"DOJ has one big problem with its Trump criminal case, legal expert says"

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By roadkill
9 Jun 2023 4:22 pm in No Holds Barred Political Forum
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jerra b
17 Jun 2023 5:25 pm
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Beekeeper » 17 Jun 2023, 4:10 pm » wrote: And what's you point?? That she actually RULED that the PRA ONLY ALLOWS THE PRESIDENT to determine what is PERSONAL and what is PRESIDENTIAL???

Which is EXACTLY what her ruling was AND that SHE HAD NO AUTHORITY NOR DID ANYONE ELSE UNDER THE LAW, to force Clinton to turn over his OWN CLASSIFIED PERSONAL PROPERTY CREATED DURING HIS PRESIDENCY to ANYONE!!

See, you LOSE and are TOO **** STUPID TO KNOW THAT YOU KICKED YOUR OWN NASTY NAZI ***!!

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MEMORANDUM OPINION
AMY BERMAN JACKSON, District Judge.Plaintiff Judicial Watch, Inc. brings this action against defendant National Archives and Records Administration (“NARA”) under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701et seq. Plaintiff asks the Court to declare audiotapes created by former President William Jefferson Clinton and historian Taylor Branch during the Clinton administration to be “Presidential records” under the Presidential Records Act (“PRA”), 44 U.S.C. § 2203(f), and to order defendant “to assume custody and control” of them and deposit them in the Clinton Presidential Library. Plaintiff contends that defendant has acted arbitrarily and capriciously under the APA by failing to exercise control over the audiotapes and by not making them available in response to a Freedom of Information Act (“FOIA”) request. Defendant has moved to dismiss [Dkt. # 6] under Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) for failure to state a claim upon which relief can be granted.
 
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maineman
17 Jun 2023 5:43 pm
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RebelGator » 17 Jun 2023, 5:05 pm » wrote: I'll go you one better, the average American citizen is a mouth breathing idiot that could care less about classified information, nonetheless as a citizen their rights to decide what is relevant does not take a back seat to any other citizen's so-called clearance nonsense......especially after these intelligence hacks have been proven to be corrupt and partisan liars.
So you want to let every American see the deployment locations for all of our Navy's fleet ballistic missile submarines? For what purpose other than a death wish?

YOu really are dumber than a sack of hair, Cletis.
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*Beekeeper
17 Jun 2023 5:46 pm
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jerrab » 17 Jun 2023, 5:23 pm » wrote:
  • 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.
You are a **** IDIOT, ASSHOLE!!!

So UNDER THE LAW, who decides what is PRESIDENTIAL and WHAT IS PERSONAL???

Easy enough!! Even BERMAN answered THAT one, **** MORON!!!
Liberals are spoiled children, miserable, unsatisfied, demanding, ill-disciplined, despotic & useless. Liberalism is a philosophy of sniveling brats ~O'Rourke

The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
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maineman
17 Jun 2023 5:52 pm
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roadkill » 17 Jun 2023, 5:16 pm » wrote: Biden didn't have the clearance to take classified docs when he was a senator or the VP...but he did it anyway.

mainemop always leaves that part out because he supports organized crime.
You actually think that the Vice President of the United States or a US Senator does NOT have a Top Secret Clearance?

@deadskunk... you are even stupider than I had envisioned.
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maineman
17 Jun 2023 5:54 pm
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The PRA defines personal records, and presidential records that are generated by intelligence agencies do not fit the definition.
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roadkill
17 Jun 2023 6:22 pm
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maineman » 17 Jun 2023, 5:52 pm » wrote: You actually think that the Vice President of the United States or a US Senator does NOT have a Top Secret Clearance?

@deadskunk... you are even stupider than I had envisioned.

In some cases yes...but Biden DEFINITELY DID NOT have the authority to take classified docs home when he wasn't president. Nor could he declassify docs when he wasn't president.  


Try to keep up mop & bucket man.   
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maineman
17 Jun 2023 6:25 pm
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roadkill » 17 Jun 2023, 6:22 pm » wrote: In some cases yes...but Biden DEFINITELY DID NOT have the authority to take classified docs home when he wasn't president. Nor could he declassify docs when he wasn't president.  

Try to keep up mop & bucket man.
In ALL cases.  You said he did not have the clearance.  That was wrong.  Speak with clarity or get your stupidity shoved up you well traveled ***, @deadskunk
 
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jerra b
17 Jun 2023 6:32 pm
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Beekeeper » 17 Jun 2023, 5:46 pm » wrote: You are a **** IDIOT, ASSHOLE!!!

So UNDER THE LAW, who decides what is PRESIDENTIAL and WHAT IS PERSONAL???

Easy enough!! Even BERMAN answered THAT one, **** MORON!!!

it would be apparent to educated people what are official government documents.
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jerra b
17 Jun 2023 6:38 pm
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Beekeeper » 17 Jun 2023, 2:57 pm » wrote: Jackson NEVER quoted THAT SECTION of the ruling you refer to, ****!!

So that is a TOTALLY MOOT POINT and has ZERO bearing on Clinton's OR ANY OTHER CASE since she never QUOTED that CITATION!!

Nice try, but you get that ARSE handed to you AGAIN, ASSHOLE!!

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---------------------------------------------

A. Subject Matter JurisdictionUnder Rule 12(b)(1), the plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 561112 S.Ct. 2130119 L.Ed.2d 351 (1992); Shekoyan v. Sibley Int'l Corp., 217 F.Supp.2d 59, 63 (D.D.C.2002). Federal courts are courts of limited jurisdiction and the law presumes that “a cause lies outside this limited jurisdiction
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maineman
17 Jun 2023 6:40 pm
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jerrab » 17 Jun 2023, 6:32 pm » wrote: it would be apparent to educated people what are official government documents.
and again... it would seem that Honey-boy doesn't understand that the PRA specifically defines personal records versus presidential records.  It does not give the president the latitude to change those definitions, and certainly not the ex-president!
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jerra b
17 Jun 2023 6:41 pm
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maineman » 17 Jun 2023, 6:40 pm » wrote: and again... it would seem that Honey-boy doesn't understand that the PRA specifically defines personal records versus presidential records.  It does not give the president the latitude to change those definitions, and certainly not the ex-president!
the ruling about the clinton case did not and never will change the pra.
 
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maineman
17 Jun 2023 6:44 pm
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jerrab » 17 Jun 2023, 6:38 pm » wrote: ---------------------------------------------

A. Subject Matter JurisdictionUnder Rule 12(b)(1), the plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 561112 S.Ct. 2130119 L.Ed.2d 351 (1992); Shekoyan v. Sibley Int'l Corp., 217 F.Supp.2d 59, 63 (D.D.C.2002). Federal courts are courts of limited jurisdiction and the law presumes that “a cause lies outside this limited jurisdiction
I am guessing that honey-boy's brain just exploded!   :rofl:  
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*Beekeeper
17 Jun 2023 7:12 pm
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jerrab » 17 Jun 2023, 6:32 pm » wrote: it would be apparent to educated people what are official government documents.
"Apparent"??? THE LAW SAYS THE PRESIDENT CONTROLS WHAT RECORDS ARE PRESIDENTIAL AND WHAT ARE PERSONAL!!

YOU CAN'T SEEM TO SEE HOW APPARENT THAT IS!!!
Liberals are spoiled children, miserable, unsatisfied, demanding, ill-disciplined, despotic & useless. Liberalism is a philosophy of sniveling brats ~O'Rourke

The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
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jerra b
17 Jun 2023 7:12 pm
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maineman » 17 Jun 2023, 5:52 pm » wrote: You actually think that the Vice President of the United States or a US Senator does NOT have a Top Secret Clearance?

@deadskunk... you are even stupider than I had envisioned.
---------------------------------------------------------------------------------------
  • 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.
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jerra b
17 Jun 2023 7:36 pm
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Beekeeper » 17 Jun 2023, 7:12 pm » wrote: "Apparent"??? THE LAW SAYS THE PRESIDENT CONTROLS WHAT RECORDS ARE PRESIDENTIAL AND WHAT ARE PERSONAL!!

YOU CAN'T SEEM TO SEE HOW APPARENT THAT IS!!!

if you don't like it take it to the supreme court.
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jerra b
17 Jun 2023 7:51 pm
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Beekeeper » 17 Jun 2023, 7:12 pm » wrote: "Apparent"??? THE LAW SAYS THE PRESIDENT CONTROLS WHAT RECORDS ARE PRESIDENTIAL AND WHAT ARE PERSONAL!!

YOU CAN'T SEEM TO SEE HOW APPARENT THAT IS!!!
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https://www.everycrsreport.com/reports/ ... 0President.

Prior to the PRA, records were considered the President’s private property. Now, the PRA states that presidential records are the property of the United States. Under the PRA, the President may request advice and assistance from the National Archives and Records Administration (NARA) regarding records management practices, and the Archivist of the United States (the head of NARA) plays an important role in the maintenance and access of a former President’s records.
 
 
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jerra b
17 Jun 2023 7:53 pm
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-------------------------------------------------

Defining Presidential Records
The PRA defines presidential records as

documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President's immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term—

(A) includes any documentary materials relating to the political activities of the President or members of the President's staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.9

This definition of presidential records is distinct from federal records and excludes a President's personal records.10 Unlike federal records, which may be considered temporary or permanent records depending on their content, all presidential records are considered permanent records due to their permanent value and, as a result, should be maintained in perpetuity by the federal government, subject to some limitations described below.11 A President's personal records—identified in the PRA as documents "of a purely private or nonpublic character"—are excluded from preservation requirements.12

----------------------------------------------------------

good luck with taking this to the supreme court.   😊😊
 
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RebelGator
17 Jun 2023 8:44 pm
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maineman » 17 Jun 2023, 5:43 pm » wrote: So you want to let every American see the deployment locations for all of our Navy's fleet ballistic missile submarines? For what purpose other than a death wish?

YOu really are dumber than a sack of hair, Cletis.
I'm sure Trump had that information in his possession......you aren't very smart,  Forest.
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roadkill
18 Jun 2023 3:27 am
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maineman » 17 Jun 2023, 6:25 pm » wrote: In ALL cases.  You said he did not have the clearance.  That was wrong.  Speak with clarity or get your stupidity shoved up you well traveled ***, @deadskunk
Don't lecture me...yer the one who votes for organized crime.  
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*Beekeeper
18 Jun 2023 6:20 am
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jerrab » 17 Jun 2023, 7:51 pm » wrote: ---------------------------------------------------------------------------------------------------------

https://www.everycrsreport.com/reports/ ... 0President.

Prior to the PRA, records were considered the President’s private property. Now, the PRA states that presidential records are the property of the United States. Under the PRA, the President may request advice and assistance from the National Archives and Records Administration (NARA) regarding records management practices, and the Archivist of the United States (the head of NARA) plays an important role in the maintenance and access of a former President’s records.
Yeah,so??

WHO decides what are PRESIDENTIAL RECORDS and what are PERSONAL RECORDS of the President??
Liberals are spoiled children, miserable, unsatisfied, demanding, ill-disciplined, despotic & useless. Liberalism is a philosophy of sniveling brats ~O'Rourke

The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
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