Tornado Alley (PROG)

[hap0206]

So, you are a member of "get Trump, no matter what" crowd -- now it goes to the courts -- it appears to be a constitutional question -- Trump appears to have solid legal grounds -- another whiff with BIG consequences
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On Trump And Everything Else, The Regime Has Gaslighted America Into Oblivion
BY: KYLEE GRISWOLD
JUNE 10, 2023

[excerpt]
Well, they finally did it. The powers that be actually indicted Donald Trump.

After the regime weaponized a bogus dossier, spied on his campaign, hamstrung his policy, impeached him, impeached him again, defamed him as a racist Nazi, made his supporters fear isolation and employment retribution, lied about him in every way imaginable on every news station and in every paper every day, and rigged elections again him, they’re finally taking him down with some paperwork.

These papers are criminal, you see, because they have classification markings, were in Trump’s possession, and were part of a documents dispute. Pay no attention to the fact that the DOJ won’t even tell the court specifically what’s in the documents, meaning they can claim this is a Very Serious Matter™ — Scout’s honor! — with no evidence available to the contrary. Or that as president, Trump possessed declassification authority that wouldn’t have belonged to, say, a secretary of state or vice president.
[all of it]
https://thefederalist.com/2023/06/10/on-trump-and-everything-else-the-regime-has-gaslighted-america-into-oblivion/

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Trump did not violate the law because he could not violate the law
By Andrea Widburg
[excerpts]
It starts with the Constitution, which created three equal branches of government: The legislative branch (Art. I), the executive (presidential) branch (Art. II), and the judiciary (Art. III). As part of his authority as the nation’s chief executive, the Art II president is also commander-in-chief of the military
[...]
The use of the Espionage Act has regularly been prone to abuse, and it has always had its critics because of the very broad and vague language, such as “relating to”. Hopefully Trump’s lawyers will attack from this angle in pre-trial motions.
[...]
A president’s power whether or not to treat documents as essential to national security supersedes anything either Congress or his own employees in the administrative state can do.

Normally, of course, the president is subject to the duly passed laws of the United States Congress. However, regarding national security, the president cannot be subject to Congress. He has plenary, or absolute, power in that area.

The president’s authority over national security matters has been recognized at least since the end of WWII, when, as the court explained in National Federation of Employees v. United States, 688 F.Supp. 671 (D.D.C. 1988), Truman exercised that authority to classify documents:

Long before nuclear weapons, satellites, and orbiting laser defense systems, the President, pursuant to his Article II powers, undertook to defend national security by limiting access to and disclosure of sensitive information. See National Security and Civil Liberties, [citation]. After World War II, President Truman laid the foundation for the current system of classifying information possessed by the Executive Branch. [Citation.]

In other words, national security and the classification system are the president’s bailiwick, and Congress, as a co-equal branch of government, cannot constrain that authority.
[...]

The president is the ultimate authority on national security. Congress cannot decide for him what is classified and what isn’t nor can Congress or executive branch employees decide whether he made reasonable national security decisions. Likewise, people who work for agencies such as the National Archives, which started the fuss, cannot claim that laws or regulations override their boss’s plenary constitutional power. Once Trump took those documents from the White House while still president, he effectively and finally determined that they did not implicate national security.

In this, Trump’s situation differs greatly from that of Hillary Clinton’s, Joe Biden’s, and Mike Pence’s. All have admitted to violating congressional national security laws, and none had the authority to do so. Comparing them to Trump is not an apples-to-apples comparison showing the same law unequally applied. It is a felon-to-innocent man comparison, with Clinton, Biden, and Pence deserving lifetime lock-up and Trump being free from all charges of wrongdoing.

https://www.americanthinker.com/blog/2023/06/trump_did_not_violate_the_law_because_he_could_not_violate_the_law.html.