I think Trump is a criminal, amoral and a Trojan Horse for the Globalists. My reasons for hating him are not the same as those on the left who hate him for other reasons, some of which are incorrect
Back to the thread
“The Presidential Records Act sets up a system where the president designates all records that he creates either as Presidential or Personal Records. 44 U.S.C. § 2203(b)”
The President does create Classified Records received from other agencies. He is given these records to read and make proper decisions while performing his duties as President
“Basically, their argument distills down to the idea that the President’s authority to retain Personal Records, as well as his rights to access his Presidential Records, make it impossible to prosecute him under the Espionage Act section at issue here, § 793(e), because the government cannot prove “unauthorized possession,” as required under the statute. “
I disagree that the government being unable to prove unauthorized possession is a given. He ignored that Trump information in Classified Documents that seems Defense related and that he knew to be secret. He was told in no uncertain terms he was not authorized to hold those records and obstructed efforts to return them, rather than returning them and taking his case to get the records back in a court of law.
“Not everything classified constitutes NDI. “
The DOJ seems to think they are, and they have read them unlike us
“Trump’s lawyers, Evan Corcoran, who was compelled to testify in front of the grand jury. According to news reports, the argument for breaching the privilege was the crime fraud exception
First, there needs to be a prima facie showing that the client was engaged in criminal conduct.
Second, the client has to have obtained or sought the attorney’s assistance in furthering that crime.
I haven’t seen DOJ’s filings on Corcoran, but I’d be interested to know how they argued this. First of all, what was the crime they used as a predicate? Was it unlawful retention of the documents? If so, there’s nothing in the indictment that I can see indicating that Corcoran’s communications with Trump would have furthered that in a way that would justify breaching privilege.
Was it obstruction? I think this is the most likely option: they pierced attorney client privilege using obstruction as the predicate crime for the crime fraud exception, saying that Trump’s conversations with Corcoran amounted to him attempting to enlist Corcoran in a criminal obstruction scheme”
[Well, Corcoran as a lawyer knows the law and obviously believes his client was engaged in a crime, and felt the exception applies]
It may well be that Trump gets off on the Espionage Case . I mentioned this in my post. He is likely going down on the Process charges (obstruction, lying) unless his lawyers and personal assistant take the fall for him.
Regardless of his being convicted or not, its really hard to understand anyone condoning his behavior. Trump really is a Sorcerer in this regard
You do not understand the statutes at all.
I am a retired lawyer.
I found an excellent analysis of the laws in question from a very qualified lawyer here - I would read the thread: https://twitter.com/willscharf/status/1669333172901883904
I don't mean to be mean, but I am concerned you are showing something often referred to as TDS.
You have some fine writing, but this post isn't well grounded.
Interesting thread, thanks
I think Trump is a criminal, amoral and a Trojan Horse for the Globalists. My reasons for hating him are not the same as those on the left who hate him for other reasons, some of which are incorrect
Back to the thread
“The Presidential Records Act sets up a system where the president designates all records that he creates either as Presidential or Personal Records. 44 U.S.C. § 2203(b)”
The President does create Classified Records received from other agencies. He is given these records to read and make proper decisions while performing his duties as President
“Basically, their argument distills down to the idea that the President’s authority to retain Personal Records, as well as his rights to access his Presidential Records, make it impossible to prosecute him under the Espionage Act section at issue here, § 793(e), because the government cannot prove “unauthorized possession,” as required under the statute. “
I disagree that the government being unable to prove unauthorized possession is a given. He ignored that Trump information in Classified Documents that seems Defense related and that he knew to be secret. He was told in no uncertain terms he was not authorized to hold those records and obstructed efforts to return them, rather than returning them and taking his case to get the records back in a court of law.
“Not everything classified constitutes NDI. “
The DOJ seems to think they are, and they have read them unlike us
“Trump’s lawyers, Evan Corcoran, who was compelled to testify in front of the grand jury. According to news reports, the argument for breaching the privilege was the crime fraud exception
First, there needs to be a prima facie showing that the client was engaged in criminal conduct.
Second, the client has to have obtained or sought the attorney’s assistance in furthering that crime.
I haven’t seen DOJ’s filings on Corcoran, but I’d be interested to know how they argued this. First of all, what was the crime they used as a predicate? Was it unlawful retention of the documents? If so, there’s nothing in the indictment that I can see indicating that Corcoran’s communications with Trump would have furthered that in a way that would justify breaching privilege.
Was it obstruction? I think this is the most likely option: they pierced attorney client privilege using obstruction as the predicate crime for the crime fraud exception, saying that Trump’s conversations with Corcoran amounted to him attempting to enlist Corcoran in a criminal obstruction scheme”
[Well, Corcoran as a lawyer knows the law and obviously believes his client was engaged in a crime, and felt the exception applies]
It may well be that Trump gets off on the Espionage Case . I mentioned this in my post. He is likely going down on the Process charges (obstruction, lying) unless his lawyers and personal assistant take the fall for him.
Regardless of his being convicted or not, its really hard to understand anyone condoning his behavior. Trump really is a Sorcerer in this regard