The Presidential Records Act exonerates Trump

This from the Wall Street Journal puts the legal case for Trump’s document retention:

The PRA became effective in 1981, at the start of Ronald Reagan’s presidency. It established a unique statutory scheme, balancing the needs of the government, former presidents and history. The law declares presidential records to be public property and provides that “the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records.” 

The PRA lays out detailed requirements for how the archivist is to administer the records, handle privilege claims, make the records public, and impose restrictions on access. Notably, it doesn’t address the process by which a former president’s records are physically to be turned over to the archivist, or set any deadline, leaving this matter to be negotiated between the archivist and the former president. 

The PRA explicitly guarantees a former president continuing access to his papers. Those papers must ultimately be made public, but in the meantime—unlike with all other government documents, which are available 24/7 to currently serving executive-branch officials—the PRA establishes restrictions on access to a former president’s records, including a five-year restriction on access applicable to everyone (including the sitting president, absent a showing of need), which can be extended until the records have been properly reviewed and processed. Before leaving office, a president can restrict access to certain materials for up to 12 years.

The only exceptions are for National Archives personnel working on the materials, judicial process, the incumbent president and Congress (in cases of established need) and the former president himself. PRA section 2205(3) specifically commands that “the Presidential records of a former President shall be available to such former President or the former President’s designated representative,” regardless of any of these restrictions. 

Nothing in the PRA suggests that the former president’s physical custody of his records can be considered unlawful under the statutes on which the Mar-a-Lago warrant is based. Yet the statute’s text makes clear that Congress considered how certain criminal-law provisions would interact with the PRA: It provides that the archivist is not to make materials available to the former president’s designated representative “if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.” 

Nothing is said about the former president himself, but applying these general criminal statutes to him based on his mere possession of records would vitiate the entire carefully balanced PRA statutory scheme. Thus if the Justice Department’s sole complaint is that Mr. Trump had in his possession presidential records he took with him from the White House, he should be in the clear, even if some of those records are classified.

In making a former president’s records available to him, the PRA doesn’t distinguish between materials that are and aren’t classified. That was a deliberate choice by Congress, as the existence of highly classified materials at the White House was a given long before 1978, and the statute specifically contemplates that classified materials will be present—making this a basis on which a president can impose a 12-year moratorium on public access. 

The government obviously has an important interest in how classified materials are kept, whether or not they are presidential records. In this case, it appears that the FBI was initially satisfied with the installation of an additional lock on the relevant Mar-a-Lago storage room. If that was insufficient, and Mr. Trump refused to cooperate, the bureau could and should have sought a less intrusive judicial remedy than a search warrant—a restraining order allowing the materials to be moved to a location with the proper storage facilities, but also ensuring Mr. Trump continuing access. Surely that’s what the government would have done if any other former president were involved.

Of course the case that Trump’s retention of classified documents was a clear and present danger is totally  obliterated by the fact that the negotiations around the documents dragged on for months…presumably those who look after these things would have acted much sooner if there was a real risk.

So legally supported by the Presidential Records Act and clearly not an imminent risk. The Scarlet Pimpernel escapes again.

The questions still remain. 

1. Why did he leave office with classified material?
Why so much?
Does he realise that he is not the president anymore so he should no longer have security access to these documents. 

2. Why did he hold onto them for so long?
What was his motive? 
It is clear the government has been in communication with Trump for ages to try to get the records back. Or they did get some records back, but not all? And they had to get a court order subpoena. 

Trump is a grifter. It does not seem beyond him to sell the classified documents.
He has raked in millions of support donations for this latest drama. His followers give him money for his campaigns like Stop the Steal where he just pockets all the money. Yet they continue to support his new grift campaigns. 

Trump is the most investigated man in history…I doubt anybody else comes even close in terms of legal hours spent trying to unearth a crime. So far nada….I wonder how many politicians would stand up to that scrutiny.

SB

There is a clear document signed by Trump indicating which Documents he have de-calssofoed and he took nothing that was NOT declassified.   So the claiming of the FBI about classified information Trump took with him is utter BS.

The documents were all placed in boxes and the box containing documents Trump de-classified  was clearly de-classified.    Like per normal  the FBI is lying about the issue and that is going to have ugly consequences for the media and for the FBI itself.    

The negotiations started  in February and some documents were retuned to the NRA already - other doccuments are still being negotiated about.    If the NRA wanted some other documents returned they can get a subpoena to him about the return of the documents.   The subpoena by the Justice Department to search his home the way the FBI did was BS supreme.    .   

There was no proof at all about your wild statement that Trump is a grifter - so stop talking utter brainwashed BS.        

"Of course the case that Trump’s retention of classified documents was a clear and present danger is totally  obliterated by the fact that the negotiations around the documents dragged on for months…presum ably those who look after these things would have acted much sooner if there was a real risk"

Spot on.....

"Trump is the most investigated man in history…I doubt anybody else comes even close in terms of legal hours spent trying to unearth a crime. So far nada….I wonder how many politicians would stand up to that scrutiny"

I have also mentioned this many times..... and despite how many people despise Trump, they cannot argue this point.

The amount of emotional thinking that surrounds Trump is amazing. He is a man with strengths and weaknesses. His presidency saw a real strengthening of the country. The economy survived Covid far better than Europe or China….our enemies were put on notice… allies were exhorted to do their fair share ..minorities saw some of their best gains in earnings. And crucially none of the big mistakes like Afghanistan, the Ukraine debacle and heavy inflation occurred under his watch.

All of this meant nothing because Trump’s style just grated on the humorless wokers. The antipathy really riled the Donald and unfortunately he  was badly advised through the election and it’s aftermath….he lost the plot, but that’s not a crime.

The one thing I can't understand about America is why fo Joe average sit there and get ass raped by their politicians and corporates.

America's treatment of its people is bloody appalling, minimum wage of $7.25 which no one can live on. No set amount of annual leave and no health care. And also one of the most heavily taxed of any 1st world economy and they get jack shit for that as well.

Someone has done a fine job of brainwashing the masses that's for sure

@CrusadersFan, as an outsider to America that is my take as well.

It seems that Americans from both the left and right are generally unhappy about the corporates and shareholders screwing them over. The richest 3% are getting richer, and everyone else is relatively poorer. 
That is the cause of authoritarianism in America. What good is Democracy is you only have 2 parties to choose from, and both are on the corporate payroll.

All the monopoly and price fixing oligopolies in America have closed up shop, and it is the same gang in any new ventures. 

Yet, the left and right are in a battle of ideology- when the corporates and shareholders have the politicians on the payroll. Almost as if they are played off each other as a distraction. 

As an outsider to America, do Biden's recent changes suggest improvements?

1. Health Drug prices - much cheaper now by stopping corporates screwing everyone over. 
2. Making sure big corporates pay a minimum 15% tax. 
3. Finally making the richest 3% of people are also taxed. (although capital gains tax seems to still exist?)

If a fair tax system exists, then everyone could play a lower % of tax. (everywhere in the world). 

Still lots of room for improvement, but that certainly sounds fairer than what it has been

Ran into an American in BKK about 5 years ago and when I told him I was on a 6 week paid holiday he couldn't believe it.

Told him I owned my own company so that helped but I told him I has a SA worker that took 5 weeks paid leave to visit his family back in SA.

I am sure he thought I was bullshitting him when I told him everyone gets 4 weeks paid leave and free medical care and our labour laws give workers so many rights that you can't fire them for being sick etc.

All I can say is thank f@%k I am not American 

SB

This is funny = after working for 12 years I had 10 months leave to my credit.  Amazing that I tricked the government Department for whom I worked at the time into granting me 6  months leave - which I spent on an extended visit to many countries in Europe. - a long list of those -   in 1973.  - I was working for 53 years and always had problems getting leave from my employers and in the end when I finally retired tat the age of 70 they had to pay me out for nearly a year leave due.

The problem in America is that the major news services are all owned by the ultra=rich and eve when they want a story pushed by the emdia  they pay them huge amounts of money.   In one year Gates for isntance paid media $365 billion to get news favorable to him out into  the world.    The other big payer to promote program in the media  is China - media institutions like CNN and the New York Times is favored by them.   

The above cause the media to emphasize stories their owners  like to spread - so it is very problematic when you see what is really happening in the USA.    There is for instance more murders in some cities within a week than there is mass murders in the USA in a year.   - but there  is never anything in most of the media  about it.     

Some of the silence is due to political agendas as well.    In 2020 the Democratic Party organized "protests about the murder of Floyd by the Police.   They claimed the murder as racist and used their subsidiaries - BLM .and Antifa - in the protests,   The protestors were mostly criminals that saw an opening in the "protests" and it soon turned into riots  during which  45 people was murdered while protecting their businesses, over a 1000 police officers were seriously injured by protestors using firearms and  Molotov cocktails and thousands of businesses were looted and afterwards burned down.   there were virtually no media reporting on it - the only  comment as on CNN showing where buildings were on fire saying - the protestors were peaceful.  That was followed by a comment by Chris Cuomo whos said that "Who said "protests must be peaceful."   

The Democrats paid for the transport of rioters from city to city  - paid there accommodations costs in hotels and  and provided them with pocket money.   The coverage of the media was minimal .    So people relying  on those media outlets are not even aware of what happened.    So the USA media is the protector of the billionaires and their Democratic Party employees.    

SB wrote a lot about how the wealthy pay minimal tax and get richer.   In  the  lead-up to the 2020 elections the Democrats pledged that they would correct the situation and they them did a kind of omnibus law  consisting of 26  volumes to change things in the USA  from election practices to taxation.    The Democrats knew the Law would never pass since it covered aspects that is forbidden in the USA Constitution.     Immediately after his inauguration  Biden met with the ultra-rich and the new tax legislation went out of the window    They are now even paying less tax than they did under Trump.

Another thing you never read in the media is about the massive homeless problems in cities where people live in tents  on the sidewalks and parks in cities all over the USA,   IN California   the two worst cities for that is Los Angeles and Sen Francisco with reportedly over 257 000 in those two cities - the same applies in New York, and Chicago.   Most of the people affected are drug users and criminals.  Have you ever read any media reporting on that problem?

Another problem is  that the USA is supposed to be leader of the Democratic World -  but the leader is very, very sick.    That is what worries me  more than the constant political attacks on Trump.    They are afraid that he would clean up the often corrupt mess the country is in and tht would affect many people.  I never really like Trump and would prefer another candidate that would clear up the present mess - but the media has started against De Santis  - the Govenror of Florida calling him a fascist.     .      .                ,                      

Most heavily taxed? You guys are clueless:

• The nonpartisan Tax Policy Center estimates that 57% of U.S. households paid no federal income taxes for 2021, up substantially from the 44% before the pandemic.

….

And sales tax is generally low, nothing like the 20% VAT in  the UK and much of Europe, which is the biggest tax on the low income group . People who want to work in the USA do very well…people who don’t get looked after by the nanny state.

LOCK HIM UP!!!
LOCK HIM UP!!!
LOCK HIM UP!!!

Nah, Hunter’s just misguided??