You are ignoring the recent precedence of the SockDrawer case, where the Obama DOJ literally argued that a federal record became a presidential record the moment it came into possession of POTUS, that POTUS had sole discretion over whether than presidential record was personal or official, and most significantly, POTUS's determinations on such issues were final, not even subject to review.ATL Bear said:I don't think you've read the indictment. Trump hid boxes from his own attorney tasked with pulling out documents marked classified, secret, confidential, etc. under federal subpoena, asked him to remove ("pluck") some of those documents he found in what he searched, then had his attorneys sign a subpoena certification that it's all been reviewed and turned over only for the FBI to find out a month or so later about those other boxes leading to the search warrant where they find dozens more.whiterock said:Everything he's done is covered by powers stated in NARA and by Federal Court ruling. His retention while still in office deemed the documents as personal rather than official records.Quote:If by "trivial process irregularities" you mean intentionally lying to investigators, hiding documents from subpoena, asking to have someone hide and/or destroy documents, and actively showing unauthorized people classified documents that weren't declassified (Trump's on tape with that), then we have different interpretations of that phrase.Quote:Weak argument.Quote:It's only a double standard in this situation if Biden or Pence had acted like Trump when their documents were discovered, and been given a pass.Quote:
The "unforced error" argument is ironic in the extreme. Pointing out the intolerable double standard is not rallying support. It's just pointing out the intolerable double standard. If we do not protest loudly now, we are ceding the premise that others may be similarly targeted in the future, should they become too effective.
1) Pence was not POTUS so did not have same express and implied powers.
2) Most of Biden's docs were retained while he also did not have express/implied powers of POTUS.
3) The fact that Biden did allow FBI to search his residence to see/seize what was there did not change the nature of his power to retain all of them taken there while POTUS, or thereafter.
All class/declass power flows from POTUS. That is a very short, powerful sentence which Trump critics are trying desperately to ignore. A POTUS cannot commit a security violation. At every turn, POTUS actions with classified documents are dispositive, to include the determination of what are official and private documents (per Fed court ruling).
Your argument ultimately devolves to the presumption that a Lieutenant can relieve a General over trival process irregularities
Trump was in full rogue mode after he left office, and this is one action he took where it's likely going to bite him.
you neverTrumpers are getting way out over your skis on this one. USG does not have an open/shut case here. The standard I cite is the baseline of precedence, the predicate for his actions. USG will be arguing to narrow that precedence. It is hardly a slam dunk they will succeed.
And you of all people should know that battle plan outlines and intelligence briefings and reports are not "personal" documents.
The courts will have to curtail that standing precedent.
Of course, a criminal trial leaves such questions to a jury (which of course why this issue when to criminal cort rather than civil court). But that jury determination will be subject to appeal. SCOTUS is not going to view this issue early as narrowly as you are. They are going to recognize it for what it is....an effort to subject Presidential power to review by subordinate officers. Such a writhing pile of knotted snakes that will make government unfunctionable. SCOTUS will not allow it.