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It is pretty obvious that this judge was in the pocket of Trump beforehand. He has steered the case to her jurisdiction knowing she would cooperate with his scheme.
Judge Cannon had nothing whatsoever to do with this case prior. Her intervention is improper.
Reports are that this is not the first case Trump has steered to her, or tried to.
A JUDGE stated that in a ruling.
Trump tried to get cannon to adjudicate his recently dismissed case against the Clintons. When he did not get her he tried to have the assigned judge removed. In his ruling denying this the judge wrote this in April 2022.
“3 I note that Plaintiff filed this lawsuit in the Fort Pierce division of this District, where only one
federal judge sits: Judge Aileen Cannon, who Plaintiff appointed in 2020. Despite the odds, this
case landed with me instead. And when Plaintiff is a litigant before a judge that he himself
appointed, he does not tend to advance these same sorts of bias concerns. See, e.g., Donald J.
Trump v. Wisc. Elections Comm', No. 20-cv-1785 (ED. Wis. 2020) (Judge Brett Ludwig);
Donald J. Trump for President, Inc., et al., v. Sec. of Commonwealth of Pa., No. 20-cv-3371 (3d
Cir. 2020) (Judge Stephanos Bibas); Comm. on Ways and Means, U.S. House of Representatives
v. U.S. Dep't of the Treasury, No. 19-cv-01974 (D.D.C. 2019) (Judge Trevor McFadden).”
I thought Judge Cannon was just inexperienced and incompetent but this infers her moronic rulings are because she is corrupt.
I have to admit at this time of night my eyes are crossing, but this section says that it's the president and not NARA who designates which are presidential records and which are personal records, and that the archivist basically has no say in the matter of what the president designates as personal records. This is likely why the court sided with Clinton, he was president and 'he' had decided those tapes were 'personal records'.
pages 19-20
In order to accept plaintiff’s theory that section 2203(f)(1) of the PRA creates a mandatory duty for the Archivist to assume custody and control of what he or she considers to be Presidential records regardless of how the President designated the documents, the Court would be required to ignore the rest of the PRA’s statutory scheme. This it cannot do. See Chemehuevi Tribe of Indians v. Fed. Power Comm’n, 420 U.S. 395, 403 (1975) (stating that a statutory provision must be “read together with the rest of the Act”).
Section 2203(a) of the PRA directs the President, not the Archivist, to take:all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory or other official or ceremonial duties are adequately documented, and that such records are maintained as Presidential records pursuant to the requirements of this section . . . .
44 U.S.C. § 2203(a). The only reference in the entire statute to the designation of records as personal versus Presidential also calls for the decision to be made by the executive, and to be made during, and not after, the presidency. It provides: “materials produced or received by the President, [and other Executive Office employees], shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.”Id.§ 2203(b). The PRA contains no provision obligating or even permitting the Archivist to assume control over records that the President “categorized” and “filed separately” as personal records. At the conclusion of the President’s term, the Archivist only “assume[s] responsibility for . . . the Presidential records.”Id.§ 2203(f)(1).8
The legal opinion states, in a nutshell, that Tom Fitton & Judicial Watch (& everyone else) are not above the law. In this case the law is the Presidential Records Act (PRA).
Presidential Records Act (PRA) of 1978
The Presidential Records Act (PRA) of 1978, 44 U.S.C. ß2201-2209, governs the official records of Presidents and Vice Presidents that were created or received after January 20, 1981 (i.e., beginning with the Reagan Administration). The PRA changed the legal ownership of the official records of the President from private to public, and established a new statutory structure under which Presidents, and subsequently NARA, must manage the records of their Administrations. The PRA was amended in 2014, which established several new provisions.
§ 2203. Management and custody of Presidential records
(3) The term "personal records" means all documentary materials, or any reasonably segregable portion thereof, 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.
Just a note: this is very, very quick action by the 11th Circuit. One attorney who practices Federal appeals claimed that, usually, such quick turnarounds are good for the filing party, here, the DOJ.
Indeed, I imagine that the 11th Circuit was looking on in wonder at the rulings of Judge Cannon, and wondering why the DOJ was fooling around and not immediately appealing the initial decision; if for nothing else, saying that Judge Cannon did not have jurisdiction of the case. Forum shopping is very much frowned upon in the Federal court system.
There is no aspect of government or society that Trump won't try to destroy if it stands in his way of acquiring absolute power.
To those paying attention to these types of threads, this must be our clear takeaway. The survival of our democracy demands this.
Old sticky fingers tries to ruin anything or anyone..... countries, gullible people, decency, law and order, our government's institutions, businesses, history, facts, and so on.
Have you noticed the word ‘destroy’ is very similar in meaning to the word ‘deconstruct’?
The Trump administration never dropped their goal of Deconstruction of the Administrative State.
Outlandish conspiracy theories from denying science, to ‘deep state’ conspiracies, to the belief that Jewish space lasers caused the wildfires in California, etc. etc., are all part of the ‘method to their madness’ which are common to all authoritarian movements.
These strategies are designed to deconstruct or destroy normality & render commonality absurd & impossible to sustain.
It is like in order to ‘make America great again’, they first have to destroy it.
Have you noticed the word ‘destroy’ is very similar in meaning to the word ‘deconstruct’?
The Trump administration never dropped their goal of Deconstruction of the Administrative State.
Outlandish conspiracy theories from denying science, to ‘deep state’ conspiracies, to the belief that Jewish space lasers caused the wildfires in California, etc. etc., are all part of the ‘method to their madness’ which are common to all authoritarian movements.
These strategies are designed to deconstruct or destroy normality & render commonality absurd & impossible to sustain.
It is like in order to ‘make America great again’, they first have to destroy it.
I think most people of average intelligence, that have only a superficial understanding of modern history, understand that strategy of Trump and others on the far Right. You have described it very well. The Mar-a-lago denials fit right in, totally predictable.
I've said this before, but anyone that remains a Trump supporter at this point is either 1) a fool or 2) a liar.
A fool, if they really, truly believe in the fantasy world of the "deep state" and the Big Lie, and accept every word that flows from the mouth of Donald Trump as gospel truth.
The rest are liars. Reality is, if you are bright enough to post messages on a forum like this one, you are smart enough to know that Trump's road to authoritarian Power is paved with lies. By spreading those lies, they are simply doing their duty as good foot soldiers.
Never underestimate the power of propaganda and disinformation, it has brought down many great nations in the past. It is just a pleasant daydream to imagine that the US is somehow immune.
Have you noticed the word ‘destroy’ is very similar in meaning to the word ‘deconstruct’?
The Trump administration never dropped their goal of Deconstruction of the Administrative State.
Outlandish conspiracy theories from denying science, to ‘deep state’ conspiracies, to the belief that Jewish space lasers caused the wildfires in California, etc. etc., are all part of the ‘method to their madness’ which are common to all authoritarian movements.
These strategies are designed to deconstruct or destroy normality & render commonality absurd & impossible to sustain.
It is like in order to ‘make America great again’, they first have to destroy it.
Deconstruction of the Administrative State has been one of Steve Bannon's goals for years. The destruction we have seen so far including the insurrection on 1/6 is fruit born of the coupling of Bannon and Trump.
I think most people of average intelligence, that have only a superficial understanding of modern history, understand that strategy of Trump and others on the far Right. You have described it very well. The Mar-a-lago denials fit right in, totally predictable.
I've said this before, but anyone that remains a Trump supporter at this point is either 1) a fool or 2) a liar.
A fool, if they really, truly believe in the fantasy world of the "deep state" and the Big Lie, and accept every word that flows from the mouth of Donald Trump as gospel truth.
The rest are liars. Reality is, if you are bright enough to post messages on a forum like this one, you are smart enough to know that Trump's road to authoritarian Power is paved with lies. By spreading those lies, they are simply doing their duty as good foot soldiers.
Never underestimate the power of propaganda and disinformation, it has brought down many great nations in the past. It is just a pleasant daydream to imagine that the US is somehow immune.
It is likely not a good idea to underestimate the power of denial & …
Quote:
You cannot awaken a person who is pretending to be asleep. – Navajo Proverb
Special Master Judge Dearie has ordered DOJ & TeamTrump to file agenda items to his Court on Monday AND to appear at 2:00 pm in his Court in Brooklyn on Tuesday.
Quote:
Originally Posted by legalsea
Just a note: this is very, very quick action by the 11th Circuit. One attorney who practices Federal appeals claimed that, usually, such quick turnarounds are good for the filing party, here, the DOJ.
I’m not surprised at the Speed — we have seen this kind of fast action in this matter from the beginning.
Judge Dearie isn’t wasting any time either.
The eventual outcome of this is going to hinge on facts that We do not know, but that Trump, DOJ/FBI do.
Just as it did on the collusion delusion. Judge Dearie will start with those “100 pages” that the DOJ is attempting to hide.
I have to admit at this time of night my eyes are crossing, but this section says that it's the president and not NARA who designates which are presidential records and which are personal records, and that the archivist basically has no say in the matter of what the president designates as personal records. This is likely why the court sided with Clinton, he was president and 'he' had decided those tapes were 'personal records'.
Yes to what Berdee said. The court holds that it's not NARA's job to designate the category of records, and the NARA cannot arbitrarily redesignate a document.
The PRA determines what the category is, and the President / designee does the sorting, and that's where it gets vague. The judge said, the president chooses what he believes to be personal, and if you don't like it what are you going to do about it. Well, let the court decide, said the court. But Judicial Watch did not ask the court to declare the tapes be presidential, JW asked the court to force NARA to do that.
So it's back to this: Not NARA's job.
So how does this case relate to this thread?
The court did point out that NARA can engage the DoJ to secure Presidential records as defined by the PRA/FRA and that the courts can be engaged to make determinations.
This is the part that applies to this thread, which is about President Trump records that are clearly not personal as defined by the PRA.
I kind of think this is a reason why the top secret status of some records is important. There should be a presumption that documents assigned a secret classification are presidential records, and we go on from there.
As an aside, it is wrong to say "the court sided with Clinton". Clinton was not a party to the case. The case was between Judicial Watch and NARA.
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