“This Is a Witch Hunt!”
Seriously, Ex-President Donald J. Trump?
Trump:
“I followed the law. I followed the Presidential Records Act. Read it. You’ll see I’ve done nothing wrong.”
Ex-President Donald J. Trump has been indicted by the Department of Justice (DOJ) on 37 Felony Counts. Thirty-one (31) of these counts are in violation of the Espionage Act.
The Indictment, which I wrote about yesterday, and provided a link for you to read it in its entirety, (full Indictment of Donald J. Trump.
https://drive.google.com/file/d/1N4_ScrwVu4NHVypYi0jhfBE9UAea-1nu/view?usp=drivesdk) lays out explicitly the crimes committed by Donald J. Trump. It offers quotes which he’s made not only on video, not only on television, not only at any one of his rallies, but also to individuals at Mar-a-Lago.
It offers testimony from numerous employees of Mar-a-Lago about the handling of the Classified, Secret, Top Secret, and even documents with such a highly secret classification that they shouldn’t have ever been removed from Washington D. C. !
This Indictment includes photographs showing the lackadaisical storage of these documents at Mar-a-Lago in the public ballroom, on the stage, available to anyone that enters the room at any time. Photographs of boxes of records stored in a bathroom, again available for reading by anyone using that bathroom’s facilities. Let’s face it, I’ve heard of reading material in a bathroom, but Top Secret documents is definitely a first, The shower of this bathroom was also completely full of boxes of documents.
All in all, this Indictment has spelled out all counts being accused of Donald J. Trump, and the co-defendant, in grave detail. This is a very interesting read, and, I really encourage everyone to please take an hour or so and read this Indictment.
Now, let’s get down to this evening’s discussion. Trump has continually made the assertion that he’s innocent. He’s done nothing wrong. He’s broken no laws.
Trump goes so far as to invite us to read the “Presidential Records Act” and we’ll see that he’s violated no laws. He’s done exactly what he was allowed to do with all of these records.
So, now, we shall see FOR OURSELVES, whether this assertion of Donald J. Trump is true, or not.
Below I have taken the pleasure to copy verbatim the “Presidential Records Act” so you may read this to keep yourself fully informed.
The first portion is a synopsis of the entire act, then I have copied the Act “Table of Contents” showing each SubSection title. I have, for your reading simplicity, copied two SubSections (§ 2202. Ownership of Presidential records
§ 2203. Management and custody of Presidential records), which, in my un-professional opinion, clearly lays out the fact that Donald J. Trump hadn’t a clue what the hell he’s talking about! But, I invite you to come to your own conclusion.
At the end of these two SubSections I have promised cider the link to the actual law, where I have copied what I have previously bided here, and where you may fully read the entire Federal Law, if you desire. It’s actually great reading. I did learn quite a lot from reading this.
Presidential Records Act (PRA) of 1978
The Presidential Records Act (PRA) of 1978, 44 U.S.C. ß2201-2209, governs the official records of Presidents and Vice Presidents that were created or received after January 20, 1981 (i.e., beginning with the Reagan Administration). The PRA changed the legal ownership of the official records of the President from private to public, and established a new statutory structure under which Presidents, and subsequently NARA, must manage the records of their Administrations. The PRA was amended in 2014, which established several new provisions.
Specifically, the PRA:
Establishes public ownership of all Presidential records and defines the term Presidential records.
Requires that Vice-Presidential records be treated in the same way as Presidential records.
Places the responsibility for the custody and management of incumbent Presidential records with the President.
Requires that the President and his staff take all practical steps to file personal records separately from Presidential records.
Allows the incumbent President to dispose of records that no longer have administrative, historical, informational, or evidentiary value, once the views of the Archivist of the United States on the proposed disposal have been obtained in writing.
Establishes in law that any incumbent Presidential records (whether textual or electronic) held on courtesy storage by the Archivist remain in the exclusive legal custody of the President and that any request or order for access to such records must be made to the President, not NARA.
Establishes that Presidential records automatically transfer into the legal custody of the Archivist as soon as the President leaves office.
Establishes a process by which the President may restrict and the public may obtain access to these records after the President leaves office; specifically, the PRA allows for public access to Presidential records through the Freedom of Information Act (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years.
Codifies the process by which former and incumbent Presidents conduct reviews for executive privilege prior to public release of records by NARA (which had formerly been governed by Executive order 13489).
Establishes procedures for Congress, courts, and subsequent Administrations to obtain “special access” to records from NARA that remain closed to the public, following a privilege review period by the former and incumbent Presidents; the procedures governing such special access requests continue to be governed by the relevant provisions of E.O. 13489.
Establishes preservation requirements for official business conducted using non-official electronic messaging accounts: any individual creating Presidential records must not use non-official electronic messaging accounts unless that individual copies an official account as the message is created or forwards a complete copy of the record to an official messaging account. (A similar provision in the Federal Records Act applies to federal agencies.)
Prevents an individual who has been convicted of a crime related to the review, retention, removal, or destruction of records from being given access to any original records.
*****************************************************
Presidential Records (44 U.S.C. Chapter 22)
§ 2201. Definitions
§ 2202. Ownership of Presidential records
§ 2203. Management and custody of Presidential records
§ 2204. Restrictions on access to Presidential records
§ 2205. Exceptions to restricted access
§ 2206. Regulations
§ 2207. Vice-Presidential records
§ Note. Rule of Construction
§ 2208. Claims of constitutionally based privilege against disclosure
§ 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts
§ 2202. Ownership of Presidential records
The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
§ 2203. Management and custody of Presidential records
(a) Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President’s constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are preserved and maintained as Presidential records pursuant to the requirements of this section and other provisions of law.
(b) Documentary materials produced or received by the President, the President’s staff, or units or individuals in the Executive Office of the President the function of which is to advise or assist the President, shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.
(c) During the President’s term of office, the President may dispose of those Presidential records of such President that no longer have administrative, historical, informational, or evidentiary value if--
(1) the President obtains the views, in writing, of the Archivist concerning the proposed disposal of such Presidential records; and
(2) the Archivist states that the Archivist does not intend to take any action under subsection (e) of this section.
(d) In the event the Archivist notifies the President under subsection (c) that the Archivist does intend to take action under subsection (e), the President may dispose of such Presidential records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of continuous session of Congress in advance of the proposed disposal date. For the purpose of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the days in which Congress is in continuous session.
(e) The Archivist shall request the advice of the Committee on Rules and Administration and the Committee on Governmental Affairs of the Senate and the Committee on House Oversight and the Committee on Government Operations of the House of Representatives with respect to any proposed disposal of Presidential records whenever the Archivist considers that--
(1) these particular records may be of special interest to the Congress; or
(2) consultation with the Congress regarding the disposal of these particular records is in the public interest.
(f) During a President’s term of office, the Archivist may maintain and preserve Presidential records on behalf of the President, including records in digital or electronic form. The President shall remain exclusively responsible for custody, control and access to such Presidential records. The Archivist may not disclose any such records, except under direction of the President, until the conclusion of a President’s term of office, if a President serves consecutive terms upon the conclusion of the last term, or such other period provided for under section 2204 of this title.
(g)(1) Upon the conclusion of a President’s term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President. The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this chapter.
(2) The Archivist shall deposit all such Presidential records in a Presidential archival depository or another archival facility operated by the United States. The Archivist is authorized to designate, after consultation with the former President, a director at each depository or facility, who shall be responsible for the care and preservation of such records.
(3) When the President considers it practicable and in the public interest, the President shall include in the President’s budget transmitted to Congress, for each fiscal year in which the term of office of the President will expire, such funds as may be necessary for carrying out the authorities of this subsection.
(4) The Archivist is authorized to dispose of such Presidential records which the Archivist has appraised and determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation. Notice of such disposal shall be published in the Federal Register at least 60 days in advance of the proposed disposal date. Publication of such notice shall constitute a final agency action for purposes of review under chapter 7 of title 5, United States Code.
Here is the link to the “Presidential Records Act” for your reading pleasure.
https://www.archives.gov/about/laws/presidential-records.html
Please take the opportunity to read this, in its entirety, so you also will be able to draw your own conclusion , and FACT CHECK Donald J. Trump.
One thing we have learned. EVERYTHING he says definitely needs to be Fact Checked!
I welcome to hear your opinions.
Looks like the usual collection of loonies are gathered to support his "Orangeness". I don't know how people can be so dumb. The man obviously cares about no one but himself.