Thanks to past Court case rulings on National Archives documents and materials, it appears President Trump has every right to decide, just as he has stated all along, what is classified and what is to be declassified!
According to the Bill Clinton “Sock Drawer” case, where audio tapes were found filed between socks, it’s all personal property. Case 1:10-cv-01834-ABJ Document 13 Filed 03/01/12, JUDICIAL WATCH, INC., Plaintiff, v NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, Defendent.
This is fantastic. Records removed by President Trump are left to the sole discretion of the President. President Trump set a trap that will ultimately cost Bill Clinton. Thank you to the corrupt democrat FBI pic.twitter.com/tjhnqWxWsM
— • ᗰISᕼKᗩ™ • (@kingojungle) August 18, 2022
So it appears that once the President uses executive privilige to declassify a document, or any material such as audio tapes, the Court has Ruled that, once declassified, it becomes the personal property of the President. So any documents President Trump had in his possession or in Melania’s wardrobe, is his own personal property, as well as anywhere on his person or property.
It appears the FBI is in some serious doo doo right now. They should know these protocols. That is their job and the protocols for present and former presidents are available on-line so the FBI should have looked at all of that first and it is obvious they either didn’t, or did and chose to ignore it all. After all, fake news is above the law and they must have been relying on the wrap-up smear to have some magical effect.
It was Judicial Watch who went to court to demand the tapes be given to the National Archives and Records Administration, so the American people could hear them. In his case titled Judicial Watch v. National Archives and Records Administration, it involved an effort by the conservative watchdog to compel the Archives to forcibly seize hours of audio recordings that Clinton made during his presidency with historian Taylor Branch.
It was U.S. District Judge Amy Berman Jackson in Washington D.C. who presided the case and rejected Judicial Watch’s suit by concluding there was no provision in the Presidential Records Act to force the National Archives to seize records from a former president.
Hello? Let’s say that again…”There is no provision in the Presidential Records Act to force the National Archives to seize records from a former president!”
Jackson’s ruling — and the court case itself, gave credence to many breeches the FBI made in their decision to raid Mar-a-Lago and seize anything they wanted, even passports and hand written notes. This was a huge violation of civil rights and a huge violation of personal property of a former president, let alone it was not done with protocols with secret service agents who are there to guard and protect the President.
There are specific protocols for FBI to follow that deal directly with Secret Service who are provided for life to protect the former president. The biggest screw up of the FBI was ignoring the fact that it is at the president’s discretion as to what are personal vs. official records and that decision is to be upheld and it is solely his.
Besides Judge Jackson’s decision she referred to the rules and protocols of a President’s Executive Privileges, as they are stated in the government protocols and archives.
In Judge Jackson’s decision from the 2012 Clinton Case, she stated, “Since the President is completely entrusted with the management and even the disposal of Presidential records during his time in office, it would be difficult for this Court to conclude that Congress intended that he would have less authority to do what he pleases with what he considers to be his personal records,” she added.
So there you have it… Trump’s personal records are what they were looking for and now that they have them… the FBI is not looking so good, and neither is Garland, the snake who ordered it to be done, nor is Biden looking any better and who knows whose bright idea this was beyond pudding head Joey? Whoever is making the Joe clone walk, drool, and mumble…that one very much miscalculated.
The judge noted a president could destroy any record he wanted during his tenure and his only responsibility was to inform the Archives.
You can read the full ruling here: File: memorandum opinion.pdf
That defendant was the same Justice Department that authorized the raid on Trump’s estate. You can read their arguments a decade earlier from the hearing transcript here: Hearing Transcript.pdf
JUST THE NEWS SAID that Kevin Brock, former assistant FBI director for intelligence, that the bureau’s search warrant was overly broad and went beyond what the FBI manual for agents recommended. “Specificity is important in order to protect fourth amendment rights from exuberant government overreach designed to find whatever they can.” He also said he did not believe DOJ and FBI had authority to criminalize the retention of presidential records.
Brock said, “The warrant “apparently makes a novel legal assertion that any presidential record kept by a former president is against the law. You have to wonder what the other living former presidents think about that. They have the right and, apparently, clear desire to remain silent.”
Tom Fitton, president of Judicial Watch who lost the Clinton sock drawer case, said he believes Jackson’s ruling could have a profound impact on the coming legal battles over the Trump search. Fitton stated, “The government, the lawyer for the Archives, said, ‘You know what? If documents are in the former President’s hands, where they’re presumptively personal, we just, you know, we presume they’re personal.’”
Fitton also added, “The Justice Department previously had told us in response to a question about Bill Clinton: ‘Tough luck. It’s his.’ But they changed their mind for Donald Trump? The law and court decision suggests that Trump is right. And frankly, based on this analysis, Trump should get every single document they took from him back. It’s all personal records.”
So, YES, the president can declassify documents, and there isn’t a set protocol they have to follow…
The U.S. classification system has three levels: top secret, secret and confidential.
“That is based on the level of damage that its release would cause to the national security of the United States,” Kel McClanahan, executive director of the National Security Counselors, said. “When you classify a document, that means that only people with a security clearance equal to the classification or higher can read it.”
The president “doesn’t have to give any reason for declassifying” information. He can just say, ‘I decide that this should be declassified,’ and it’s declassified.
**By Diane Marshall
I don’t think the case is on point. The court dismissed Judicial Watch’s action because there was no remedy. NADA did not have the tapes in its possession, they could not be turned over under a Freedom of Information Act request. And NADA said it would not retrieve the tapes because they were Bill Clinton’s personal property. An important fact here is that Clinton paid for the tapes, which included video tapes by a third party, not a government official.
In this case there is a remedy. The documents were identified in the FBI affidavit and subsequent warrant. They were seized as part of the search and are in the possession of the FBI. NADA alleges that they are presidential records and belong to the People of the United States. An important fact here is that these documents were paid for by the American taxpayers. They are the work product of paid government employees. They are not the personal property of Donald Trump.
Good Article… It’s important when a wildly crazy situation like the Trump FBI Raid happens something else likely was the reason. Most Citizens learn details from sources they believe offer truth. But that’s not the case as truth has become a game played by a powerful Criminal Element. But real TRUTH is available if we look around and this is where disinformation is. It’s purposely put there to confuse you. However, Criminal Behavior works to be as covert as possible and usually shows their hand in some fashion later. Hence, waiting to form opinions is wise plus by then real TRUTH will have started to surface.
Additionally, read the Act’s Behavior as how it really looks. It has all the makings of huge Desperation written all over it. FACTS speak for the TRUTH, identify them and remember they aren’t lies. Something appears to have been going on in the background to cause such a serious Desperate need to Raid President Trump. It’s a clear sign something else is at play!
What gets lost in our hectic days are efforts by Truth Seekers. They know certain issues have been proven to exist and are pursuing an end to their existence. This is where many of us are told “there’s a lot going on in the Background!” Eventually the Criminal Element sees mounting pressure aimed at removing their Money Games and they simply go out of their minds! This is where we are told “Grab the Popcorn and enjoy the Movie!”
Personally, I know of a few issues. One big one is surfacing a huge Industrial Sized Adrenochrome/Butchering Operation right here in the US! It’s interesting that access into this OP is felt to be on Federal Property. The OP is in large rooms connected to Deep Tunnels. Everyone has been hearing about these Deep Tunnels for a long time. The OP output is estimated at 250/day. This was calculated from our Military rescuing 6,500 Caged small ones and finding another 1,000 deceased. Could this be a monthly processing total of 7,500?
Have to add that Worker Teams have had to support the OP 24/7 both underground and on Earths Surface with us. Who were they? What do they do? What requirements do they have to be involved? How were they Paid and how often? What did they do with the deceased? Are there any traces to be found of them? These few last questions are additIonal OPs for another time.
But HOW DID THE SMALL ONES END UP THERE? It’s likely the Military has interviewed them. Certainly, this information would provide a more comprehensive picture of how Small Ones end up in these OPs. One shocking cultivating area involves Childcare areas. Judges are given Credits in place of Cash to throw Cases in County Courts. Credits are used to buy into Criminal Projects, such as Property used for more OPs. Understand there are many others involved besides the Judges. It was discovered that the Court Support Personnel know how the Judge Rules so all get their share. This is the job of Truth Seeking Investigators.
So one really big one is being surfaced plus a few others were discovered also. However, the estimated OP production output total doesn’t match the FBI reported annual Missing Children amount. This means there has to be others! It’s estimated there may be another 10 more. Where are they located? However, like the desperate act of Trumps Raid, someone downgraded the FBI report down to 40,000 annual Missing Children. It was previously reported as 800,000! Why was this done? Could it be another desperate Cover Up? Who changed the total? Is the new total supposed to represent only the OPs found?
Some know where the other OPs are. Realize the Criminal Element behind this will assassinate potential threats. What’s at play is to learn where they are. This adds a lot more pressure in the Background against the Criminal Element. Most certainly they would be expected to Freak Out. And if they were seated in Power, what do you think they would do?
Maybe at this point it’s best to grab our Popcorn and enjoy the Movie…!
This article would be far more credible if the writer stuck to respecting everyone involved even if she does not like the person. Once she starts denigrating even one of the actors, she lost my interest. The article is trash. There is no objectivity hence anything she writes is suspect.
I think Diane M. only is writing for the awaken humans.
Me personally I dont respect Hitler, if he was what we learned he was. I dont respect evil, and I dont respect evil doers, and cheaters etc.
I think you would hate to be forced to respect those you do not respect, and she should have that priviledge too.
Also it sounds like you do not give her respect, what is up with that? You even judge her, like alot.