>These factual disputes would have to be resolved by 12 jurors if the government were to present sufficient evidence to warrant its submission to a jury.
The problem is that ideologically motivated judges and juries are entirely willing to ignore matters of law and fact, and convict the ham sandwich.
You are 100% correct. A sitting president has the authority to declassify documents, therefore there were no classified documents at Trump's home. Furthermore, there is no protocol for the declassification process, and as existing negotiations with the NA were underway, to return certain documents, there is no case for obstruction.
I don't understand where are the civil liberties people from my youth. Trump, Jan 6th, censorship? But to this. Trump has a defense. Biden has none, zero, zilch. So if Trump goes to jail while Biden does not, where are you civil liberties people. Did you like to me as a child? Are you just commies who hate America and used civil rights as a way to get your way without have ANY values, none at all.
“Theoretically, there could be evidence that Mr. Trump told an associate that he was taking classified material with him, knowing it was still classified. It is extremely unlikely that any such evidence exists.”
What about the post-presidency recording where he discussed having classified documents?
There is a catch-22 here, Professor: We still don't know what exactly was in those documents, because they are classified. No? If they are indeed "declassified" as Mr. Trump claims, then why are they not all published by the defense already?
They could be declassified, but confidential. You wouldn't want your bank account numbers, or intimate communications to be public domain, even though they are not state secrets.
The question I addressed was 'why are [the documents] not published by the defense already [if they are not state secrets?]' The answer is that they are personally confidential to Trump, even if not classified.
I'm not sure you can take personal possession of state information once declassified, if it ever was, and then claim it's your secret to keep. State property is state property. If he took the Resolute Desk back to Florida, said he gave it to himself as a parting gift, and refused to give it back, he'd have broken a law too.
This is a very cogent argument against any such prosecution-if Trump declassified the documents, there is no case.
As always, this was an interesting and enlightening read.
>These factual disputes would have to be resolved by 12 jurors if the government were to present sufficient evidence to warrant its submission to a jury.
The problem is that ideologically motivated judges and juries are entirely willing to ignore matters of law and fact, and convict the ham sandwich.
You are 100% correct. A sitting president has the authority to declassify documents, therefore there were no classified documents at Trump's home. Furthermore, there is no protocol for the declassification process, and as existing negotiations with the NA were underway, to return certain documents, there is no case for obstruction.
Very clear. Thanks!
I don't understand where are the civil liberties people from my youth. Trump, Jan 6th, censorship? But to this. Trump has a defense. Biden has none, zero, zilch. So if Trump goes to jail while Biden does not, where are you civil liberties people. Did you like to me as a child? Are you just commies who hate America and used civil rights as a way to get your way without have ANY values, none at all.
“Theoretically, there could be evidence that Mr. Trump told an associate that he was taking classified material with him, knowing it was still classified. It is extremely unlikely that any such evidence exists.”
What about the post-presidency recording where he discussed having classified documents?
https://www.politico.com/news/2023/06/01/donald-trump-classified-documents-recording-00099625
Biden has classified documents. Why no prosecution? Oh. This has nothing to do with the law. It's just a kangaroo court.
There is a catch-22 here, Professor: We still don't know what exactly was in those documents, because they are classified. No? If they are indeed "declassified" as Mr. Trump claims, then why are they not all published by the defense already?
They could be declassified, but confidential. You wouldn't want your bank account numbers, or intimate communications to be public domain, even though they are not state secrets.
No. If someone has my bank account numbers who shouldn't, it's an infraction. IF they have my financials ON PURPOSE, it's a crime.
By the way, "confidential" is still classified and knowingly keeping any classified information is wrong and a crime.
Like when the Control white house just accidentally had all his opponents financial info in a campaign room?
The question I addressed was 'why are [the documents] not published by the defense already [if they are not state secrets?]' The answer is that they are personally confidential to Trump, even if not classified.
I'm not sure you can take personal possession of state information once declassified, if it ever was, and then claim it's your secret to keep. State property is state property. If he took the Resolute Desk back to Florida, said he gave it to himself as a parting gift, and refused to give it back, he'd have broken a law too.