Isn't that exactly what he did? If not, how would you describe what he did?
They are his documents. — NOS4A2
Enacted November 4, 1978,[4] the PRA changed the legal ownership of the President's official records from private to public ... The Presidential Records Act was enacted in 1978 after President Richard Nixon sought to destroy records relating to his presidential tenure upon his resignation in 1974. The law superseded the policy in effect during Nixon’s tenure that a president’s records were considered private property, making clear that presidential records are owned by the public. — wiki
17. Pursuant to Executive Order 13526, information classified at any level could be lawfully accessed only by persons determined by an appropriate United States government official to be eligible for access to classified information and who had signed an approved non-disclosure agreement, who received a security clearance, and who had a “need-to-know” the classified information. After his presidency, TRUMP was not authorized to possess or retain classified documents. — Paragraph 17 of the indictment
He could pardon himself on day one, then the trumped up supreme court majority would rule on a challenge a year or two later. In the meanwhile, who knows what he would do with the country.if Trump is elected, he could make it go away — frank
Just like Trump, Hillary stupidly acted in spite of technical and legal advice. She was guilty as hell, and as a consequence, and directly due to Comey's last minute antics, lost the election."what about Hillary?" — GRWelsh
The question remains, though. In these sad times, no matter how clearly it is shown that the law has been violated, will it matter? What is or is not lawful doesn't seem to be a concern in our politics, nor does it seem to be a concern of many of our politicians. — Ciceronianus
Does he? It's as simple as him saying "this is mine" and all the rules about handling and disclosure are out the window? — Srap Tasmaner
17. Pursuant to Executive Order 13526, information classified at any level could be lawfully accessed only by persons determined by an appropriate United States government official to be eligible for access to classified information and who had signed an approved non-disclosure agreement, who received a security clearance, and who had a “need-to-know” the classified information. After his presidency, TRUMP was not authorized to possess or retain classified documents.
But during his presidency, Trump was authorized to posses, declassify, and determine as personal records those documents. — NOS4A2
(3) The term “personal records” means all documentary materials, or any reasonably segregable portion therof,[2] of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes—
(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;
(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and
(C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.
Plaintiff’s entire APA claim is predicated on the notion that the Archivist of the United States has a statutory duty to make his own classification decision and “to assume custody and control” of all Presidential records. There are a number of flaws with this argument. To begin with, the plain language of section 2203(f) of the PRA does not say what plaintiff claims it does – that the Archivist must assume custody and control of all materials that fall within the definition of Presidential records. Tr. at 29:23–30:2. Rather, it states: “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.” 44 U.S.C. § 2203(f)(1) (emphasis added).
Court construes this language as requiring the Archivist to take responsibility for records that were designated as Presidential records during the President’s term. Even plaintiff tentatively agreed that the obligation to assume custody and control arises after a determination has been made that the documents are Presidential records. Tr. at 30:3–6. If certain records are not designated as Presidential records, the Archivist has no statutory obligation to take any action at all, and there is nothing to compel under the APA.
In order to accept plaintiff’s theory that section 2203(f)(1) of the PRA creates a mandatory duty for the Archivist to assume custody and control of what he or she considers to be Presidential records regardless of how the President designated the documents, the Court would be required to ignore the rest of the PRA’s statutory scheme. This it cannot do. See Chemehuevi Tribe of Indians v. Fed. Power Comm’n, 420 U.S. 395, 403 (1975) (stating that a statutory provision must be “read together with the rest of the Act”).
Section 2203(a) of the PRA directs the President, not the Archivist, to take:
all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory or other official or ceremonial duties are adequately documented, and that such records are maintained as Presidential records pursuant to the requirements of this section . . . .
44 U.S.C. § 2203(a). The only reference in the entire statute to the designation of records as personal versus Presidential also calls for the decision to be made by the executive, and to be made during, and not after, the presidency. It provides: “materials produced or received by the President, [and other Executive Office employees], shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.” Id. § 2203(b). The PRA contains no provision obligating or even permitting the Archivist to assume control over records that the President “categorized” and “filed separately” as personal records. At the conclusion of the President’s term, the Archivist only “assumes responsibility for . . . the Presidential records.” Id. § 2203(f)(1).8
The Court will grant the motion to dismiss pursuant to Rule 12(b)(1) because plaintiff's claim is not redressable. NARA does not have the authority to designate materials as “Presidential records,” NARA does not have the tapes in question, and NARA lacks any right, duty, or means to seize control of them. In other words, there has been no showing that a remedy would be available to redress plaintiff's alleged injury even if the Court agreed with plaintiff's characterization of the materials. Since plaintiff is completely unable to identify anything the Court could order the agency to do that the agency has any power, much less, a mandatory duty, to do, the case must be dismissed.
To start, presidents also routinely handle documents produced by departments and agencies like the Pentagon and the C.I.A. As agency records, they are instead governed by the Federal Records Act, which has no provision allowing a president to declare any to be his personal property.
The Presidential Records Act states that presidential records do not include “official records of an agency.” A 1993 ruling by the Court of Appeals for the District of Columbia Circuit says the law avoids any “potential definitional overlap” by making clear that if a document qualifies as an agency record, that trumps any possibility it could also be considered a presidential record.
“Certainly anything produced by an agency and given to a president would be considered an agency record,” Ms. Kwoka said.
Barr is a longtime proponent of the unitary executive theory of nearly unfettered presidential authority over the executive branch of the U.S. government. — wiki
Trump regularly shredded "both sensitive and mundane" papers while at the White House, at Mar-a-Lago, and on Air Force One,[11][12] despite repeated admonishments from at least two of his chiefs of staff and from White House counsel.[11] His aides had developed special practices and protocols early in his presidency to retrieve the piles of torn paper and attempt to tape documents back together with the help of staffers from the Office of the Staff Secretary or the Oval Office Operations team.[11][13] — wiki
Trump took classified documents, either out of spite or looking to make a buck somehow (as always), — Mikie
He thrill-seeks. He breaks the law for entertainment. He thinks the rules apply to other people, not him. Brawling with societal norms, he must believe, raises his status in the pecking order. Normally, teenagers grow out of this behavior and stop joy-riding in stolen cars, bullying the weak and generally acting like a juvenile delinquent. But the latest indictment shows, as if we needed convincing, that Grandpa Trump has only grown into the behavior. — Politico
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