1 Jun 2023 10:57 pm
Question: Does the Presidential Records Act authorize the president to declassify documents at will, without a formal process, even by the President 'thinking it' (as Trump claimed)?
Answer: No, the Presidential Records Act (PRA) does not authorize the president to declassify documents at will or by simply thinking it. The PRA is a federal law that governs the management and preservation of presidential records generated during a president's time in office. It establishes that presidential records are the property of the United States government and should be preserved and made available to the public after a certain period.
Declassification of documents, on the other hand, falls under the authority of executive orders and other statutes specifically related to classification and declassification. The president does have the authority to declassify certain documents, but this power is typically exercised through established processes and procedures. The specific procedures for declassifying documents can vary depending on the nature of the information, the agencies involved, and the applicable executive orders or statutes.
It is important to note that even though the president has the authority to declassify documents, this authority is not unlimited. There are still considerations of national security, ongoing investigations, and other factors that may restrict or limit the declassification of certain information.
Question: Which law states that it is illegal to remove national defense information documents from their secure locations.?
Answer: This is the Espionage Act of 1917, which encompasses various provisions related to the mishandling, removal, or disclosure of national defense information. Under this act, it is illegal to remove national defense documents from their secure locations without authorization.
Question: What is the DOJ policy regarding prosecuting those who take them inadvertently but who do return them when the government requests them returned? [This is the case with Biden and Pence]
Answer: Regarding the Department of Justice's (DOJ) policy on prosecuting individuals [Biden and Pence] who inadvertently take national defense information but later return it when requested by the government, it ultimately depends on the specific circumstances and facts of each case. Generally, the DOJ considers factors such as intent, willfulness, and the overall impact of the actions [i.e., the DNI damage assessments] when deciding whether to prosecute. In cases where the individual's actions were unintentional, and they promptly return the documents when requested, the DOJ may exercise discretion and determine that prosecution is not warranted. However, this is a decision made on a case-by-case basis.
Question: What is the DOJ Policy regarding prosecuting those who knowingly, wilfully, though with a mistaken understanding of the Presidential Records Act, and use deceptive tactics to avoid returning them when the Government requests them by subpoena? [This is the case with Trump]
Answer: Regarding the DOJ's policy on prosecuting individuals who knowingly and willfully avoid returning national defense documents when requested by subpoena, the DOJ takes a more serious view. If someone knowingly and willfully disregards a subpoena and uses deceptive tactics to avoid returning the documents, they may face criminal charges for obstruction of justice or contempt of court, depending on the specific circumstances. The DOJ generally views such actions as serious offenses, as they undermine the legal process and hinder the government's ability to conduct investigations.
In my view, given recent events surrounding Trump and NDI docs, Trump's goose is cooked.
Answer: No, the Presidential Records Act (PRA) does not authorize the president to declassify documents at will or by simply thinking it. The PRA is a federal law that governs the management and preservation of presidential records generated during a president's time in office. It establishes that presidential records are the property of the United States government and should be preserved and made available to the public after a certain period.
Declassification of documents, on the other hand, falls under the authority of executive orders and other statutes specifically related to classification and declassification. The president does have the authority to declassify certain documents, but this power is typically exercised through established processes and procedures. The specific procedures for declassifying documents can vary depending on the nature of the information, the agencies involved, and the applicable executive orders or statutes.
It is important to note that even though the president has the authority to declassify documents, this authority is not unlimited. There are still considerations of national security, ongoing investigations, and other factors that may restrict or limit the declassification of certain information.
Question: Which law states that it is illegal to remove national defense information documents from their secure locations.?
Answer: This is the Espionage Act of 1917, which encompasses various provisions related to the mishandling, removal, or disclosure of national defense information. Under this act, it is illegal to remove national defense documents from their secure locations without authorization.
Question: What is the DOJ policy regarding prosecuting those who take them inadvertently but who do return them when the government requests them returned? [This is the case with Biden and Pence]
Answer: Regarding the Department of Justice's (DOJ) policy on prosecuting individuals [Biden and Pence] who inadvertently take national defense information but later return it when requested by the government, it ultimately depends on the specific circumstances and facts of each case. Generally, the DOJ considers factors such as intent, willfulness, and the overall impact of the actions [i.e., the DNI damage assessments] when deciding whether to prosecute. In cases where the individual's actions were unintentional, and they promptly return the documents when requested, the DOJ may exercise discretion and determine that prosecution is not warranted. However, this is a decision made on a case-by-case basis.
Question: What is the DOJ Policy regarding prosecuting those who knowingly, wilfully, though with a mistaken understanding of the Presidential Records Act, and use deceptive tactics to avoid returning them when the Government requests them by subpoena? [This is the case with Trump]
Answer: Regarding the DOJ's policy on prosecuting individuals who knowingly and willfully avoid returning national defense documents when requested by subpoena, the DOJ takes a more serious view. If someone knowingly and willfully disregards a subpoena and uses deceptive tactics to avoid returning the documents, they may face criminal charges for obstruction of justice or contempt of court, depending on the specific circumstances. The DOJ generally views such actions as serious offenses, as they undermine the legal process and hinder the government's ability to conduct investigations.
In my view, given recent events surrounding Trump and NDI docs, Trump's goose is cooked.