I don't care if Bill Barr says that he has a case.......Merrick Garland has no legal standing to investigate Trump on any documents that were at Mara-lago....and he knows it. Here's why:
"When government drones “classify” documents, they do so only because their authority comes from the president. They can neither challenge nor exceed the president’s authority. Neither can Congress for that matter.
This isn’t me saying that. This is the Supreme Court of the United States in an unchallenged decision that relies on a long-standing (as in, back to 1788) assignment of power to the executive. Presidents can voluntarily respect a national security law, but they do not have to abide by it.
That’s because the president—and only the president—has plenary power when it comes to national security matters. Plenary power means “a power that has been granted to a body or person in absolute terms, with no review of or limitations upon the exercise of that power.”
The leading case on this is Navy v. Egan, 484 U.S. 518 (1988), which considered whether a civil service board can review a “laborer’s” being denied national security clearance. In that context, the Supreme Court was clear about the president’s plenary power:
The President, after all, is the “Commander in Chief of the Army and Navy of the United States.” U.S.Const., Art. II, § 2. His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant. See Cafeteria Workers v. McElroy, 367 U. S. 886, 367 U. S. 890 (1961).
Note that there are no procedural rules the president must follow to exercise his authority. Again, that’s because neither Congress nor the bureaucracy (which reports to the president) has the power to impose rules on him.
Because Trump was still the President of the United States, at the very moment when he transferred those documents from the White House to his private residence, they were automatically and instantly declassified. After that, nothing in his possession was either “sensitive” or “classified,” and neither the current nor the past Attorney General can change that fact."
Bill Barr’s latest anti-Trump diatribe explodes the myth that he’s a wise man
The Bible holds that “Even a fool, when he holdeth his peace, is counted wise…” (Proverbs 17:28.) In the modern era, with attribution to Mark Twain, Abraham Lincoln, or others, that’s been reworked as “Better to remain ...
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