Trump holding onto documents, nullifies any claim of executive privilege.

I think you're confusing executive privilege. That pertains to documents that deal with advice / communications between the president and the presidents cabinet and advisors. Communications offering advice or guidance, that might shape decisions by the president.
The current President has sole authority over claims of executive privilege for past or present documents. If some documents should be excluded from the investigation as the DoJ review revealed, those docs will not be included. But no matter what qualifications the docs have all official docs belong to the National Archives.
 
Here's one example


They sued and won, convincing the state Supreme Court that McAuliffe had overstepped his clemency powers. It found that the governor can only restore voting rights on a case-by-case basis, not en masse.

Okay, that has nothing to do with classifying documents.
 
The poor quality of Trump's team of attorneys, a self inflicted wound because of his track record as a client, is in full view right now.

Former President Donald J. Trump may have thought that he was playing offense when he asked a federal judge last week for an independent review of documents seized from his residence in Florida — a move that, at best, could delay but not derail an investigation into his handling of the records.
But on Tuesday night, the Justice Department used a routine court filing in the matter to initiate a blistering counteroffensive that disclosed new evidence that Mr. Trump and his legal team may have interfered with the inquiry.
In the filing, in Federal District Court for the Southern District of Florida, department officials revealed more details about the classified materials that Mr. Trump had taken from the White House, including a remarkable photograph of several of them arrayed on the floor of Mar-a-Lago, his home and private club in Florida. In what read at times like a road map for a potential prosecution down the road, the filing also laid out evidence that Mr. Trump and his lawyers may have obstructed justice.

It was as if Mr. Trump, seeming not to fully grasp the potential hazards of his modest legal move, cracked open a door, allowing the Justice Department to push past him and seize the initiative.

 
The current President has sole authority over claims of executive privilege for past or present documents. If some documents should be excluded from the investigation as the DoJ review revealed, those docs will not be included. But no matter what qualifications the docs have all official docs belong to the National Archives.
Actually, as what seems to be the point of the thread. The presidential records act, grants the ex-president, certain controls over his presidential records, within the National Archives.

From the PRA:

Codifies the process by which former and incumbent Presidents conduct reviews for executive privilege prior to public release of records by NARA

Former presidents exert some executive privilege control of their documents. But only those in the National Archives. The documents Trump held onto, remain under the sole control of the current chief executive, when it comes to exerting executive privilege. And so far Biden has said, he was not exerting the privilege.
 
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So, you acknowledge you pulled it out of your ass.

You're dismissed.
That's what backagain tried to claim. You can look back to see that Adams nominated William Marbury to a justice of the peace position, and the senate confirmed his appointed. But his paperwork was never delivered to him. So he sued to force the government to deliver his papers.

A long story made short. The court said the congress erred in making a law expanding supreme court authority beyond article III. And that since his paperwork wasn't delivered, Adams intentions through nominating him meant nothing.
And pardons are something the president has unquestioned power to grant.
 

The presidential records act keeps the National Archive from releasing any presidential records for the first 5 years. And gives the president and the ex-president the right to invoke claims of executive privilege over PRA documents in the hands of the National Archives.

The current documents seized by the FBI and in the hands of the FBI, which being in the executive branch, the supreme court gave the current president sole authority over invoking executive privilege over executive branch records.

In brief, Trump has executive privilege over the records he turned over to the National Archives, but Biden has executive privilege over the records Trump failed to turn over to the National Archives. Which makes a special master moot when it comes to determining executive privilege over the documents seized by the FBI.
 
Trump has no control over the documents the FBI seized. He has no ownership rights over any presidential record, nor can he claim executive privilege over them.

Sorry Charlie.
except he does. the courts will tell you that shortly.
 
The current President has sole authority over claims of executive privilege for past or present documents. If some documents should be excluded from the investigation as the DoJ review revealed, those docs will not be included. But no matter what qualifications the docs have all official docs belong to the National Archives.

Sure, but all presidential docs do NOT belong to the NARA.
For example, communications between an ex-president and lawyers, while president.
And only the ex-president can go through them and sort.
This super master may be a compromise?
 
The poor quality of Trump's team of attorneys, a self inflicted wound because of his track record as a client, is in full view right now.

Former President Donald J. Trump may have thought that he was playing offense when he asked a federal judge last week for an independent review of documents seized from his residence in Florida — a move that, at best, could delay but not derail an investigation into his handling of the records.
But on Tuesday night, the Justice Department used a routine court filing in the matter to initiate a blistering counteroffensive that disclosed new evidence that Mr. Trump and his legal team may have interfered with the inquiry.
In the filing, in Federal District Court for the Southern District of Florida, department officials revealed more details about the classified materials that Mr. Trump had taken from the White House, including a remarkable photograph of several of them arrayed on the floor of Mar-a-Lago, his home and private club in Florida. In what read at times like a road map for a potential prosecution down the road, the filing also laid out evidence that Mr. Trump and his lawyers may have obstructed justice.

It was as if Mr. Trump, seeming not to fully grasp the potential hazards of his modest legal move, cracked open a door, allowing the Justice Department to push past him and seize the initiative.

all documents from a former president are declassified. How else does the archive get them?
 
Trump has no control over the documents the FBI seized. He has no ownership rights over any presidential record, nor can he claim executive privilege over them.

Sorry Charlie.

He can't claim executive privilege, but can claim client/attorney privilege, individual privacy, etc.
He can also claim rights to memoirs, future evidence, etc.
The only thing the FBI can use to justify this is if they can prove he was deliberately going to try to violate FOIA.
 
except he does. the courts will tell you that shortly.
DOJ already made clear in their 36 page response, that Trump has little standing in the matter. He doesn't own the presidential records, and he has no executive privilege over them.
 
Sure, but all presidential docs do NOT belong to the NARA.
For example, communications between an ex-president and lawyers, while president.
And only the ex-president can go through them and sort.
This super master may be a compromise?
One problem with your statement. The PRA requires that the president do that WHILE IN OFFICE. And to keep personal papers completely separate from president records.

So when the National Archives comes to pick up the papers from the white house, they would already have been separated by the president.

By Trump mixing up papers, in violation of the PRA, he has limited recourse.
 
all documents from a former president are declassified. How else does the archive get them?
Don't be a fool. The National Archives has a classified records office.
In fact, when museums or collectors stumble on classified records in their collections, they call the office within the National Archives to pick up classified records.
 
He can't claim executive privilege, but can claim client/attorney privilege, individual privacy, etc.
He can also claim rights to memoirs, future evidence, etc.
The only thing the FBI can use to justify this is if they can prove he was deliberately going to try to violate FOIA.
Trump continually violated the PRA.

That limits his rights.

The time to separate personal from presidential records was before he left office, not after. So while they may grant Trump access to go through his documents (or actually the person named to oversee his presidential records) there will be limits on sorting documents that should have been sorted long ago.
 
DOJ already made clear in their 36 page response, that Trump has little standing in the matter. He doesn't own the presidential records, and he has no executive privilege over them.
As they attempted to use their Jedi magic to say, we don’t need a special master, the president pee memoir
 
Trump continually violated the PRA.

That limits his rights.

The time to separate personal from presidential records was before he left office, not after. So while they may grant Trump access to go through his documents (or actually the person named to oversee his presidential records) there will be limits on sorting documents that should have been sorted long ago.
Nope
 

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