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sunburn
14 Jun 2023 2:50 pm
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494 posts
jerrab » 14 Jun 2023, 11:58 am » wrote: ↑ -----------------------------------------

The Court will grant the motion to dismiss pursuant to Rule 12(b)(1) because plaintiff's claim is not redressable. NARA does not have the authority to designate materials as “Presidential records,” NARA does not have the tapes in question, and NARA lacks any right, duty, or means to seize control of them. In other words, there has been no showing that a remedy would be available to redress plaintiff's alleged injury even if the Court agreed with plaintiff's characterization of the materials. Since plaintiff is completely unable to identify anything the Court could order the agency to do that the agency has any power, much less, a mandatory duty, to do, the case must be dismissed.----------------

meaning  that nara cannot decide what are presidential records.

the issue is trump having non decertified records.

and once certified documents become decertified they go into the national archives.  and they do not go with the president especially if they are still certified.
I take it you didn't read the last paragraph; the president and the president alone decides...............
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