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Trump did not violate the law because
he could not violate the law

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Posted By: DVC, 6/12/2023 5:07:23 PM

Those conservatives rightly outraged at the Trump indictment keep comparing his treatment to that given to Hillary, Biden, and Pence, each of whom admitted to violating national security laws. That’s the wrong argument because Trump is not similarly situated to those lawbreakers. Instead, because he was president when he took possession of the documents, Trump cannot be guilty of the crimes with which he’s charged. 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

Comments:

I think this is exactly correct. Anything that the President chooses to share with anyone, is then and there "unclassified" without any need for any sort of formal process.

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Reply 1 - Posted by: Proud Texan 6/12/2023 5:20:46 PM (No. 1490530)
Well written, simple explanation. Thanks for posting article.
25 people like this.

Reply 2 - Posted by: minuteman 6/12/2023 5:26:42 PM (No. 1490532)
100% correct.
15 people like this.

Reply 3 - Posted by: EQKimball 6/12/2023 5:30:25 PM (No. 1490534)
Writer Andrea Widburg spent 25 years as a permanent research clerk to a judge of the U. S. 8th Circuit Court of Appeals. She now writes appellate briefs for client law firms.
19 people like this.

Reply 4 - Posted by: DVC 6/12/2023 5:43:06 PM (No. 1490538)
Thank you for that info, #3, it always seems like Widburg has a solid and technical legal grasp of this sort of a topic. Glad know that this is because she really KNOWS.
14 people like this.

Reply 5 - Posted by: leonardo 6/12/2023 6:02:40 PM (No. 1490549)
“ It starts with the Constitution “ In case you have FAILED to notice, the Sniffer’s regime has very little USE for the US Constitution. Remember COVID Mandates, inviting illegals across the border, CENSORSHIP, 2nd Amendment opposition? If they could abolish the Constitution, (They’re TRYING) they WOULD. Hatred (of YOU and Trump) can motivate a lot of opposition by the Communists. Their “Just-Us” system will continue until patriots stop it. Stand tall.
14 people like this.

Reply 6 - Posted by: Omen55 6/12/2023 6:07:28 PM (No. 1490554)
By the luck of the draw Trump has gotten a real judge,as oppose to one of dem,so if she can handle the pressure to recluse this can be adjudicated fairly & quickly.
6 people like this.

Reply 7 - Posted by: bpl40 6/12/2023 6:12:59 PM (No. 1490557)
The question here is will this die at the Circuit Court level or be thrown out at the SCOTUS. I predict 6/3. Because once he sees a majority, CJ John Weasel Roberts will leave the three witches and join them.
0 people like this.

Reply 8 - Posted by: Birddog 6/12/2023 6:17:22 PM (No. 1490561)
as much as that makes total legal, moral, historical and constitutional sense... Trump was already impeached because an admin branch underling insisted HIS personal foreign policy prerogatives superseded his Boss's, and was encouraged to leak "Top Secret" private head of state/head of state communications to/though/via partisan members of congress to attempt the overthrow of the sitting administration. NARA is also a low level, subordinate branch, that presumes it can unilaterlly overrule the CIC/President/supreme arbiter of all things "Administration"
1 person likes this.

Reply 9 - Posted by: Starboard_side 6/12/2023 6:17:42 PM (No. 1490562)
Very good analysis, and advice for Trump's lawyers, if they choose to take it. Believe Mark Levin had a letter regarding the National Archives who was looking to investigate this matter, where it indicated they wanted DOJ authorization to open the boxes they had already received from Mar A Lago, and the DOJ referred them to the WH who would have to direct the DOJ to give such authorization which Biden's DOJ approved. This indicates Trump was cooperating, only to have the National Archives to stop coordinating with Trump which later resulted in the Mar A Lago raid. Likely to create the drama, but seems to have violated the right's by not allowing Trump's lawyers to be present. Also, remember the indictment only states documents with "classified marking". They do not state "classified documents".
8 people like this.

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