Friday, December 22, 2023 2:04:11 AM
That’s Declassified. (12.21.23)
(1) A President Has Absolute Authority To Declassify Documents. Under the U.S. Constitution, the President is vested with the highest level of authority when it comes to the classification and declassification of documents.
See U.S. Const., Art. II, § 2 (The President (is] Commander in Chief of the Army and Navy of the United States[.]"), His constitutionally based authority regarding the classification and declassification of documents is unfettered.
See Navyv. Egan, 484 U.S. 518, 527 (1988) ("[The President's] authority to classify and control access to information bearing on national security .. .flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant.").
(2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal Sanction. Any attempt to impose criminal liability on a President or former President that involves his actions with respect to documents marked classified would implicate grave constitutional separation-of-powers issues. Beyond that, the primary criminal statute that governs the unauthorized removal and retention of classified documents or material does not apply to the President. That statute provides, in pertinent part, as follows:
Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents location shall be fined under this title or imprisoned for not more than five years, or both. materials at an unauthorized 18 U.S.C. § 1924(a). An element of this offense, which the government must prove beyond a reasonable doubt, is that the accused is "an officer, employee, contractor, or consultant of the United States."
The President is none of these. See Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477, 497-98 (2010) (citing U.S. Const., Art. I, § 2, cl. 2) (*"The people do not vote for the Officers of the United States."); see also Melcher v. Fed. Open Mkt. Comm., 644 F. Supp. S10, 518-19 (D.D.C. 1986), affd, 836 F.2d 561 (D.C. Cir. 1987) ("[aln officer of the United States can only be appointed by the President, by and with the advice and consent of the Senate, or by a court of law, or the head of a department. A person who does not derive his position from one of these sources is not an officer of the United States in the sense of the Constitution."). Thus, the statute does not apply to acts by a President.”
—————
“There is no governmental system or constitutional process that supersedes the Office of the President within the executive branch.”
“.. the Legislative and Judicial (branch) cannot impede or reach into in the structure of the Executive to limit the power outlined in the constitution and granted by We The People.”
https://theconservativetreehouse.com/blog/2023/06/19/president-trump-interview-with-fox-news-brett-baier/
“Dems have weaponized the justice system and law enforcement against their opponents (For example, Hillary and Biden had classified documents, nothing happened to them. But Trump was arrested for legally possessing classified documents.”
https://www.americanthinker.com/articles/2023/08/using_the_dictators__and_the_mafias__playbook.html
Trump was AUTHORIZED to possess even certain CLASSIFIED documents. For example, documents related to the massive corruption in the DOJ and FBI and any related investigations started while he was President.
§ 2204. Restrictions on access to Presidential records
(a) “…not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record, within one or more of the following categories:
(1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense…”
https://www.archives.gov/about/laws/presidential-records.html
“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.”
https://rumble.com/v2w9m8e-pra-of-1978-facts-do-not-cease-to-exist-because-they-are-ignored.-aldous-hu.html
https://www.archives.gov/presidential-libraries/laws/1978-act.html
“It is important to remember, the presidential records act –the presented pretext for the document conflict– is not a criminal statute. An FBI raid cannot be predicated on a document conflict between the National Archives and a former president.”
https://rumble.com/v2upvao-no-one-disputes-the-fact-that-the-pra-of-1978-44-u.s.c.-2201-2209-is-not-a-.html
https://clintonfoundationtimeline.com/august-11-2022-part-4-what-was-in-the-trump-documents-creating-such-fear-in-doj-and-fbi/
“The statute assigns the Archivist NO ROLE with respect to personal records once the Presidency concludes.”
“Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President’s term and in
his SOLE DISCRETION,”
see 44 U.S.C. § 2203(b)”
https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2010cv01834/144698/13/
Trump lawfully exercised his “sole discretion” to possess documents he wanted to take with him.
And… NO ONE was authorized to stop him.
How do we know Trump was authorized to take the documents?
The USGSA packed and shipped them and the FBI approved the facility.
“…the @USGSA, not Trump or anyone working for him in the White House, packed the boxes that the FBI took in Monday’s raid.”
https://rumble.com/embed/v2qgkwq/?pub=1w5hhu
https://www.breitbart.com/politics/2022/08/22/sources-gsa-packed-boxes-documents-trump-took-mar-a-lago-not-political-staffers/
The Mar-a-Lago storage facility met GSA standards for EVEN classified documents:
“Safeguarding Classified Information.” Section 5-302, TOP SECRET Storage says, “TOP SECRET material shall be stored in a GSA-approved security container, an approved vault, or an approved closed area with supplemental controls.”
https://tidewaterforum.blog/2022/08/17/did-the-storage-facilities-at-mar-a-lago-meet-federal-standards/
“There is a SCIF at Mar-a-Lago, which is used when President Donald Trump is in town.
Ironically, the existence of the SCIF at the president’s private club in Palm Beach was first revealed in a White House press briefing on February 14, 2017, to rebut criticism Trump himself had put sensitive discussions at risk.”
https://clintonfoundationtimeline.com/february-14-2017-mar-a-lago-has-a-scif/
The FBI also approved security at
Mar-a-Lago storage facility.
“In early June, the DOJ and FBI asked my legal representatives to put an extra lock on the door leading to the place where boxes were stored in Mar-a-Lago – We agreed.”
https://www.breitbart.com/politics/2022/08/10/trump-doj-fbi-previously-asked-for-extra-lock-on-document-storage-room-they-broke-during-raid/
“Joe Biden paved the way for his Justice Department to arrest his political opponent after he retroactively revoked Trump’s executive privilege.”
“Biden revoking Trump’s executive privilege opened the door for the former president to be subpoenaed – the subpoena then opened the door for the Justice Department to charge Trump with federal crimes.”
https://www.thegatewaypundit.com/2023/11/trump-lawyers-drop-bombshell-revelations-about-biden-regime/
“They weaponized and politicized law enforcement repeatedly to get Trump, this was an unnecessary, unprecedented, unlawful home raid on a former President in which the whole legal basis for the raid has been blown apart”
https://youtu.be/lhCKLvq8ryA
https://www.law.cornell.edu/uscode/text/44/2205
https://news.yahoo.com/legal-basis-fbi-raid-blown-025808115.html
“…the notion of Trump spying for a foreign power -- the original heart of the purpose of the Espionage Act -- is beyond ludicrous.”
44 USC §2205 (3), (3) gives a former president unrestrained access to the presidential records which he declares to be his and gives his designated agents also access to such records.
https://youtu.be/VGPmbWq0g48
https://www.americanthinker.com/articles/2023/06/trump_indictment_a_violation_of_federal_law.html
“Space limitations will not allow me to elaborate on the content of the nation’s “executive Power” vested in the President by Article II, Section 1, of the Constitution. But it was a central focus of my 1,700-page, 3,000-footnote doctoral dissertation written decades ago, and I have discussed it at some length in congressional testimony…”
https://www.americanthinker.com/articles/2023/06/trump_the_constitution_and_the_classified_documents_controversy.html
Christopher Wray’s knowledge of the Presidential records act seems dubious at best…
“Rep Andrew Clyde (R-GA) probes FBI Director Christopher Wray about legal issues involving the raid on former President Donald Trump’s Mar-A-Lago home and executive privilege.”
https://rumble.com/embed/v2imi3g/?pub=1w5hhu
https://youtu.be/S2_Ar5i3dl4
https://www.ntd.com/fbi-director-questioned-over-mar-a-lago-documents-raid_916041.html
“Attorney General Merrick Garland’s Department of Justice finally admitted in a Monday court filing that FBI agents seized “potentially contain[ing] attorney-client privileged information” in the raid on former President Donald Trump’s Mar-a-Lago home.”
https://rumble.com/embed/v28vdco/?pub=4
https://redstate.com/mike_miller/2022/08/29/confirmed-doj-admits-fbi-seized-attorney-client-privileged-information-in-mar-a-lago-raid-n619545
“In the final hours of the Trump presidency, the U.S. Justice Department raised privacy concerns to thwart the release of hundreds of pages of documents that Donald Trump had declassified to expose FBI abuses during the Russia collusion probe, and the agency then defied a subsequent order to release the materials after redactions were made…”
https://redstate.com/mike_miller/2022/07/20/doj-blocked-trumps-declassification-of-russian-collusion-hoax-docs-in-final-hours-of-his-presidency-n598409
It's not surprising that the DOJ refuses to turn over documents that prove that the DOJ, FBI and the CIA have committed crimes against the United States and Trump. It also explains why they have nothing to lose at this point by further victimizing Donald Trump.
Who do we call on to enforce the law when it's being broken by the people who are tasked with enforcing it?
https://www.judicialwatch.org/judicial-watch-sues-doj-to-release-trump-declassified-smoking-gun-documents-from-russia-probe/
January 19, 2021
“I hereby declassify the remaining materials in the binder. This is my final determination under the declassification review and I have directed the Attorney General to implement the redactions proposed in the FBI’s January 17 submission and return to the White House an appropriately redacted copy.”
https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-declassification-certain-materials-related-fbis-crossfire-hurricane-investigation/
The same people who ran multiple, illegal, treasonous counter intelligence operations against Donald Trump are the SAME people who raided his home. This is just the latest taxpayer funded CRIME being committed by the FBI and the DOJ.
https://rumble.com/v1h3f95-jesse-watters-has-some-shocking-info-about-the-fbis-trump-raid-video.html
https://rumble.com/embed/v1eh9cr/?pub=1w5hhu
Former Director of National Intelligence John Ratcliffe was on with Maria Bartiromo on Sunday Morning Futures and he confirmed what many are thinking – the FBI classified documents as “Top Secret” not because they were, but because they wanted to cover up their crimes in attempting a coup of the Trump Administration.
https://www.thegatewaypundit.com/2022/09/things-make-believe-yet-marked-top-secret-former-dni-john-ratcliffe-corrupt-fbi-classifying-documents-cover-crimes/
“The president does not need to obtain Congress or a bureaucrat's permission—or jump through their regulatory or statutory hoops—to declassify anything. The S.C. reaffirmed this in 1988…”
“if Trump left the White House with classified records, then those records are necessarily declassified by his very actions…”
https://rumble.com/embed/v1eb7sv/?pub=1w5hhu
https://townhall.com/tipsheet/mattvespa/2022/08/19/oped-impeach-ag-garland-and-fbi-director-wray-over-dojs-maralago-fiasco-n2611977
“The President, after all, is the ‘Commander in Chief of the Army and Navy of the United States.’ U.S. Const., Art. II, 2. His authority to classify and control access to information bearing on national security…”
“…flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant.”
https://www.washingtontimes.com/news/2022/sep/12/trump-already-flexed-his-declassify-power-in-russi/
Jesse Watters: Clinton was the worst when it comes to classified documents
Fox News host Jesse Watters compares the treatment of President Trump and President Clinton over classified documents on 'Jesse Watters Primetime.'
https://rumble.com/embed/v2qnzvy/?pub=1w5hhu
https://www.foxnews.com/video/6311272891112
“This whole archives thing, the whole presidential records thing, this classified records thing, it's just an excuse for them to go in there.”
“…He has legal access to whatever Trump administration document he wants when he leaves office. That's the deal all presidents have.”
https://rumble.com/embed/v2ovtc1/?pub=1w5hhu
https://www.foxnews.com/media/jesse-watters-mar-a-lago-raid-why-justice-department-didnt-want-release-affidavit
The Five' co-hosts discuss former President Donald Trump pleading not guilty in federal court to 37 counts related to his handling of classified documents.
https://youtu.be/Y59aIMgTaGI
https://rumble.com/embed/v2rfem6/?pub=1w5hhu
Flashback to Comey’s testimony over Clinton classified documents and emails.
Unauthorized possession
Unauthorized transmission
Unauthorized and unsecured server
https://youtu.be/dax8KvfPXPI
James Comey: “No reasonable prosecutor would bring this case”
"no doubt" that some of Clinton's lawyers who sifted through her emails did not have security clearance.”
https://www.cbsnews.com/news/james-comey-hillary-clinton-email/
Espionage and treason doesn’t pay well in the end.
https://rumble.com/embed/v2npwou/?pub=1w5hhu
“Jim Comey Ignored State Department Whistleblower on HIllary’s Crimes”
https://turcopolier.typepad.com/sic_semper_tyrannis/2020/10/jim-comey-ignored-state-department-whistleblower-on-hillarys-crimes-with-classified-material-by-larr.html
UNCLASSIFIED
Case ID # : 58A- LR- 2187489
https://int.nyt.com/data/documenttools/investigation-into-the-clinton-foundation/e30b8bebab8933a9/full.pdf
Full:
https://rumble.com/v2pszbk-charles-ortel-is-closin-in-only-news-they-determine-fit-to-print.html
“Top FBI officials also saved Hillary Clinton by scorning the federal statute book and treating her pervasive, perpetual violations of federal laws on classified documents as a harmless, unintentional error.”
https://youtu.be/8exYRELegNM
https://nypost.com/2023/05/15/durham-proves-that-hillary-and-the-fbi-tried-to-rig-the-2016-election/
“David S. Ferriero, who has been the archivist of the United States for more than a decade under three presidents, is planning to retire…”
https://www.washingtonpost.com/dc-md-va/2022/01/13/david-ferriero-national-archives-retiring/
Hypocrites, why the double standard?
David S. Ferriero sought permission from the incumbent President at the time (Obama) before turning over ANY of his (Obama’s) Presidential records to Congress, which is consistent with requirements of the presidential records act that states the records remain in the custody of the incumbent President.
https://www.documentcloud.org/documents/6882587-Letter-From-Obama-Office-to-NARA-03-13-20.html
“Famed attorney Alan Dershowitz weighed in on the reported FBI raid on former President Trump’s Florida home at Mar-A-Lago on Monday and slammed the Biden administration for weaponizing the justice system.”
https://www.dailywire.com/news/dershowitz-reacts-to-fbi-raid-at-mar-a-lago-biden-administration-has-weaponized-justice-system
“One thing that clearly is wrong is the Biden White House should not be able to waive the executive privilege of President Trump. It would mean that no president could ever speak with confidence without knowing two years from now or three years from now all of it will be revealed by the current president…”
https://www.thegatewaypundit.com/2022/08/alan-dershowitz-clearly-wrong-biden-white-house-not-able-waive-executive-privilege-president-trump-video/
“Experts agreed that the president, as commander-in-chief, is ultimately responsible for classification and declassification. When someone lower in the chain of command handles classification and declassification duties it's because they have been delegated to do so by the president directly, or by an appointee chosen by the president.”
https://www.globalsecurity.org/org/news/2017/170516-president-declassification.htm
“The entire process of granting, denying or revoking someone’s security clearance is derived from the president’s Article II authority as commander in chief. The president is the ultimate classifier of information and, at least in theory, the ultimate decider on who is granted access to classified information.”
https://www.lawfareblog.com/can-president-revoke-former-officials-security-clearances
Mark Levin sounds off on President Biden's and Attorney General Merrick Garland's Department of Justice for 'destroying America' on 'Life, Liberty & Levin.'
https://youtu.be/tV9aqElW7fo
“Accuse the other side of that which you are guilty.”
This quote has bopped around for quite some time. It is at times attributed to Communists Vladimir Lenin and Karl Marx, National Socialist Joseph Goebbels and sometimes even modern Leftist godfather Saul Alinsky.
Regardless of its origin – Leftists are so very excellent at it. In their high school AV Clubs – Leftists ran the projectors.
https://youtu.be/ykBjAHiGQOU
“After a full media cycle of apoplexy and pearl-clutching, which included Andrew Weissmann appearing on MSNBC to declare “It’s the end of Trump,” CBS is now reporting there is no Defense Department memo about attacking Iran – the foundation of the media claims surrounding the leaked audio tapes from Special Counsel Jack Smith.”
https://theconservativetreehouse.com/blog/2023/06/27/cbs-report-mysterious-dod-iran-attack-memo-does-not-exist-and-is-not-part-of-jack-smith-case-against-trump/
“We know Obama kept classified documents when he left the White House because the NSC wouldn’t fulfill a request to turn over Susan Rice’s unmasking documents that were moved to Obama’s library.”
“The fact that they could not be easily obtained indicates they were classified.”
“We also know that Obama refused to keep hard copies in his library – everything was to be digitized. Also, no archivists were there to oversee the digitization of Obama’s documents while he was President. So there is no way to tell whether Obama didn’t have classified documents in the materials he took with him after his corrupt presidency.”
“We also know that at that time The New York Times reported that the National Archives is not overseeing Obama’s library. The Times published the following:
“And the entire complex, including the museum chronicling Mr. Obama’s presidency, will be run by the foundation, a private nonprofit entity, rather than by the National Archives and Records Administration, the federal agency that administers the libraries and museums for all presidents going back to Herbert Hoover.”
https://www.thegatewaypundit.com/2022/08/exclusive-national-archives-media-caught-lie-claim-obama-didnt-keep-classified-docs-evidence-shows-obama-absolutely-no-way-prove-didnt/
“Almost all the media coverage of this controversy has ignored or downplayed the dismal failure of the Presidential Records Act to reveal presidents’ records. A Washington Post analysis of the dispute on the 30 million pages conceded, “As with many issues of government transparency and document-sharing, it’s true that this is not great! You often have to wait years for requested documents, and this appears to be no exception.”
“But journalists should be outraged by this perpetual stonewalling. Barack and Michelle Obama collected a $65 million advance for their memoirs, but Americans are still effectively prohibited from seeing his official records.”
https://nypost.com/2022/08/14/theres-no-sainthood-for-obama-national-archives-in-trump-fbi-raid-uproar/
“…the media hid information about the frequent unmasking of Donald Trump allies, including Gen. Flynn, by Susan Rice. By the end of the year, all her records were hidden and unreachable in the Obama Presidential Library.”
“Documents from the Obama administration have been transferred to the Obama Presidential Library. You may send your request to the Obama Library. However, you should be aware that under the Presidential Records Act, Presidential records remain closed to the public for five years after an administration has left office.’
https://www.independentsentinel.com/barack-obama-hid-susan-rices-unmasking-records/
Sec. 1.7. Classification Prohibitions and Limitations.
(a) In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
https://obamawhitehouse.archives.gov/the-press-office/executive-order-classified-national-security-information
“The classified materials included some top-secret files with the ‘sensitive compartmented information’ designation, also known as SCI, which is used for highly sensitive information obtained from intelligence sources.”
https://youtu.be/MNr8978O7co
https://legalinsurrection.com/2023/01/revealed-then-vp-biden-removed-top-secret-sensitive-compartmented-classified-documents-kept-in-his-private-u-penn-office/
“Information that has been determined to be SCI may only be stored and used in a Sensitive Compartmented Information Facility (SCIF). SCIFs have specific construction requirements, and their subsequent accreditation is separate from those for Controlled Areas and is coordinated by the Department’s Special Security Officer (SSO).”
https://www.commerce.gov/osy/programs/information-security/sensitive-compartmented-information-sci-program
“We’ve got him and they know it…”
https://youtu.be/EtxQExP7XiM
“President Biden stole President Obama's classified presidential records and put them in his personal files in an abandoned office, his home office, and a garage with none of these precautions whatsoever. That violates the Espionage Act and other federal statutes dealing with theft of government property.”
https://www.newsweek.com/bidens-theft-classified-docs-serious-doj-isnt-taking-it-seriously-opinion-1774837
“A Hunter Biden email about Ukraine from 2014 looks ‘suspiciously’ like it could have come from classified information, a leading GOP senator has claimed.”
https://youtu.be/rw5syX39gTw
https://nypost.com/2023/01/25/suspicious-hunter-biden-email-may-be-based-on-classified-info-gop-senator/
“China, Cash and Classified Documents: FISC/FISA, the Usual Suspects and the Problematic Penn Biden Center”
“…That context overlays the exact timeline for the fraudulent “Russian collusion” narrative and its resulting Mueller Special Counsel operation…”
https://rumble.com/embed/v2islza/?pub=1w5hhu
https://politicalmoonshine.com/2023/01/10/china-cash-and-classified-documents-fisc-fisa-the-usual-suspects-and-the-problematic-penn-biden-center/
“Attorneys for President Joe Biden found between 25 and 30 classified documents from November 2022 to January 2023 in his old office at the Penn Biden Center. The university has since drawn scrutiny from Congress for pocketing tens of millions of dollars in anonymous Chinese donations.”
https://youtu.be/8uR1M5DcatM
https://www.washingtonexaminer.com/news/white-house/biden-classified-documents-u-penn-china-hunter-laptop
“Joe Biden STOLE SCIF-designated classified documents and improperly stored them at the Penn Biden Center.”
“Biden also stored classified documents in his garage next to his Corvette where his son Hunter had access to the sensitive materials.
Nine boxes of documents were taken from Joe Biden’s lawyer’s Boston office and we have no idea what is in those boxes because the National Archives is covering up for Biden.”
https://www.thegatewaypundit.com/2023/10/revealed-five-white-house-employees-involved-bidens-stolen/
“A government watchdog is demanding the US attorney probing Hunter Biden in Delaware investigate tens of millions in anonymous donations from China to the University of Pennsylvania, where an academic center is named for his father, President Biden. The Ivy League college raked in a total of $54.6 million from 2014 through June 2019 in donations from China..”
https://youtu.be/MNr8978O7co
https://nypost.com/2022/04/09/54m-in-chinese-gifts-donated-to-upenn-home-of-biden-center/
“….$6.7 million in anonymous donations from China, including direct funding from the Chinese government…”
“.. following reporting that anonymous China-linked funds flowing to the University of Pennsylvania almost tripled after the inauguration of the Penn-Biden Center, which illegally housed classified documents.”
https://www.breitbart.com/politics/2023/02/14/exclusive-secret-china-donations-to-university-of-delaware-soared-after-the-opening-of-the-biden-institute/
“We know other U.S. attorneys were looking into the Biden corruption and by all accounts, Lesley Wolf called that off. We know that the National Archives was looking into the Bidens’ mishandling of classified documents, and they were told by someone in the Department of Justice to stand down, to not cooperate with the House Oversight Committee [and myself], and we believe that person was Lesley Wolf.”
https://www.newsmax.com/newsmax-tv/james-comer-joe-biden-lesley-wolf/2023/11/21/id/1143184/is
“Only appropriately cleared personnel may receive, transmit, and maintain current access and accountability records for classified material.”
https://www.law.cornell.edu/cfr/text/46/503.59
“…by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.”
https://www.law.cornell.edu/uscode/text/18/1924
18 US CODE Chapter 37 Section 793
(e) “Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense.”
“Shall be fined under this title or imprisoned not more than ten years, or both.”
https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter37&edition=prelim
(1) A President Has Absolute Authority To Declassify Documents. Under the U.S. Constitution, the President is vested with the highest level of authority when it comes to the classification and declassification of documents.
See U.S. Const., Art. II, § 2 (The President (is] Commander in Chief of the Army and Navy of the United States[.]"), His constitutionally based authority regarding the classification and declassification of documents is unfettered.
See Navyv. Egan, 484 U.S. 518, 527 (1988) ("[The President's] authority to classify and control access to information bearing on national security .. .flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant.").
(2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal Sanction. Any attempt to impose criminal liability on a President or former President that involves his actions with respect to documents marked classified would implicate grave constitutional separation-of-powers issues. Beyond that, the primary criminal statute that governs the unauthorized removal and retention of classified documents or material does not apply to the President. That statute provides, in pertinent part, as follows:
Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents location shall be fined under this title or imprisoned for not more than five years, or both. materials at an unauthorized 18 U.S.C. § 1924(a). An element of this offense, which the government must prove beyond a reasonable doubt, is that the accused is "an officer, employee, contractor, or consultant of the United States."
The President is none of these. See Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477, 497-98 (2010) (citing U.S. Const., Art. I, § 2, cl. 2) (*"The people do not vote for the Officers of the United States."); see also Melcher v. Fed. Open Mkt. Comm., 644 F. Supp. S10, 518-19 (D.D.C. 1986), affd, 836 F.2d 561 (D.C. Cir. 1987) ("[aln officer of the United States can only be appointed by the President, by and with the advice and consent of the Senate, or by a court of law, or the head of a department. A person who does not derive his position from one of these sources is not an officer of the United States in the sense of the Constitution."). Thus, the statute does not apply to acts by a President.”
—————
“There is no governmental system or constitutional process that supersedes the Office of the President within the executive branch.”
“.. the Legislative and Judicial (branch) cannot impede or reach into in the structure of the Executive to limit the power outlined in the constitution and granted by We The People.”
https://theconservativetreehouse.com/blog/2023/06/19/president-trump-interview-with-fox-news-brett-baier/
“Dems have weaponized the justice system and law enforcement against their opponents (For example, Hillary and Biden had classified documents, nothing happened to them. But Trump was arrested for legally possessing classified documents.”
https://www.americanthinker.com/articles/2023/08/using_the_dictators__and_the_mafias__playbook.html
Trump was AUTHORIZED to possess even certain CLASSIFIED documents. For example, documents related to the massive corruption in the DOJ and FBI and any related investigations started while he was President.
§ 2204. Restrictions on access to Presidential records
(a) “…not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record, within one or more of the following categories:
(1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense…”
https://www.archives.gov/about/laws/presidential-records.html
“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.”
https://rumble.com/v2w9m8e-pra-of-1978-facts-do-not-cease-to-exist-because-they-are-ignored.-aldous-hu.html
https://www.archives.gov/presidential-libraries/laws/1978-act.html
“It is important to remember, the presidential records act –the presented pretext for the document conflict– is not a criminal statute. An FBI raid cannot be predicated on a document conflict between the National Archives and a former president.”
https://rumble.com/v2upvao-no-one-disputes-the-fact-that-the-pra-of-1978-44-u.s.c.-2201-2209-is-not-a-.html
https://clintonfoundationtimeline.com/august-11-2022-part-4-what-was-in-the-trump-documents-creating-such-fear-in-doj-and-fbi/
“The statute assigns the Archivist NO ROLE with respect to personal records once the Presidency concludes.”
“Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President’s term and in
his SOLE DISCRETION,”
see 44 U.S.C. § 2203(b)”
https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2010cv01834/144698/13/
Trump lawfully exercised his “sole discretion” to possess documents he wanted to take with him.
And… NO ONE was authorized to stop him.
How do we know Trump was authorized to take the documents?
The USGSA packed and shipped them and the FBI approved the facility.
“…the @USGSA, not Trump or anyone working for him in the White House, packed the boxes that the FBI took in Monday’s raid.”
https://rumble.com/embed/v2qgkwq/?pub=1w5hhu
https://www.breitbart.com/politics/2022/08/22/sources-gsa-packed-boxes-documents-trump-took-mar-a-lago-not-political-staffers/
The Mar-a-Lago storage facility met GSA standards for EVEN classified documents:
“Safeguarding Classified Information.” Section 5-302, TOP SECRET Storage says, “TOP SECRET material shall be stored in a GSA-approved security container, an approved vault, or an approved closed area with supplemental controls.”
https://tidewaterforum.blog/2022/08/17/did-the-storage-facilities-at-mar-a-lago-meet-federal-standards/
“There is a SCIF at Mar-a-Lago, which is used when President Donald Trump is in town.
Ironically, the existence of the SCIF at the president’s private club in Palm Beach was first revealed in a White House press briefing on February 14, 2017, to rebut criticism Trump himself had put sensitive discussions at risk.”
https://clintonfoundationtimeline.com/february-14-2017-mar-a-lago-has-a-scif/
The FBI also approved security at
Mar-a-Lago storage facility.
“In early June, the DOJ and FBI asked my legal representatives to put an extra lock on the door leading to the place where boxes were stored in Mar-a-Lago – We agreed.”
https://www.breitbart.com/politics/2022/08/10/trump-doj-fbi-previously-asked-for-extra-lock-on-document-storage-room-they-broke-during-raid/
“Joe Biden paved the way for his Justice Department to arrest his political opponent after he retroactively revoked Trump’s executive privilege.”
“Biden revoking Trump’s executive privilege opened the door for the former president to be subpoenaed – the subpoena then opened the door for the Justice Department to charge Trump with federal crimes.”
https://www.thegatewaypundit.com/2023/11/trump-lawyers-drop-bombshell-revelations-about-biden-regime/
“They weaponized and politicized law enforcement repeatedly to get Trump, this was an unnecessary, unprecedented, unlawful home raid on a former President in which the whole legal basis for the raid has been blown apart”
https://youtu.be/lhCKLvq8ryA
https://www.law.cornell.edu/uscode/text/44/2205
https://news.yahoo.com/legal-basis-fbi-raid-blown-025808115.html
“…the notion of Trump spying for a foreign power -- the original heart of the purpose of the Espionage Act -- is beyond ludicrous.”
44 USC §2205 (3), (3) gives a former president unrestrained access to the presidential records which he declares to be his and gives his designated agents also access to such records.
https://youtu.be/VGPmbWq0g48
https://www.americanthinker.com/articles/2023/06/trump_indictment_a_violation_of_federal_law.html
“Space limitations will not allow me to elaborate on the content of the nation’s “executive Power” vested in the President by Article II, Section 1, of the Constitution. But it was a central focus of my 1,700-page, 3,000-footnote doctoral dissertation written decades ago, and I have discussed it at some length in congressional testimony…”
https://www.americanthinker.com/articles/2023/06/trump_the_constitution_and_the_classified_documents_controversy.html
Christopher Wray’s knowledge of the Presidential records act seems dubious at best…
“Rep Andrew Clyde (R-GA) probes FBI Director Christopher Wray about legal issues involving the raid on former President Donald Trump’s Mar-A-Lago home and executive privilege.”
https://rumble.com/embed/v2imi3g/?pub=1w5hhu
https://youtu.be/S2_Ar5i3dl4
https://www.ntd.com/fbi-director-questioned-over-mar-a-lago-documents-raid_916041.html
“Attorney General Merrick Garland’s Department of Justice finally admitted in a Monday court filing that FBI agents seized “potentially contain[ing] attorney-client privileged information” in the raid on former President Donald Trump’s Mar-a-Lago home.”
https://rumble.com/embed/v28vdco/?pub=4
https://redstate.com/mike_miller/2022/08/29/confirmed-doj-admits-fbi-seized-attorney-client-privileged-information-in-mar-a-lago-raid-n619545
“In the final hours of the Trump presidency, the U.S. Justice Department raised privacy concerns to thwart the release of hundreds of pages of documents that Donald Trump had declassified to expose FBI abuses during the Russia collusion probe, and the agency then defied a subsequent order to release the materials after redactions were made…”
https://redstate.com/mike_miller/2022/07/20/doj-blocked-trumps-declassification-of-russian-collusion-hoax-docs-in-final-hours-of-his-presidency-n598409
It's not surprising that the DOJ refuses to turn over documents that prove that the DOJ, FBI and the CIA have committed crimes against the United States and Trump. It also explains why they have nothing to lose at this point by further victimizing Donald Trump.
Who do we call on to enforce the law when it's being broken by the people who are tasked with enforcing it?
https://www.judicialwatch.org/judicial-watch-sues-doj-to-release-trump-declassified-smoking-gun-documents-from-russia-probe/
January 19, 2021
“I hereby declassify the remaining materials in the binder. This is my final determination under the declassification review and I have directed the Attorney General to implement the redactions proposed in the FBI’s January 17 submission and return to the White House an appropriately redacted copy.”
https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-declassification-certain-materials-related-fbis-crossfire-hurricane-investigation/
The same people who ran multiple, illegal, treasonous counter intelligence operations against Donald Trump are the SAME people who raided his home. This is just the latest taxpayer funded CRIME being committed by the FBI and the DOJ.
https://rumble.com/v1h3f95-jesse-watters-has-some-shocking-info-about-the-fbis-trump-raid-video.html
https://rumble.com/embed/v1eh9cr/?pub=1w5hhu
Former Director of National Intelligence John Ratcliffe was on with Maria Bartiromo on Sunday Morning Futures and he confirmed what many are thinking – the FBI classified documents as “Top Secret” not because they were, but because they wanted to cover up their crimes in attempting a coup of the Trump Administration.
https://www.thegatewaypundit.com/2022/09/things-make-believe-yet-marked-top-secret-former-dni-john-ratcliffe-corrupt-fbi-classifying-documents-cover-crimes/
“The president does not need to obtain Congress or a bureaucrat's permission—or jump through their regulatory or statutory hoops—to declassify anything. The S.C. reaffirmed this in 1988…”
“if Trump left the White House with classified records, then those records are necessarily declassified by his very actions…”
https://rumble.com/embed/v1eb7sv/?pub=1w5hhu
https://townhall.com/tipsheet/mattvespa/2022/08/19/oped-impeach-ag-garland-and-fbi-director-wray-over-dojs-maralago-fiasco-n2611977
“The President, after all, is the ‘Commander in Chief of the Army and Navy of the United States.’ U.S. Const., Art. II, 2. His authority to classify and control access to information bearing on national security…”
“…flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant.”
https://www.washingtontimes.com/news/2022/sep/12/trump-already-flexed-his-declassify-power-in-russi/
Jesse Watters: Clinton was the worst when it comes to classified documents
Fox News host Jesse Watters compares the treatment of President Trump and President Clinton over classified documents on 'Jesse Watters Primetime.'
https://rumble.com/embed/v2qnzvy/?pub=1w5hhu
https://www.foxnews.com/video/6311272891112
“This whole archives thing, the whole presidential records thing, this classified records thing, it's just an excuse for them to go in there.”
“…He has legal access to whatever Trump administration document he wants when he leaves office. That's the deal all presidents have.”
https://rumble.com/embed/v2ovtc1/?pub=1w5hhu
https://www.foxnews.com/media/jesse-watters-mar-a-lago-raid-why-justice-department-didnt-want-release-affidavit
The Five' co-hosts discuss former President Donald Trump pleading not guilty in federal court to 37 counts related to his handling of classified documents.
https://youtu.be/Y59aIMgTaGI
https://rumble.com/embed/v2rfem6/?pub=1w5hhu
Flashback to Comey’s testimony over Clinton classified documents and emails.
Unauthorized possession
Unauthorized transmission
Unauthorized and unsecured server
https://youtu.be/dax8KvfPXPI
James Comey: “No reasonable prosecutor would bring this case”
"no doubt" that some of Clinton's lawyers who sifted through her emails did not have security clearance.”
https://www.cbsnews.com/news/james-comey-hillary-clinton-email/
Espionage and treason doesn’t pay well in the end.
https://rumble.com/embed/v2npwou/?pub=1w5hhu
“Jim Comey Ignored State Department Whistleblower on HIllary’s Crimes”
https://turcopolier.typepad.com/sic_semper_tyrannis/2020/10/jim-comey-ignored-state-department-whistleblower-on-hillarys-crimes-with-classified-material-by-larr.html
UNCLASSIFIED
Case ID # : 58A- LR- 2187489
https://int.nyt.com/data/documenttools/investigation-into-the-clinton-foundation/e30b8bebab8933a9/full.pdf
Full:
https://rumble.com/v2pszbk-charles-ortel-is-closin-in-only-news-they-determine-fit-to-print.html
“Top FBI officials also saved Hillary Clinton by scorning the federal statute book and treating her pervasive, perpetual violations of federal laws on classified documents as a harmless, unintentional error.”
https://youtu.be/8exYRELegNM
https://nypost.com/2023/05/15/durham-proves-that-hillary-and-the-fbi-tried-to-rig-the-2016-election/
“David S. Ferriero, who has been the archivist of the United States for more than a decade under three presidents, is planning to retire…”
https://www.washingtonpost.com/dc-md-va/2022/01/13/david-ferriero-national-archives-retiring/
Hypocrites, why the double standard?
David S. Ferriero sought permission from the incumbent President at the time (Obama) before turning over ANY of his (Obama’s) Presidential records to Congress, which is consistent with requirements of the presidential records act that states the records remain in the custody of the incumbent President.
https://www.documentcloud.org/documents/6882587-Letter-From-Obama-Office-to-NARA-03-13-20.html
“Famed attorney Alan Dershowitz weighed in on the reported FBI raid on former President Trump’s Florida home at Mar-A-Lago on Monday and slammed the Biden administration for weaponizing the justice system.”
https://www.dailywire.com/news/dershowitz-reacts-to-fbi-raid-at-mar-a-lago-biden-administration-has-weaponized-justice-system
“One thing that clearly is wrong is the Biden White House should not be able to waive the executive privilege of President Trump. It would mean that no president could ever speak with confidence without knowing two years from now or three years from now all of it will be revealed by the current president…”
https://www.thegatewaypundit.com/2022/08/alan-dershowitz-clearly-wrong-biden-white-house-not-able-waive-executive-privilege-president-trump-video/
“Experts agreed that the president, as commander-in-chief, is ultimately responsible for classification and declassification. When someone lower in the chain of command handles classification and declassification duties it's because they have been delegated to do so by the president directly, or by an appointee chosen by the president.”
https://www.globalsecurity.org/org/news/2017/170516-president-declassification.htm
“The entire process of granting, denying or revoking someone’s security clearance is derived from the president’s Article II authority as commander in chief. The president is the ultimate classifier of information and, at least in theory, the ultimate decider on who is granted access to classified information.”
https://www.lawfareblog.com/can-president-revoke-former-officials-security-clearances
Mark Levin sounds off on President Biden's and Attorney General Merrick Garland's Department of Justice for 'destroying America' on 'Life, Liberty & Levin.'
https://youtu.be/tV9aqElW7fo
“Accuse the other side of that which you are guilty.”
This quote has bopped around for quite some time. It is at times attributed to Communists Vladimir Lenin and Karl Marx, National Socialist Joseph Goebbels and sometimes even modern Leftist godfather Saul Alinsky.
Regardless of its origin – Leftists are so very excellent at it. In their high school AV Clubs – Leftists ran the projectors.
https://youtu.be/ykBjAHiGQOU
“After a full media cycle of apoplexy and pearl-clutching, which included Andrew Weissmann appearing on MSNBC to declare “It’s the end of Trump,” CBS is now reporting there is no Defense Department memo about attacking Iran – the foundation of the media claims surrounding the leaked audio tapes from Special Counsel Jack Smith.”
https://theconservativetreehouse.com/blog/2023/06/27/cbs-report-mysterious-dod-iran-attack-memo-does-not-exist-and-is-not-part-of-jack-smith-case-against-trump/
“We know Obama kept classified documents when he left the White House because the NSC wouldn’t fulfill a request to turn over Susan Rice’s unmasking documents that were moved to Obama’s library.”
“The fact that they could not be easily obtained indicates they were classified.”
“We also know that Obama refused to keep hard copies in his library – everything was to be digitized. Also, no archivists were there to oversee the digitization of Obama’s documents while he was President. So there is no way to tell whether Obama didn’t have classified documents in the materials he took with him after his corrupt presidency.”
“We also know that at that time The New York Times reported that the National Archives is not overseeing Obama’s library. The Times published the following:
“And the entire complex, including the museum chronicling Mr. Obama’s presidency, will be run by the foundation, a private nonprofit entity, rather than by the National Archives and Records Administration, the federal agency that administers the libraries and museums for all presidents going back to Herbert Hoover.”
https://www.thegatewaypundit.com/2022/08/exclusive-national-archives-media-caught-lie-claim-obama-didnt-keep-classified-docs-evidence-shows-obama-absolutely-no-way-prove-didnt/
“Almost all the media coverage of this controversy has ignored or downplayed the dismal failure of the Presidential Records Act to reveal presidents’ records. A Washington Post analysis of the dispute on the 30 million pages conceded, “As with many issues of government transparency and document-sharing, it’s true that this is not great! You often have to wait years for requested documents, and this appears to be no exception.”
“But journalists should be outraged by this perpetual stonewalling. Barack and Michelle Obama collected a $65 million advance for their memoirs, but Americans are still effectively prohibited from seeing his official records.”
https://nypost.com/2022/08/14/theres-no-sainthood-for-obama-national-archives-in-trump-fbi-raid-uproar/
“…the media hid information about the frequent unmasking of Donald Trump allies, including Gen. Flynn, by Susan Rice. By the end of the year, all her records were hidden and unreachable in the Obama Presidential Library.”
“Documents from the Obama administration have been transferred to the Obama Presidential Library. You may send your request to the Obama Library. However, you should be aware that under the Presidential Records Act, Presidential records remain closed to the public for five years after an administration has left office.’
https://www.independentsentinel.com/barack-obama-hid-susan-rices-unmasking-records/
Sec. 1.7. Classification Prohibitions and Limitations.
(a) In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
https://obamawhitehouse.archives.gov/the-press-office/executive-order-classified-national-security-information
“The classified materials included some top-secret files with the ‘sensitive compartmented information’ designation, also known as SCI, which is used for highly sensitive information obtained from intelligence sources.”
https://youtu.be/MNr8978O7co
https://legalinsurrection.com/2023/01/revealed-then-vp-biden-removed-top-secret-sensitive-compartmented-classified-documents-kept-in-his-private-u-penn-office/
“Information that has been determined to be SCI may only be stored and used in a Sensitive Compartmented Information Facility (SCIF). SCIFs have specific construction requirements, and their subsequent accreditation is separate from those for Controlled Areas and is coordinated by the Department’s Special Security Officer (SSO).”
https://www.commerce.gov/osy/programs/information-security/sensitive-compartmented-information-sci-program
“We’ve got him and they know it…”
https://youtu.be/EtxQExP7XiM
“President Biden stole President Obama's classified presidential records and put them in his personal files in an abandoned office, his home office, and a garage with none of these precautions whatsoever. That violates the Espionage Act and other federal statutes dealing with theft of government property.”
https://www.newsweek.com/bidens-theft-classified-docs-serious-doj-isnt-taking-it-seriously-opinion-1774837
“A Hunter Biden email about Ukraine from 2014 looks ‘suspiciously’ like it could have come from classified information, a leading GOP senator has claimed.”
https://youtu.be/rw5syX39gTw
https://nypost.com/2023/01/25/suspicious-hunter-biden-email-may-be-based-on-classified-info-gop-senator/
“China, Cash and Classified Documents: FISC/FISA, the Usual Suspects and the Problematic Penn Biden Center”
“…That context overlays the exact timeline for the fraudulent “Russian collusion” narrative and its resulting Mueller Special Counsel operation…”
https://rumble.com/embed/v2islza/?pub=1w5hhu
https://politicalmoonshine.com/2023/01/10/china-cash-and-classified-documents-fisc-fisa-the-usual-suspects-and-the-problematic-penn-biden-center/
“Attorneys for President Joe Biden found between 25 and 30 classified documents from November 2022 to January 2023 in his old office at the Penn Biden Center. The university has since drawn scrutiny from Congress for pocketing tens of millions of dollars in anonymous Chinese donations.”
https://youtu.be/8uR1M5DcatM
https://www.washingtonexaminer.com/news/white-house/biden-classified-documents-u-penn-china-hunter-laptop
“Joe Biden STOLE SCIF-designated classified documents and improperly stored them at the Penn Biden Center.”
“Biden also stored classified documents in his garage next to his Corvette where his son Hunter had access to the sensitive materials.
Nine boxes of documents were taken from Joe Biden’s lawyer’s Boston office and we have no idea what is in those boxes because the National Archives is covering up for Biden.”
https://www.thegatewaypundit.com/2023/10/revealed-five-white-house-employees-involved-bidens-stolen/
“A government watchdog is demanding the US attorney probing Hunter Biden in Delaware investigate tens of millions in anonymous donations from China to the University of Pennsylvania, where an academic center is named for his father, President Biden. The Ivy League college raked in a total of $54.6 million from 2014 through June 2019 in donations from China..”
https://youtu.be/MNr8978O7co
https://nypost.com/2022/04/09/54m-in-chinese-gifts-donated-to-upenn-home-of-biden-center/
“….$6.7 million in anonymous donations from China, including direct funding from the Chinese government…”
“.. following reporting that anonymous China-linked funds flowing to the University of Pennsylvania almost tripled after the inauguration of the Penn-Biden Center, which illegally housed classified documents.”
https://www.breitbart.com/politics/2023/02/14/exclusive-secret-china-donations-to-university-of-delaware-soared-after-the-opening-of-the-biden-institute/
“We know other U.S. attorneys were looking into the Biden corruption and by all accounts, Lesley Wolf called that off. We know that the National Archives was looking into the Bidens’ mishandling of classified documents, and they were told by someone in the Department of Justice to stand down, to not cooperate with the House Oversight Committee [and myself], and we believe that person was Lesley Wolf.”
https://www.newsmax.com/newsmax-tv/james-comer-joe-biden-lesley-wolf/2023/11/21/id/1143184/is
“Only appropriately cleared personnel may receive, transmit, and maintain current access and accountability records for classified material.”
https://www.law.cornell.edu/cfr/text/46/503.59
“…by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.”
https://www.law.cornell.edu/uscode/text/18/1924
18 US CODE Chapter 37 Section 793
(e) “Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense.”
“Shall be fined under this title or imprisoned not more than ten years, or both.”
https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter37&edition=prelim
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