Mr. Shapley, in fact, also told Congress that his investigation had uncovered some evidence that some of the claims of the elder Mr. Biden’s involvement were mere “wishful thinking.”
He told of an interview conducted with Hunter Biden’s business associate Rob Walker, who told investigators that it was “projection” that former Vice President Biden would get involved in their business ventures.
“I certainly never was thinking at any time the V.P. was a part of anything we were doing,” Mr. Walker said, according to Mr. Shapley.
Walker answered: "I think that maybe James was wishful thinking or maybe he was just projecting that, you know, if this was a good relationship and this was something that was going to happen, the VP was never going to run, just protecting that, you know, maybe at some point he would be a piece of it, but he was more just, you know -- it looks terrible, but it's not. I certainly never was thinking at any time the VP was a part of anything we were doing."
The WhatsApp message was among a batch of documents released by the Ways and Means Committee along with the transcripts of interviews with Mr. Shapley and a second I.R.S. investigator whose name was redacted.
The two investigators, one of whom described himself as a Democrat, told Congress of a lengthy period of strife between them and others involved in the investigation. They said a particular prosecutor at the Justice Department blocked some of their efforts and communicated too much information to Hunter Biden’s legal team.
Mr. Shapley suggested that I.R.S. investigators believed there were grounds to charge Mr. Biden with more serious crimes than he ultimately agreed to plead guilty to as part of his deal with the Justice Department. Mr. Shapley told the committee that he was “alleging, with evidence, that D.O.J. provided preferential treatment, slow-walked the investigation, did nothing to avoid obvious conflicts of interest in this investigation.”
“Tell the director that I would like to resolve this now before it gets out of hand, and now means tonight,” Mr. Biden wrote, referring to other participants in the proposed deal. “And, Z, if I get a call or text from anyone involved in this other than you, Zhang, or the chairman, I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction.”
Taken at face value, the message would undercut President Biden’s longstanding claims that he had nothing to do with his son’s international business deals.
However, in a more generalised sense, I do think a blanket denial of trans womanhood that simply designates trans women as men who "like to wear dresses " or change their bodies to look like women is transphobic, though not necessarily ill-intentioned (this seems to be @NOS4A2's stance).
If consciousness is strictly a bodily function, we'd have to explain how it is that the body doesn't adapt, but the mind does.
What moral standard puts Hilllary's behavior on the bad side, and Trump's on the good side?
They weren't personal records. The Presidential Records Act doesn't given the President authority to declare that agency records are his personal records.
Information that has not previously been disclosed to the public under proper authority may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552), the Presidential Records Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of section 3.5 of this order only if such classification meets the requirements of this order and is accomplished on a document-by-document basis with the personal participation or under the direction of the agency head, the deputy agency head, or the senior agency official designated under section 5.4 of this order. The requirements in this paragraph also apply to those situations in which information has been declassified in accordance with a specific date or event determined by an original classification authority in accordance with section 1.5 of this order.
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
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.
Isn't that exactly what he did? If not, how would you describe what he did?
I don't believe he was indicted for stealing documents, but for retaining them, hiding them, and lying about having them.
