A pittafil small man.
Judge rules Documents aren’t Trumps!
- Thread starter Jarod
- Start date
A pittafil small man.
You left out the quotes….
Untrue
This is the statutory definition of "presidential records":
§2201. Definitions
As used in this chapter—
(1) The term "documentary material" means all books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio and visual records, or other electronic or mechanical recordations, whether in analog, digital, or any other form.
(2) The term "Presidential records" means 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; but
(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) 1 of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.
(3) The term "personal records" means all documentary materials, or any reasonably segregable portion therof,2 of a purely private or nonpublic character which do not 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 includes—
(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;
(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and
(C) materials relating exclusively to the President's own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.
(4) The term "Archivist" means the Archivist of the United States.
(5) The term "former President", when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential records were created.
While not all government documents are "presidential records" they would still be publicly owned records, not the personal property of a former president.
PostmodernProphet
fully immersed in faith..
since you've provided no link we'll never know.......shucks we don't even know what judge you are talking about yet........
I have previously posted this very section of chapter 18 on other threads... Thank you.
"all books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio and visual records, or other electronic or mechanical recordations, whether in analog, digital, or any other form."
ExpressLane
Verified User
The right thing. No one trusts the FBI anymore to do the right thing.
So when the SM allows the FBI to go forward with the evidence they collected (any reasonable SM will) then you will be okay with it?
Matt Dillon
Retardium User
Yeah, I'm thinking the judge Trump got to appoint the Special Master is the same judge as this:
"UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
JUDICIAL WATCH, INC., )
)
Plaintiff, )
)
v. ) Civil Action No. 10-1834 (ABJ)
)
NATIONAL ARCHIVES AND )
RECORDS ADMINISTRATION, )
)
Defendant. )
____________________________________)
MEMORANDUM OPINION
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. §
701, et 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.
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,
2
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. "
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2010cv1834-13
Trump will be getting his stuff back, and the FBI and DOJ are in trouble. It's the same judge who has been there for a long time that let Clinton keep his tapes!
Suck it, leftist shitbags!
There are so many precedents for this throughout history! It's over!
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If the DOJ at the direction of the Attorney General applies for and receives a court authorized search warrant it's not "the right thing" for the FBI to carry out an instruction to serve the warrant?
Indeed.
Matt Dillon
Retardium User
They didn't.
Yeah, I'm thinking the judge Trump got to appoint the Special Master is the same judge as this:
"UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
JUDICIAL WATCH, INC., )
)
Plaintiff, )
)
v. ) Civil Action No. 10-1834 (ABJ)
)
NATIONAL ARCHIVES AND )
RECORDS ADMINISTRATION, )
)
Defendant. )
____________________________________)
MEMORANDUM OPINION
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. §
701, et 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.
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,
2
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. "
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2010cv1834-13
Trump will be getting his stuff back, and the FBI and DOJ are in trouble. It's the same judge who has been there for a long time that let Clinton keep his tapes!
Suck it, leftist shitbags!
Holy fuck are you fucking stupid. You have no clue what you posted but you posted it anyway. The ruling is very simple. It prohibits the National Archives from designating something as a Presidential record BECAUSE IT LACKS THE AUTHORITY TO DO SO AND DOES NOT HAVE THE RECORDS IN QUESTION IN THEIR POSSESSION.
The Presidential Records Act defines what records are considered Presidential records, and courts have already ruled that Trump is illegally in possession of those records. He is going to get HIS stuff back. He will not get any presidential records back. That being said, the decision you posted has NOTHING to do with this case. You are just a complete fucking moron and a treasonous douchebag.
Matt Dillon
Retardium User
Read all the precedents to this type of situation and cry, bitch!
"NARA does not have the authority to designate materials as
“Presidential records,”" (The president does) <<This is from an actual court case involving Clinton's tapes.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2010cv1834-13
So the search warrant the judge unsealed wasn't real?
How in the fuck do you even manage to get dressed in the morning?
Yakuda
Verified User
Citation. "CNN.com" isnt a citation.
Matt Dillon
Retardium User
The president has the authority to deem things presidential records, fuckface.
And guess what I learned today? A president's security clearance does not get revoked for several years. So eat that shit leftarded assface!
No he doesn't. Once again, you prove what a complete fucking moron you are. The Presidential Records Act defines what Presidential records are. Did you think security clearance gave you a free pass to steal classified documents? I sure hope you don't have any kind of clearance. You are too fucking stupid to be trusted with anything.
Matt Dillon
Retardium User
So the search warrant the judge unsealed wasn't real?
How in the fuck do you even manage to get dressed in the morning?
That wasn't even a judge. Dumbass assface.
Matt Dillon
Retardium User
Yeah, you didn't read the link I posted. Remain ignorant, doesn't bother me in the least! The judge that granted a Special Master is the guy that signed off on that warrant's boss.
He's not even a actual judge, doesn't even do criminal court, and what the FBI did is shifty AF.
