why do you think he needs to turn over disputed items until the dispute is resolved? Is that specific in the PRA?FLBear5630 said:whiterock said:
"He has originating authority while he is President. No argument.
However, it does not extend for life. The only docs that Trump has any authority over after he leaves the white house is his personal notes, tapes and memoirs. From what I understand, we are not talking those types of documents. We are talking National Security docs. Trump is citizen Trump while this happened, not President Trump. He has to work with the National Archives on what he can keep and what he can't. This isn't a King for life situation.
Jimmy Carter had originating authority so he can take a top secret doc from the white house and nobody can do nothing?? Think about what you are saying.
At the very least, like Trump being on the COL ballot, I have no problem letting the Courts decide. This is very different than the Clinton tapes or the Nixon tapes."
This is not about originating authority. This is about DOJ choosing to bypass civil litigation to answer extant questions of presidential power and instead levy criminal charges against Trump for purely political purposes. Among valid civil questions are:
-Did Trump declassify the documents prior to leaving office?
-Do prior rulings allow POTUS to deem classified materials as personal records?
There are quite a few more. You and I might disagree in substance on some of them. The proper place to sort those questions out is in civil court. And in every other instance in history, that's where issues of limits of Presidential powers have been hashed out. But civil litigation did not accomplish the political ends DOJ had in mind. First, DOJ might lose on most/all of those questions (and probably would have). Second, even if DOJ won, Trump would then have to option of complying with court order (which would render the issue moot politically).
What DOJ did instead was bypass civil litigation and proceed directly to criminal charges. All of the issues of limits of presidential powers would still have to be litigated, only under the penumbra of criminal charges which would create a never-ending fountain (for the purposes of the 2024 election) of ways to spin Trump as a crook. It deals with the issues in a way which does maximum damage to a man running for President. It's not unlike with the Colorado SC (CSC) did on the ballot issue - the majority knew full well it would get smacked down by SCOTUS, but in the meantime, it created lawfare that would sap resources and distract the Trump campaign and afforded a couple of months of helpful headlines building the narrative about the "threat to democracy."
This is not about espionage (a criminal issue). This is about the limits of presidential powers (a civil issue). DOJ has fooled you into focusing on the former rather than the latter.
Even Trump's detractors admit that had he agreed with the DOJ legal position and handed the documents back, he would not be facing charges. So why is he a criminal for disagreeing with the DOJ legal position on the question of the limits of presidential powers?
It is not a negotiation. He can disagree all he wants.m, as long as he gives them the docs they want. It is their call not his typical Trump response, it is not his call. There is enough there to see where this trial goes. If you are right, which I doubt or the Trump appointed Judge would have thrown it out, charges will be dismissed.
“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.’ “
–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.’ “
