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There are so many policies and procedures in place for document handling and retention, that you just don't ship boxes off "inadvertently". It is either with intent, or gross negligence. His post literally made me laugh out loud.
They have been trying to get the records back since around Feb of this year I think.
We'll see what's going on, everyone has been pretty tight-lipped. The DOJ will not comment on an active investigation (nor should they), and Trump and HIS attorneys are not releasing the content of the warrant, which they certainly could, but for whatever reason do not want to.
If it was a mistake, all he had to do was say "I made a mistake" and return the boxes.
Way too simple a solution, I guess. Unless, of course, it wasn't a mistake...
Although the search was initially to obtain the documents Trump stole and refused to give back, if any other evidence of any other crime is found, they will use it against him.
Well, therein lies the problem. IF the warrant was granted to search for and seize items supposedly subject to the PRA, anything the FBI finds related to anything else will be inadmissible in any court of law. Why? The PRA has no enforcement mechanism therefore neither the FBI nor any other federal law enforcement agency has any authority to search for and seize any such records from a POTUS. The FBI never should have even been able to get a search warrant for PRA materials in the first place as they have no legal standing to enforce the PRA. The federal judge who signed off on any such warrant should have known better, but it seems he's incompetent.
Trump and the Toothless Presidential Records Act - Yale Law School
Quote:
McCabe former head of the FBI was on CNN the other day and said any evidence of any crime they find at Mar-a-Lago (or where any Search warrant is issued) is admissible in a court of law, even if it is evidence of a different crime that was committed.
McCabe is wrong if the warrant was based on searching for and seizing PRA materials. Such a warrant will be deemed invalid and anything that comes from it will be "fruit of the poisonous tree" (look it up) and inadmissible. The FBI really screwed up on this if this is what went down.
Oh, I think they do. If they do arrest and charge him, it will be cause they have a mountain of evidence. Maybe they do, maybe they don't. Only time will tell. But I won't hold my breath.
You can bet your bank that they would have never done this unless they had a mountain of evidence.
They are not stupid.
In all fairness, they (they as a non-specific broad definition) can be.
Do you know how many good cases are kicked out on a technicality?
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I find it particularly ironic that Trump made mishandling classified documents a felony. That could be a ball in play if they retrieved any docs that were classified.
POTUS has the unilateral authority to declassify anything he wishes up until he leaves office. He doesn't even have to follow any procedure to do so. If anything suspected of being classified is found, it's likely Trump will say he declassified all of it, that will stand, and there's nothing anyone can do about it.
Kash Patel commented on that the other day. He said that Trump declassified a lot of material before leaving office because he thought the American public has the right to read it themselves.
In all fairness, they (they as a non-specific broad definition) can be.
Do you know how many good cases are kicked out on a technicality?
Yeah I gotta agree with you there.
No one really knows what they were doing there. I really hope they didn’t screw it up.
People here say Hillary didn’t suffer any FBI intrusion during the email debacle. I beg to differ. Their incompetence was instrumental in her loss, IMHO.
So we shall see. I’m pretty sure Donnie did something he shouldn’t have, because he had a history of ripping up papers, flushing docs down the toilet, that kind of thing. Well knowing he shouldn’t.
But they better have something worth going after. Time will tell.
You can bet your bank that they would have never done this unless they had a mountain of evidence.
They are not stupid.
Evidence of what? Having records that NARA wants? Like I said, there is no enforcement mechanism in the PRA. The FBI has no legal authority to search for and seize such items from a POTUS. Even before Trump, the courts have sided with POTUS/VPOTUS on this. Read the Yale Law article at the link I posted.
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