Presidential records act
Presidents have supreme authority over classified documents
We have no idea what these supposed papers actually detailed, but let's assume that they were top secret Iran attack plans that still have relevance and are in classified storage in the DOD somewhere....
Let's also assume that Trump did not declassify these records, even though one could argue that his mere act of taking them affirmatively shows that he declassified them.
Trump says that these documents were given to him. That means, clearly, that they were his presidential records, doesn't it?
Here is a legal definition of presidential records...
The term “Presidential records” means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.
www.law.cornell.edu
And if they are his presidential records, then they are covered by 44 US Code, The Presidential Records Act.
This act is specific to documents (etc) possessed by presidents and former presidents. As such, it supersedes other general laws related to classified documents (Bill Clinton Sock Drawer).
The act states:
(1) Upon the conclusion of a President’s term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President. The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this chapter.
www.law.cornell.edu
The main goal here is to facilitate prompt release to the public. The subject documents would not be released to us little people anyway, and Trump's position is that he was actively working with the Archivist to return relevant records as time permitted.
(3) the Presidential records of a former President shall be available to such former President or the former President’s designated representative.
www.law.cornell.edu
This does not necessarily mean that he gets to keep everything, but he is still authorized to see it all, as he has seen it before.
There are no criminal penalties whatsoever applicable to a former president under the act.
Additionally,
1. He knew he was being recorded.
2. We have no idea what these papers were, and no way to prove it now.
3. The conversation was light-hearted - "Weiner is a pervert."
4. Why is the Left taking Trump's word for everything - they say he lies about everything, but they believe him when he says Milley wanted to attack Iran?
Not going to prove beyond a reasonable doubt that Trump was violating the espionage act, withholding documents, false statements, and conspiracy obstruction.
Verdict:
