SCOTUS Ruling on Trump Presidential Immunity

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whiterock
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FLBear5630
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whiterock said:

FLBear5630 said:

whiterock said:

FLBear5630 said:

4th and Inches said:

fubar said:

FLBear5630 said:

RD2WINAGNBEAR86 said:

Mitch Blood Green said:

RD2WINAGNBEAR86 said:

Mitch Blood Green said:

I'm not sure this ruling says anything.

President has immunity for official acts. (Assumed)
No immunity for unofficial acts (also assumed)

Now we argue what is and didn't official and unofficial.
Have you been taking speech lessons from Kamala? That was one fine word salad. A little Bleu Cheese please!


I assume college grads can read and comprehend.
So you don't consider a President declassifying documents an official act? If not, why not? Seems pretty clear to me.
If he did, you are correct. The question becomes how does he declassify? Just thinking it is declassified, no document management? I could even go as far IF he had a written policy that anytime he takes it to the residence it is declassified, at least there is some type of thought and control. But, after the fact in Mar Lago bathroom? Not so much.
Well, he's on tape showing a reporter a document that he said was classified; that he could've declassified it; but that he didn't.

Beyond that, there is a process for declassifying documents.

But none of this matters to the True Believers.
there is no beyond that.. he said he didnt so he didnt. When he says it is, it is.. the only hang up is NDI which most isnt


Really, so there are Docs that we are treating as Classified, possibly prosecuting people for sharing, that are really not Classified because Trump took them to the ****ter? There is no record, no Doc Mgt, no chain of custody, for the action but because POTUS had to take a **** they are now declassified? They have to be, because he has them in Mar Lago.

That really sounds Constitutional?
Yes. POTUS is not bound by any of that, given that he wrote the Executive Order which delegates HIS authority on Doc Mgmt (which varies widely between agencies), on chain of custody (which varies widely among agencies), and all other questions to others. If he chooses to take a document to the ****ter, or to hand it to someone who is not cleared, or to walk out onto the stage in a Press Conference and hold it up for the world to see, he has the explicit statutory power to do so without any prior action or approval. HE IS THE ORIGINATING AUTHORITY on all matters. Such has always been so. He DELEGATES that power to others, with terms and conditions with apply to them but not him. It's silly to suggest that he must amend an XO before he taking an action. Making a spur of the moment judgement call is clearly within his powers. Who would he be subordinate to....himself?

There are two checks and balances on that broad power: Impeachment, and elections.

Dude. POTUS is not a staff sgt. at brigade HQS. Or a case officer in a station in some dusty distant land. Those folks are bound by procedures set forth in XO. The guy who wrote the XO is not.
I agree, he has the ability to class and declass, no one is questioning that ability. What everyone is questioning is whether he ACTUALLY DID IT.

There is no record, no chain to follow, nothing but Classified Docs in Mar Lago bathroom.
He is not bound by the requirements he levied on you and me.

POTUS or not, he still has to actually perform the act. He has to say this is declassified and then it has to go downstream.
Not so. He can decide in mid-sentence to share classified information and do so, and is not bound by any requirement to document it.

OR, you have no idea what is classified and what is not. Either a document is classified or it is not. Even if it is only declassified at the POTUS level, once he leaves the White House he is no longer POTUS and he can't have it.
Again, the circular problem = you are subordinating his powers to his powers. If he declassifies it, it is declassified, end of story. Stepping out of office does not "reclassify" the document. And that's before we get to what the courts have recently affirmed about broad, unreviewable power to determine what are personal records and what are official records. The ruling was broad, and concerned classified materials.

Which is it? No one is questioning his ability as POTUS to class or declass. But there has to be some record, he can't be the only one that knows.
Nope. There is no statutory requirement to perfect a declassification. All such questions are HIS. He breaks no law If he forgets to tell the aid to document the declass. Forgetting to tell the aid to document the declass does not undo the declassification (with respect to him).

Hell, you got a whole intel mechanism thinking Docs are classified when they really are not because Trump Declassified them and took him to FLA.
Were you not taught all this stuff about executive power? I was. Each and every person and office in that "mechanism" is acting with powers delegated by him. If they see him acting in deviance to guidance, it means he is exercising inherent powers to deviate from standing guidance at that particular place & time & purpose.

What you are saying makes no sense and does not fit with the way National Security docs are maintained.
National Security documents are maintained under procedures set forth in a Presidential Executive Order (which does not bind the POTUS).

Maybe CIA has classified docs all over and no one is sure what is classified or not.
Well, yes, in a sense, since every office at CIA HQS has vaulted doors, so one does leave classified docs out unsupervised at night. (That's one of the luxuries of working at Hqs - no need to spin up to four combination locks to get to your stuff.) But one thing everyone at Hqs understands is that they have no business scolding a POTUS for his/her handling of classified materials.

But, I know for a fact that is not how it works in other Agencies. Where is the Doc Mgt and Chain showing he declassified Docs?
There is no such process at CIA Hqs for Confidential, Secret, or Top Secret documents. There are some compartmentation categories within the Secret or Top Secret levels, though, but that's for a tiny percentage of the flow. Your penetration of the Chinese Foreign MInistry? Restricted Handling, with all the stuff you're talking about. But a report from a Nigerian Military officer about his conversation with a Chinese General over bi-lateral military ties? Just another secret classified document in a six-inch stack on top of the desk in a vaulted space.
\
You can't validate parking in DC without it being documented. But Trump can Declass Nuclear information and no one has a record! You are really gulping the kool aid.
No, I'm citing the broad scope of Presidential powers on classification, which you keep ignoring. The POTUS is not bound by procedures you and I operated under (which were wildly different, a point I'll elaborate on below)

Trump is going to win, he is the best choice we have right now. That does not make him right on how the Docs were handled. Take a fine and be done with it.
Classified documents are rare things in the military. Not so in the intel community. EVERYTHING is classified. The chains of custody & such you talk about above? I never saw one. Not one document in a slip. I chose the classified documents I got to keep in my 1" file folder for reference. Did not need any approval to put them there, or to use them, or to shred them. As long as they were in the safe, in that vault, in that station which had a vaulted door.....I was good to go. Now, if I left one out on the desk, or it fell behind the desk or safe.....big deal. But "controls" over the documents themselves? In ten years, three stations and four different offices at HQS....never saw that a single time.

Why is that?

Because the President delegates broad powers to Agency heads, who then delegate further to Security and CI staffs, who actually write the rules for each agency. You were not bound by the rules I operated under. And the same in reverse. Because the two missions were so totally different (and I could go on quite a bit about all how that affected wildly different procedures). So which sets of rules, DOD vs CIA, are we to apply to POTUS? Does POTUS have to comply with ALL sets of agency rules (formed under powers delegated by him?

No. that is pretzel logic. POTUS is not bound by the rules you operated under. Or the rules I operated under. He can do whatever the hell he wants to do with classified information. He is accountable to voters and to impeachment if he goes hog wild. And having a couple dozen classified documents in folders with personal presidential records is, in the overall scope of things, the furthest thing from hog wild....so many "outs" to justify their presence and their retention.

Apparently you were not taught this in OCS. I was in CT Program.
We will see. There has to be some record somewhere that an action took place. I was taught that any word POTUS mentions is documented by several Staffers. He can't take a **** without a staffer being involved, never mind Declass National Security docs.

S2 is ALL Classified. If one document does not have a record of who has it, when it was taken, when it was returned and for what use the lock down the whole HQ. And these are docs on drop zones, photos, etc... Never mind Nuclear triad information or response protocols. Think about your logic, you are playing semantic games. He does not technically have to do so, but when have you ever seen the process not followed? It is, everytime because otherwise you end up in jail... If he Declassed those documents there would be a paper trail.

Even so, the whole issue are the Docs he took that NARA needed back. Every President has to give back Classified information when they leave. Trump didn't. Just give back what they asked for, what is the big deal? Why make it into this?????
Malbec
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4th and Inches said:

Frank Galvin said:

whiterock said:

Frank Galvin said:

Yeah it's the Democrats who are authoritarian. Let's just ignore the fact that the GOP nominees to SCOTUS just made up presidential immunity to protect their own.

One of the key aspects and enabling factors for facists is the idea that the law does not apply to them. Your party just did that.
you just formed a circular alimentary canal. SCOTUS did not rule on presidential immunity to protect Trump. They did it to protect Biden. (and every future POTUS).


You have become the monster Nietzsche warned us about.


Believe whatever you want despite all evidence and common sense. The point is that neither Biden, Trump or any future president deserves that protection. And the Constitution doesn't give it to them. Judicial fiat plain and simple.

You are a skilled debater because you always avoid the actual issue with decent sounding word salad. But I won't let it go because it is so simple. The point is that this SCOTUS placed the President-whoever he or she is-above the law. You can't get more authoritarian than that.
tell me you dont understand the ruling without telling me
Well, you know, SMU Law School and all that.
JXL
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Frank Galvin said:

whiterock said:

Frank Galvin said:

Yeah it's the Democrats who are authoritarian. Let's just ignore the fact that the GOP nominees to SCOTUS just made up presidential immunity to protect their own.

One of the key aspects and enabling factors for facists is the idea that the law does not apply to them. Your party just did that.
you just formed a circular alimentary canal. SCOTUS did not rule on presidential immunity to protect Trump. They did it to protect Biden. (and every future POTUS).


You have become the monster Nietzsche warned us about.


Believe whatever you want despite all evidence and common sense. The point is that neither Biden, Trump or any future president deserves that protection. And the Constitution doesn't give it to them. Judicial fiat plain and simple.

You are a skilled debater because you always avoid the actual issue with decent sounding word salad. But I won't let it go because it is so simple. The point is that this SCOTUS placed the President-whoever he or she is-above the law. You can't get more authoritarian than that.


Judges and prosecutors have had that same type of immunity for decades. Is that "above the law" as well?
Harrison Bergeron
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Frank Galvin said:

whiterock said:

Frank Galvin said:

Yeah it's the Democrats who are authoritarian. Let's just ignore the fact that the GOP nominees to SCOTUS just made up presidential immunity to protect their own.

One of the key aspects and enabling factors for facists is the idea that the law does not apply to them. Your party just did that.
you just formed a circular alimentary canal. SCOTUS did not rule on presidential immunity to protect Trump. They did it to protect Biden. (and every future POTUS).


You have become the monster Nietzsche warned us about.


Believe whatever you want despite all evidence and common sense. The point is that neither Biden, Trump or any future president deserves that protection. And the Constitution doesn't give it to them. Judicial fiat plain and simple.

You are a skilled debater because you always avoid the actual issue with decent sounding word salad. But I won't let it go because it is so simple. The point is that this SCOTUS placed the President-whoever he or she is-above the law. You can't get more authoritarian than that.
What you do not understand or are intentionally obtuse is that the Court has previously ruled that elected officials have immunity for "official acts." For example, we do not try Senators for "war crimes" for declaring war.

Here is the most egregious example: https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3676&context=mlr

Not sure if it is lack of self-awareness or intentional tribal hysterics that prevent you from understanding that the novelty and unprecedented behavior hear is not SCOTUS but the use of lawfare to interfere with elections and undermine democracy. In the usually projection, it is the democrats offering up two standards of justice depending on political party. Of course, this is the party that demands one minute the judiciary never be questioned and the next that SCOTUS should be impeached because it disagrees with a particular ruling. As usual, every accusation is a confession.
Harrison Bergeron
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JXL said:

Frank Galvin said:

whiterock said:

Frank Galvin said:

Yeah it's the Democrats who are authoritarian. Let's just ignore the fact that the GOP nominees to SCOTUS just made up presidential immunity to protect their own.

One of the key aspects and enabling factors for facists is the idea that the law does not apply to them. Your party just did that.
you just formed a circular alimentary canal. SCOTUS did not rule on presidential immunity to protect Trump. They did it to protect Biden. (and every future POTUS).


You have become the monster Nietzsche warned us about.


Believe whatever you want despite all evidence and common sense. The point is that neither Biden, Trump or any future president deserves that protection. And the Constitution doesn't give it to them. Judicial fiat plain and simple.

You are a skilled debater because you always avoid the actual issue with decent sounding word salad. But I won't let it go because it is so simple. The point is that this SCOTUS placed the President-whoever he or she is-above the law. You can't get more authoritarian than that.


Judges and prosecutors have had that same type of immunity for decades. Is that "above the law" as well?
Depends on if the judge is a democrat or a republican. I still want to know if his inability to grasp this is intentional or anti-intellectual.

It's pure politics plain and simple. The left is butthurt over their plan to interfere in an election and undermine democracy.
4th and Inches
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The immunity ruling is the latest dog whistle for the left to control the narrative after the disaster in the debate..

Bidens 4 minute teleprompter remarks are ridiculus and basicaly say Trump has unlimited power so you have to vote for me, the nice guy because i wont abuse it- same guy who has more EOs than any prior president
“Mix a little foolishness with your serious plans. It is lovely to be silly at the right moment.”

–Horace


“Insomnia sharpens your math skills because you spend all night calculating how much sleep you’ll get if you’re able to ‘fall asleep right now.’ “
Whiskey Pete
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Frank Galvin said:

whiterock said:

Frank Galvin said:

Yeah it's the Democrats who are authoritarian. Let's just ignore the fact that the GOP nominees to SCOTUS just made up presidential immunity to protect their own.

One of the key aspects and enabling factors for facists is the idea that the law does not apply to them. Your party just did that.
you just formed a circular alimentary canal. SCOTUS did not rule on presidential immunity to protect Trump. They did it to protect Biden. (and every future POTUS).


You have become the monster Nietzsche warned us about.


Believe whatever you want despite all evidence and common sense. The point is that neither Biden, Trump or any future president deserves that protection. And the Constitution doesn't give it to them. Judicial fiat plain and simple.

You are a skilled debater because you always avoid the actual issue with decent sounding word salad. But I won't let it go because it is so simple. The point is that this SCOTUS placed the President-whoever he or she is-above the law. You can't get more authoritarian than that.
Last time I checked, checks still exist with the powers to impeach and convict granted to Congress.

Trying to say SCOTUS just put the office of the presidency above the law is ridiculous.
Whiskey Pete
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4th and Inches said:

same guy who has more EOs than any prior president
I hate to correct people that I generally agree with, but that statement isn't correct.

FDR had over 3,700 EOs

Even Trump had more EOs than Biden

https://www.presidency.ucsb.edu/statistics/data/executive-orders
whiterock
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FLBear5630 said:

whiterock said:

FLBear5630 said:

whiterock said:

FLBear5630 said:

4th and Inches said:

fubar said:

FLBear5630 said:

RD2WINAGNBEAR86 said:

Mitch Blood Green said:

RD2WINAGNBEAR86 said:

Mitch Blood Green said:

I'm not sure this ruling says anything.

President has immunity for official acts. (Assumed)
No immunity for unofficial acts (also assumed)

Now we argue what is and didn't official and unofficial.
Have you been taking speech lessons from Kamala? That was one fine word salad. A little Bleu Cheese please!


I assume college grads can read and comprehend.
So you don't consider a President declassifying documents an official act? If not, why not? Seems pretty clear to me.
If he did, you are correct. The question becomes how does he declassify? Just thinking it is declassified, no document management? I could even go as far IF he had a written policy that anytime he takes it to the residence it is declassified, at least there is some type of thought and control. But, after the fact in Mar Lago bathroom? Not so much.
Well, he's on tape showing a reporter a document that he said was classified; that he could've declassified it; but that he didn't.

Beyond that, there is a process for declassifying documents.

But none of this matters to the True Believers.
there is no beyond that.. he said he didnt so he didnt. When he says it is, it is.. the only hang up is NDI which most isnt


Really, so there are Docs that we are treating as Classified, possibly prosecuting people for sharing, that are really not Classified because Trump took them to the ****ter? There is no record, no Doc Mgt, no chain of custody, for the action but because POTUS had to take a **** they are now declassified? They have to be, because he has them in Mar Lago.

That really sounds Constitutional?
Yes. POTUS is not bound by any of that, given that he wrote the Executive Order which delegates HIS authority on Doc Mgmt (which varies widely between agencies), on chain of custody (which varies widely among agencies), and all other questions to others. If he chooses to take a document to the ****ter, or to hand it to someone who is not cleared, or to walk out onto the stage in a Press Conference and hold it up for the world to see, he has the explicit statutory power to do so without any prior action or approval. HE IS THE ORIGINATING AUTHORITY on all matters. Such has always been so. He DELEGATES that power to others, with terms and conditions with apply to them but not him. It's silly to suggest that he must amend an XO before he taking an action. Making a spur of the moment judgement call is clearly within his powers. Who would he be subordinate to....himself?

There are two checks and balances on that broad power: Impeachment, and elections.

Dude. POTUS is not a staff sgt. at brigade HQS. Or a case officer in a station in some dusty distant land. Those folks are bound by procedures set forth in XO. The guy who wrote the XO is not.
I agree, he has the ability to class and declass, no one is questioning that ability. What everyone is questioning is whether he ACTUALLY DID IT.

There is no record, no chain to follow, nothing but Classified Docs in Mar Lago bathroom.
He is not bound by the requirements he levied on you and me.

POTUS or not, he still has to actually perform the act. He has to say this is declassified and then it has to go downstream.
Not so. He can decide in mid-sentence to share classified information and do so, and is not bound by any requirement to document it.

OR, you have no idea what is classified and what is not. Either a document is classified or it is not. Even if it is only declassified at the POTUS level, once he leaves the White House he is no longer POTUS and he can't have it.
Again, the circular problem = you are subordinating his powers to his powers. If he declassifies it, it is declassified, end of story. Stepping out of office does not "reclassify" the document. And that's before we get to what the courts have recently affirmed about broad, unreviewable power to determine what are personal records and what are official records. The ruling was broad, and concerned classified materials.

Which is it? No one is questioning his ability as POTUS to class or declass. But there has to be some record, he can't be the only one that knows.
Nope. There is no statutory requirement to perfect a declassification. All such questions are HIS. He breaks no law If he forgets to tell the aid to document the declass. Forgetting to tell the aid to document the declass does not undo the declassification (with respect to him).

Hell, you got a whole intel mechanism thinking Docs are classified when they really are not because Trump Declassified them and took him to FLA.
Were you not taught all this stuff about executive power? I was. Each and every person and office in that "mechanism" is acting with powers delegated by him. If they see him acting in deviance to guidance, it means he is exercising inherent powers to deviate from standing guidance at that particular place & time & purpose.

What you are saying makes no sense and does not fit with the way National Security docs are maintained.
National Security documents are maintained under procedures set forth in a Presidential Executive Order (which does not bind the POTUS).

Maybe CIA has classified docs all over and no one is sure what is classified or not.
Well, yes, in a sense, since every office at CIA HQS has vaulted doors, so one does leave classified docs out unsupervised at night. (That's one of the luxuries of working at Hqs - no need to spin up to four combination locks to get to your stuff.) But one thing everyone at Hqs understands is that they have no business scolding a POTUS for his/her handling of classified materials.

But, I know for a fact that is not how it works in other Agencies. Where is the Doc Mgt and Chain showing he declassified Docs?
There is no such process at CIA Hqs for Confidential, Secret, or Top Secret documents. There are some compartmentation categories within the Secret or Top Secret levels, though, but that's for a tiny percentage of the flow. Your penetration of the Chinese Foreign MInistry? Restricted Handling, with all the stuff you're talking about. But a report from a Nigerian Military officer about his conversation with a Chinese General over bi-lateral military ties? Just another secret classified document in a six-inch stack on top of the desk in a vaulted space.
\
You can't validate parking in DC without it being documented. But Trump can Declass Nuclear information and no one has a record! You are really gulping the kool aid.
No, I'm citing the broad scope of Presidential powers on classification, which you keep ignoring. The POTUS is not bound by procedures you and I operated under (which were wildly different, a point I'll elaborate on below)

Trump is going to win, he is the best choice we have right now. That does not make him right on how the Docs were handled. Take a fine and be done with it.
Classified documents are rare things in the military. Not so in the intel community. EVERYTHING is classified. The chains of custody & such you talk about above? I never saw one. Not one document in a slip. I chose the classified documents I got to keep in my 1" file folder for reference. Did not need any approval to put them there, or to use them, or to shred them. As long as they were in the safe, in that vault, in that station which had a vaulted door.....I was good to go. Now, if I left one out on the desk, or it fell behind the desk or safe.....big deal. But "controls" over the documents themselves? In ten years, three stations and four different offices at HQS....never saw that a single time.

Why is that?

Because the President delegates broad powers to Agency heads, who then delegate further to Security and CI staffs, who actually write the rules for each agency. You were not bound by the rules I operated under. And the same in reverse. Because the two missions were so totally different (and I could go on quite a bit about all how that affected wildly different procedures). So which sets of rules, DOD vs CIA, are we to apply to POTUS? Does POTUS have to comply with ALL sets of agency rules (formed under powers delegated by him?

No. that is pretzel logic. POTUS is not bound by the rules you operated under. Or the rules I operated under. He can do whatever the hell he wants to do with classified information. He is accountable to voters and to impeachment if he goes hog wild. And having a couple dozen classified documents in folders with personal presidential records is, in the overall scope of things, the furthest thing from hog wild....so many "outs" to justify their presence and their retention.

Apparently you were not taught this in OCS. I was in CT Program.
We will see. There has to be some record somewhere that an action took place.
NOPE. No action is required to perfect his actions.

I was taught that any word POTUS mentions is documented by several Staffers. He can't take a **** without a staffer being involved, never mind Declass National Security docs.
Sure. He has note takers to document his statements, whether at a state function or a political fundraiser. But you once again, reflexively, try to apply to him the rules/regs that encumbered you. He is not bound by DOD procedures. Neither is he bound by CIA procedures. He does not have staffers running around scolding him to take action to keep his handling of classified materials in accordance with his own XO. His actions are considered to be de facto approved deviations from the XO. What kind of nonsense would require him to stop in the middle of a meeting with Putin, scratch out a quick "I approve myself to tell Putin (a piece of classified information) to keep his arse out of hot water?

S2 is ALL Classified. If one document does not have a record of who has it, when it was taken, when it was returned and for what use the lock down the whole HQ. And these are docs on drop zones, photos, etc... Never mind Nuclear triad information or response protocols. Think about your logic, you are playing semantic games. He does not technically have to do so, but when have you ever seen the process not followed? It is, every time because otherwise you end up in jail... If he Declassed those documents there would be a paper trail.
No. I mean no. Step away from the ledge. POTUS IS NOT BOUND BY ANY OF THAT. Not by Statute. Not by precedent. He is free to take such actions as he needs without worry about procedures to protect himself (because all procedures are created under power delegated by him.) That is why Trump said "I can think it and it's declassified." He is absolutely correct. He is the originating authority. He doesn't have to ask permission or do anything to perfect any action or process. A POTUS cannot cannot cannot commit a security violation that you and I spent so many years in terror of committing.

Even so, the whole issue are the Docs he took that NARA needed back. Every President has to give back Classified information when they leave. Trump didn't. Just give back what they asked for, what is the big deal? Why make it into this?????
NARA is about archiving public records for the public, an entirely different thing than his disposition of classified documents. But again, he has a very strong position, based on precedent upheld by a recent era (2012) federal court ruling that a POTUS has broad and unreviewable powers to determine what is personal and what is official. And in any event, violating a NARA rule is hardly espionage, which is what he was charged with.
More than a few times I walked out of the embassy, then had a pang of fear that I had forgotten to do something when closing up the station. So I would turn around & get the MSG to buzz me in thru the bulletproof door, walk up the stairs, open the combo lock on the door to the station, open the combo lock on the door to the vault, open the combo locks on classified safes to check & see.... if the hard drives had been properly stored.....or checked behind some desks....or whatever I happened to think needed checking. Then resecure all of that. One security violation was an oral reprimand. A second within two years got you a written reprimand that stayed in your file until your next promotion review (and would prevent you from getting promoted that cycle). A third within 3 years was termination. Boom. VERY STRICT REGIME. The State guys left documents out all the time. The MSGS had a hard time reconciling the fact that they had such stringent rules that had to be followed (like you did) but State guys kinda sorta never had to worry about EVER getting into trouble for leaving classified material lying about at the end of the day. Three different agencies (CIA, State, USMC) but three very different approaches on the the handling of classified material. Why is that? Because the Presidential XOs delegate broad powers to agency heads, and those agency heads craft security procedures that fit their mission (or in State's case, their culture.) No State guy ever loses a minute of sleep over mishandling classified material, because they will never be held accountable for it.

Stop trying to shoehorn the POTUS into US Armored Division rules on classified materials. They don't apply to him. (and the same is true for State regs, USMC regs, etc.....) POTUS cannot be encumbered by procedures written by inferior officers using powers delegated to them by POTUS.
FLBear5630
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The whole case is about NARA. The whole case is what he took AFTER he left office. You keep acting like he still was POTUS and had all the authorities. He didn't. He was Citizen Trump and did not return Classified documents, there is no record he declassed them and at the time the FBI took them they were still classified. That is a totally different situation than what you describe.

If this ever gets to court, we will see if him thinking about it is and not telling anyone constitutes a government action. There is also an Executive Order from 2009.detsiling how a President declassified information the steps they take after the thought, did he repeal that? Or just think about it. I would have loved to see this play out just to get an answer.

Harrison Bergeron
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FLBear5630 said:

The whole case is about NARA. The whole case is what he took AFTER he left office. You keep acting like he still was POTUS and had all the authorities. He didn't. He was Citizen Trump and did not return Classified documents, there is no record he declassed them and at the time the FBI took them they were still classified. That is a totally different situation than what you describe.

If this ever gets to court, we will see if him thinking about it is and not telling anyone constitutes a government action. There is also an Executive Order from 2009.detsiling how a President declassified information the steps they take after the thought, did he repeal that? Or just think about it. I would have loved to see this play out just to get an answer.
Repeat. Memorize.

The issue is not that Trump likely broke the law. The issue is that we have never prosecuted an former president or even Cabinet member for having classified documents. The difference is not Trump's actions but the related TDS that would never have prosecuted another person for the exact some thing - and we have precedent. Lock up Hillary Clinton then let's talk. Otherwise this is really two standards of justice.
Oldbear83
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When you get to the bottom line, the fact is that former Presidents are not just like anyone else. A President is entrusted, by definition, with decisions that shape the future of the country, and they don't stop mattering when they leave office.

One example many people people forget, is how President Clinton asked former President Nixon for advice on Foreign Policy. And most recently, President Biden depended on former President Obama for advice on the Economy. You should understand that the current President in both cases shared confidential, even classified information with the former President in order for the former President to be able to advise in context. For as long as our nation has been a nation, former Presidents have been asked for advice and counsel, and have had access to restricted information to do so.

Also, consider if a former President decides to write his memoirs and wants to organize his thoughts on a sensitive topic, he will write down things he recalls, some of which is still going to be too sensitive to be released to the public. That is, former Presidents will have information in their minds which would be classified information by definition, and writing their memoirs could lead to first drafts which would essentially be classified information.

All of this applies to why former Presidents were never accused of crimes just for having classified material in their offices, especially when those offices were secured and guarded. At least, until the Biden Administration saw opportunity in going after former President Trump.

The glaring hypocrisy of the actions by the Archives under Biden is even more appalling when we consider that Biden had classified material for decades in his house, material which as Senator and/or Vice-President he never had authority to move or keep in his personal residence, and let's not forget that multiple boxes of those documents were on the floor of an unlocked, unguarded garage.

That which does not kill me, will try again and get nastier
Harrison Bergeron
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Oldbear83 said:

When you get to the bottom line, the fact is that former Presidents are not just like anyone else. A President is entrusted, by definition, with decisions that shape the future of the country, and they don't stop mattering when they leave office.

One example many people people forget, is how President Clinton asked former President Nixon for advice on Foreign Policy. And most recently, President Biden depended on former President Obama for advice on the Economy. You should understand that the current President in both cases shared confidential, even classified information with the former President in order for the former President to be able to advise in context. For as long as our nation has been a nation, former Presidents have been asked for advice and counsel, and have had access to restricted information to do so.

Also, consider if a former President decides to write his memoirs and wants to organize his thoughts on a sensitive topic, he will write down things he recalls, some of which is still going to be too sensitive to be released to the public. That is, former Presidents will have information in their minds which would be classified information by definition, and writing their memoirs could lead to first drafts which would essentially be classified information.

All of this applies to why former Presidents were never accused of crimes just for having classified material in their offices, especially when those offices were secured and guarded. At least, until the Biden Administration saw opportunity in going after former President Trump.

The glaring hypocrisy of the actions by the Archives under Biden is even more appalling when we consider that Biden had classified material for decades in his house, material which as Senator and/or Vice-President he never had authority to move or keep in his personal residence, and let's not forget that multiple boxes of those documents were on the floor of an unlocked, unguarded garage.
It's amazing LWNJ are so tribally blinded they cannot see the obvious.

I mean Dementia Joe literally stated he "stole" classified documents for his "autobiography."

He literally had classified documents at his Chinese-funded "think tank."

Somehow I missed his prosecution.
4th and Inches
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FLBear5630 said:

The whole case is about NARA. The whole case is what he took AFTER he left office. You keep acting like he still was POTUS and had all the authorities. He didn't. He was Citizen Trump and did not return Classified documents, there is no record he declassed them and at the time the FBI took them they were still classified. That is a totally different situation than what you describe.

If this ever gets to court, we will see if him thinking about it is and not telling anyone constitutes a government action. There is also an Executive Order from 2009.detsiling how a President declassified information the steps they take after the thought, did he repeal that? Or just think about it. I would have loved to see this play out just to get an answer.


he didnt take anything after he left office, stuff was taken when he left office but that isnt the same as after.. it was already packed and ready to go before Joe was sworn in..

Meadows turned in a book declassifying a bunch of stuff as required but it never got done.

If at any moment Trump could have written a note repealing XO from 2009 then it really doesnt apply to him.

Biden isnt supposed to have access to Trumps records for months but used the fake J6 crap to push for access to those records. This whole case is layers of bullshi
“Mix a little foolishness with your serious plans. It is lovely to be silly at the right moment.”

–Horace


“Insomnia sharpens your math skills because you spend all night calculating how much sleep you’ll get if you’re able to ‘fall asleep right now.’ “
FLBear5630
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Harrison Bergeron said:

FLBear5630 said:

The whole case is about NARA. The whole case is what he took AFTER he left office. You keep acting like he still was POTUS and had all the authorities. He didn't. He was Citizen Trump and did not return Classified documents, there is no record he declassed them and at the time the FBI took them they were still classified. That is a totally different situation than what you describe.

If this ever gets to court, we will see if him thinking about it is and not telling anyone constitutes a government action. There is also an Executive Order from 2009.detsiling how a President declassified information the steps they take after the thought, did he repeal that? Or just think about it. I would have loved to see this play out just to get an answer.
Repeat. Memorize.

The issue is not that Trump likely broke the law. The issue is that we have never prosecuted an former president or even Cabinet member for having classified documents. The difference is not Trump's actions but the related TDS that would never have prosecuted another person for the exact some thing - and we have precedent. Lock up Hillary Clinton then let's talk. Otherwise this is really two standards of justice.


I agree prosecute Hillary, why wasn't it done? Gentlemen's rules?

It is about whether he broke the law. He did, he had docs he shouldn't have. He didnt return them. Period. We prosecute people for that. You have a blind spot for Trump. You are willing to burn down every Federal Agency, even though you were a lifetime Federal bureaucrat, under the guise of new rules.

Yet with Trump on classified Docs, it is boys will be boys and we don't usually do this among elected gentlemen. Which is it?

It is a slippery slope when you start saying burn down the swamp, not everyone's definition of the swamp is the same...
Oldbear83
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"It is about whether he broke the law. He did, he had docs he shouldn't have. He didnt return them."

Every one of those statements is - at best - disputable.

But thank you for reciting the DNC position succinctly.
That which does not kill me, will try again and get nastier
whiterock
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FLBear5630 said:

The whole case is about NARA. The whole case is what he took AFTER he left office. You keep acting like he still was POTUS and had all the authorities. He didn't. He was Citizen Trump and did not return Classified documents, there is no record he declassed them and at the time the FBI took them they were still classified. That is a totally different situation than what you describe.

If this ever gets to court, we will see if him thinking about it is and not telling anyone constitutes a government action. There is also an Executive Order from 2009.detsiling how a President declassified information the steps they take after the thought, did he repeal that? Or just think about it. I would have loved to see this play out just to get an answer.


Man, you are really tangled up in the weeds here. Nobody gets charged criminally under the Espionage act for quibbling over parsing the meanings and limits of Presidential powers with respect to personal/official records. People get charged under the Espionage Act for illegally possessing classified information.

In ALL prior cases where National Archives and a former POTUS have been at odds, the USG filed CIVIL LAWSUITS to compel the return of the materials. The arguments in court are always about the limits of Presidential power. No POTUS has ever refused to comply with a court order.

Biden/Garland SHOULD have taken the civil route = filed a lawsuit to obtain a court order for the documents in question to be returned. The lawsuit would have featured arguments for/against the proposition that the POTUS had the power to retain them. There is no reason to doubt Trump would have complied with the verdict. But Biden/Garland didn't do that. They went straight to the Espionage Act, a criminal prosecution. That involves a POTUS using Presidential Powers as part of his defense against conviction. They did it that way because it was far more politically advantageous to do so. (or so they thought. turns out they were wrong about that.)

It was an outrageous overreach for Biden/Garland to have put the MAL documents question into a CRIMINAL prosecution. But it does establish a precedent fo the future, now, doesn't it.
FLBear5630
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Oldbear83 said:

"It is about whether he broke the law. He did, he had docs he shouldn't have. He didnt return them."

Every one of those statements is - at best - disputable.

But thank you for reciting the DNC position succinctly.
Then they should be disputed. The best way to shut this down is for him to win. He has the Judge, there is no reason for him to get the short end here. This IS the best chance to show it is all BS. If that is not possible, he should offer a settlement of a fine and pay the fine. That ends it and she will accept in a heartbeat.

Just running around saying none of these charges should be brought when not one judge has agreed is the worst thing you can do.

SCOTUS just gave him a big win. Cannon should give him a win. The Nation will not be convinced by a bunch of MAGA saying this is weaponization, fight that AFTER you show the charges were bogus. If you think Cannon will find him guilty, than he is ****ed. She is MAGA through and through.
Oldbear83
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"Then they should be disputed"

They have been. How did you miss it?
That which does not kill me, will try again and get nastier
FLBear5630
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Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
GrowlTowel
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FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.


There really isn't a procedure vehicle to dismiss at this point in the process.
FLBear5630
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GrowlTowel said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.


There really isn't a procedure vehicle to dismiss at this point in the process.


That point passed and Cannon didn't dismiss. If there were grounds for a dismissal based on everything said on here of how wrong this is, wouldn't Cannon in Trump's backyard, in FL a stronghold, have found it? She is doing everything she can to help him.
He will be found guilty because he is., he had the docs. The facts don't support any of the BS be being spewed. He needs to settle
Oldbear83
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FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
Thank you for your post, how is everyone else at MSNBC?
That which does not kill me, will try again and get nastier
GrowlTowel
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FLBear5630 said:

GrowlTowel said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.


There really isn't a procedure vehicle to dismiss at this point in the process.


That point passed and Cannon didn't dismiss. If there were grounds for a dismissal based on everything said on here of how wrong this is, wouldn't Cannon in Trump's backyard, in FL a stronghold, have found it? She is doing everything she can to help him.
He will be found guilty because he is., he had the docs. The facts don't support any of the BS be being spewed. He needs to settle


It isn't a strict liability crime.
Oldbear83
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GrowlTowel said:

FLBear5630 said:

GrowlTowel said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.


There really isn't a procedure vehicle to dismiss at this point in the process.


That point passed and Cannon didn't dismiss. If there were grounds for a dismissal based on everything said on here of how wrong this is, wouldn't Cannon in Trump's backyard, in FL a stronghold, have found it? She is doing everything she can to help him.
He will be found guilty because he is., he had the docs. The facts don't support any of the BS be being spewed. He needs to settle


It isn't a strict liability crime.
It is certainly not reason to use the Espionage Act.
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Whiskey Pete
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Aliceinbubbleland said:

Paying porn star - no immunity
Florida records case = immunity
Georgia Interference = ??

It's not Trump Presidential immunity. It's presidential immunity.
FLBear5630
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Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
Thank you for your post, how is everyone else at MSNBC?


Cannon has let case continue, why? She is as MAGA as they get. Yet she lets is go. That doesn't have you question?
Oldbear83
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FLBear5630 said:

Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
Thank you for your post, how is everyone else at MSNBC?


Cannon has let case continue, why? She is as MAGA as they get. Yet she lets is go. That doesn't have you question?
Cannon, unlike you, is a real-world judge. Your asinine belief that she is 'MAGA' just because she is doing her job, in no way means the case against Trump is going at all the way you imagine it is.

That which does not kill me, will try again and get nastier
Malbec
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FLBear5630 said:

Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
Thank you for your post, how is everyone else at MSNBC?


Cannon has let case continue, why? She is as MAGA as they get. Yet she lets is go. That doesn't have you question?
Your attitude toward judges is as contemptuous as that of the rest of your party. But I suppose watching that Merchan operate would create a palpable sense of judicial activism.
FLBear5630
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Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
Thank you for your post, how is everyone else at MSNBC?


Cannon has let case continue, why? She is as MAGA as they get. Yet she lets is go. That doesn't have you question?
Cannon, unlike you, is a real-world judge. Your asinine belief that she is 'MAGA' just because she is doing her job, in no way means the case against Trump is going at all the way you imagine it is.




She has been threatened to be removed for slow playing. Trump could not have gotten a more favorable Judge. There is a reason she is slow playing it.
whiterock
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Malbec said:

FLBear5630 said:

Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
Thank you for your post, how is everyone else at MSNBC?


Cannon has let case continue, why? She is as MAGA as they get. Yet she lets is go. That doesn't have you question?
Your attitude toward judges is as contemptuous as that of the rest of your party. But I suppose watching that Merchan operate would create a palpable sense of judicial activism.
FLBear is a good man who has not yet come to terms that institutions can be corrupted, much less have been.
FLBear5630
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So let's get good leadership in place. Scrapping everything would set this Nation back decades. It would take multiple Presidents to reestablish in pace systems. I agree it needs new leadership and a strong overhaul. I hope Trump does it and puts good pros in place, but let's restructure to attain a goal, not just tear down. Our enemies are on a war footing, we need to stop f-ing around.
Oldbear83
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FLBear5630 said:

Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
Thank you for your post, how is everyone else at MSNBC?


Cannon has let case continue, why? She is as MAGA as they get. Yet she lets is go. That doesn't have you question?
Cannon, unlike you, is a real-world judge. Your asinine belief that she is 'MAGA' just because she is doing her job, in no way means the case against Trump is going at all the way you imagine it is.




She has been threatened to be removed for slow playing. Trump could not have gotten a more favorable Judge. There is a reason she is slow playing it.
Oh please, Hunter. Just admit you are mad it's looking more and more like Trump will win this case.
That which does not kill me, will try again and get nastier
whiterock
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Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

FLBear5630 said:

Oldbear83 said:

"Then they should be disputed"

They have been. How did you miss it?


That is what we are seeing play out. If Cannon can't see a way to dismiss, then the charges must be warranted.
Thank you for your post, how is everyone else at MSNBC?


Cannon has let case continue, why? She is as MAGA as they get. Yet she lets is go. That doesn't have you question?
Cannon, unlike you, is a real-world judge. Your asinine belief that she is 'MAGA' just because she is doing her job, in no way means the case against Trump is going at all the way you imagine it is.




She has been threatened to be removed for slow playing. Trump could not have gotten a more favorable Judge. There is a reason she is slow playing it.
Oh please, Hunter. Just admit you are mad it's looking more and more like Trump will win this case.
She's slow playing it because she knows the prosecution is a partisan sham but doesn't want to toss the case and open up herself and the judiciary at large to charges of partisan bias. So she's making Smith stew in his own juices.....requiring him to prove each step his work at every single comma and clause, in many cases showing what a shoddy job Smith has done. That will push the trial to the point where it will not have an impact on the election, which before the arrival of Donald J. Trump was official DOJ policy under admins of both parties for quite a long, long time.....do not prosecute candidates during an election.

Smith, if we pause to remember, is the guy who steered the John Edwards prosecution to a mistrial, and got his prosecution of Bob McDonnell overturned by SCOTUS 9-0 (by a more liberal court than we have today). He is rashly aggressive, lives out over the tips of his skis. If any attorney needs to be made to prove his work, it is Jack Luman Smith. Stereotypical wild man. Andrew Weissman 2.0

Weissman, if we recall, got his prosecution of Arthur Andersen overturned by SCOTUS, because he persuaded the judge "to instruct the jury that they could convict the firm regardless of whether its employees knew they were violating the law." It's a relevant precedent for the Trump appeal on his case in NYC.

Cannon knows who Smith is. She's doing a fine job of making him act like a mere mortal.
 
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