....on the President and his home.
First, the Presidential Records Act is not a criminal statute, and violations of that federal law do not constitute a crime. Second, the Presidential Records Act does not reach broad swathes of documents retained by a former president, including “official records of an agency,” “personal records,” and convenience copies of presidential records. And third, the courts have refused to question a former president’s conclusion that a record constitutes a “personal record” and not a “presidential record.”
The first legal principle of note concerns a president’s power to declassify documents. As Trump’s attorney stressed in a May 2022 letter to the DOJ, which the government released along with the redacted version of the search warrant affidavit, “a president has absolute authority to declassify documents.”
“Under the U.S. Constitution, the President is vested with the highest level of authority when it comes to the classification and declassification of documents,”......Citing both the Constitution and Navy v. Egan, 484 U.S. 518, 527 (1988), wherein the United States Supreme Court wrote, “the President’s authority to classify and control access to information bearing on national security … flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant,” Corcoran countered the DOJ’s attempt to frame NARA’s discovery of documents marked “classified” as warranting a criminal investigation."
thefederalist.com
"Redacted Mar-A-Lago Affidavit Confirms Biden’s DOJ Fished For A Crime To Pin On Trump
Manipulating the criminal code to find a basis to search the home of a political enemy represents an appalling weaponization of the criminal justice system.First, the Presidential Records Act is not a criminal statute, and violations of that federal law do not constitute a crime. Second, the Presidential Records Act does not reach broad swathes of documents retained by a former president, including “official records of an agency,” “personal records,” and convenience copies of presidential records. And third, the courts have refused to question a former president’s conclusion that a record constitutes a “personal record” and not a “presidential record.”
The first legal principle of note concerns a president’s power to declassify documents. As Trump’s attorney stressed in a May 2022 letter to the DOJ, which the government released along with the redacted version of the search warrant affidavit, “a president has absolute authority to declassify documents.”
“Under the U.S. Constitution, the President is vested with the highest level of authority when it comes to the classification and declassification of documents,”......Citing both the Constitution and Navy v. Egan, 484 U.S. 518, 527 (1988), wherein the United States Supreme Court wrote, “the President’s authority to classify and control access to information bearing on national security … flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant,” Corcoran countered the DOJ’s attempt to frame NARA’s discovery of documents marked “classified” as warranting a criminal investigation."
Mar-A-Lago Affidavit Proves DOJ Fished For A Crime To Get Trump
Manipulating the criminal code to find a basis to search the home of a political enemy is a weaponization of the criminal justice system.
thefederalist.com
