? 47 year career who couldn't bolster more than 2 million votes in any other presidential run? hahahahahahhhahahahahaha, history isn't your friend.

 

[Magnus]

They were fine with it when Trump tried to do it to Biden.

Of course. They also cheered when he led the chant "LOCK HER UP"!!!

And yet, after repeated requests to return the classified documents, the authorities get a legal search warrant, they then inform him and his lawyers about their visit, and what do the trumptards now cry? "GESTAPO"!!!!

They love to dish it out and but when things get a bit warm for them, they start sobbing for mommy!!!

 

[jc456]

Of course. They also cheered when he led the chant "LOCK HER UP"!!!

And yet, after repeated requests to return the classified documents, the authorities get a legal search warrant, they then inform him and his lawyers about their visit, and what do the trumptards now cry? "GESTAPO"!!!!

They love to dish it out and but when things get a bit warm for them, they start sobbing for mommy!!!

it was fun indeed. she deserved it all. fk her and her hate. Signed Deplorable.

 

[Jim H - VA USA]

Good stuff.

Double standards attempted. Looks like there is a doozy of a precedent on this.

 

[Jim H - VA USA]

AND most IMPORTANTLY the former president has ACCESS to his records....he DOES NOT hold on to them or store them, himself. He has full access, not possession, under the law!

The law says "legal custody," not "physical possession." There is a big difference.

Think about what legal custody means, for example, a house or a child.