Trump questions when will DOJ ‘investigate
and prosecute’ Obama, Bush, and Clintons
over docs?
BizPac Review,
by
Vivek Saxena
Original Article
Posted By: Imright,
10/9/2022 10:22:15 AM
Former President Donald Trump has called for his predecessors to be given the same treatment that he’s faced over his alleged mishandling of classified documents.
Speaking at his latest rally this Saturday evening in Nevada, the former president specifically called for former Secretary of State Hillary Clinton and former Presidents Barack Hussein Obama, George H.W. Bush, George W. Bush, and Bill Clinton to be investigated and prosecuted for their own mishandling of classified documents.
The fact that they haven’t faced the same consequences, he added, is a sign that, one, America contains “a two-tier system of justice,” and two,
Reply 1 - Posted by:
Ribicon 10/9/2022 10:25:26 AM (No. 1299671)
Sometimes you drain the swamp, and sometimes the swamp drains you. Could have, should have.
6 people like this.
Reply 2 - Posted by:
Italiano 10/9/2022 10:28:49 AM (No. 1299674)
Please, just stop it.
The only thing that can drain that swamp is measured in megatons. Forget it.
5 people like this.
Reply 3 - Posted by:
Highlander 10/9/2022 10:37:08 AM (No. 1299684)
Trump got the treatment because he was a non-political interloper, not part of “the good ‘ole boys” club. He unexpectedly won because he said all the right words to the people and didn’t give a damn about how those words came out. Once he became POTUS, he set out to do EVERYTHING he promised, which was unheard of in swampy D.C.! (Remember “Read my lips, no new taxes)?” The name Donald J Trump, is despised in Washington. That is why the media, Congress, the DOJ, and the execrable FBI are persecuting this honorable man, who is extremely popular with “The People.”
27 people like this.
Reply 4 - Posted by:
singermom9 10/9/2022 10:54:58 AM (No. 1299712)
FTA: "A former president can keep whatever presidential records he wants and the government has no authority to seize them. Period.
That was the Department of Justice’s legal opinion a decade ago. It was a conclusion shared by both the National Archives and a U.S. District Court in Washington D.C. On that basis, ex-president Bill Clinton was allowed to maintain custody of whatever he wanted, including allegedly classified audio tapes that he stored in his home.
Fast forward to August 8, 2022 when Attorney General Merrick Garland ordered a team of FBI agents to raid and forcibly seize presidential records from the home and office of former President Donald Trump. Garland did it because it was Trump, not Clinton. It was purely political and contrary to the established policy of the DOJ, the controlling law under the Presidential Records Act, and the earlier federal court decision.
The 2012 case arose when the organization Judicial Watch filed a lawsuit seeking Clinton’s documents pursuant to the Freedom of Information Act. Litigation ensued to pressure the National Archives into retrieving the materials. District Judge Amy Berman Jackson ruled that control over presidential records rests squarely in the hands of a former president:
“The National Archives does not have the authority to designate materials as ‘presidential records.’ It lacks any right, duty, or means to seize control of them.”
The judge adopted the very argument made in court by the Justice Department:
“(Seizing the records) is an ‘extraordinary request’ that is ‘unfounded, contrary to the Presidential Records Act’s express terms, and contrary to the traditional principles of administrative law’.”
So, there you have it. Garland defied both the DOJ’s own legal interpretation of the law and previous court precedent to target Trump in advance of an important national election. His flagrant abuse of power bears the unmistakable stench of partisan politics, which has infected the attorney general’s corrupt tenure from the outset.
The FBI did not raid Clinton’s home to reclaim records. Nor did the FBI raid former president Barack Obama’s unsecured warehouse where he stored classified documents for the better part of two years. Lawless raids only happen to Republicans.
The Clinton case is instructive on several levels.
First, not only does it establish the right of a former president to designate what constitutes presidential records, but it also grants him the right under law to maintain control over what he deems to be personal records accrued during his term in office. Second, the case also recognizes the sole discretion of a president to segregate and dispose of records.
Finally, Judge Jackson’s opinion reinforces the constraints on the National Archives and the Justice Department. Their ability to retrieve documents is limited to a civil action, not criminal seizure.
Thus, in the Trump dispute, the proper remedy was for Garland to file a motion to compel enforcement of the civil subpoena seeking records. Instead, he chose to ignore the Presidential Records Act and raid Trump’s home under the guise of criminal statutes that have no application. He snookered a magistrate into signing an overly broad general search warrant that is strictly prohibited by the Fourth Amendment.
Garland and the National Archives are contradicting themselves. They assert that Trump has no right to the presidential records. But when Bill Clinton did the same thing, it was perfectly okay. He can keep them. No raid, no crime, no national security concerns. Move along…nothing to see here. If Garland is foolish enough to indict Trump, I look forward to watching how he’ll twist himself into a pretzel trying to explain the government’s hypocrisy.
All along, the attorney general has claimed —without real evidence— that the former president harbored still-classified documents in his possession. Trump insists he declassified the records before he left office. Media pundits who know next to nothing about the law have mocked the former president’s statements. Naturally, they are wrong.
This invites the question…what is the process for declassifying records? For a sitting president, there is no firm protocol. He has unfettered authority and latitude to declassify anything and may do so at will. His power derives from Article II, Section 2 of the Constitution that identifies the President as Commander In Chief. Typically, presidents follow an informal process of notifying relevant departments that may be affected. But this is neither imperative nor mandatory."
https://thegreggjarrett.com/the-brief-it-was-okay-for-bill-clinton-to-keep-presidential-records-but-not-trump/
22 people like this.
Reply 5 - Posted by:
LC Chihuahua 10/9/2022 11:01:56 AM (No. 1299721)
Nope. Washington only prosecutes (persecutes) Presidents with the name of Trump.
16 people like this.
Reply 6 - Posted by:
bpl40 10/9/2022 11:02:53 AM (No. 1299723)
Just imagine. If Trump hadn't won - and it was close, the poison created by the "Evil Four" - Big Tech, Big Media, Deep State and the Democrats would forever remain hidden. Trump has exposed just how far these would go in their lawlessness to preserve their grip on power.
14 people like this.
Reply 7 - Posted by:
singermom9 10/9/2022 11:23:17 AM (No. 1299752)
Here is a great article re: Mar a Largo raid. Amazing how when Bill Clinton and Obama (who kept docs in an UNSECURED WAREHOUSE for 2 years) kept Pres documents no one raided THEIR homes FTA:
The 2012 case arose when the organization Judicial Watch filed a lawsuit seeking Clinton’s documents pursuant to the Freedom of Information Act. Litigation ensued to pressure the National Archives into retrieving the materials. District Judge Amy Berman Jackson ruled that control over presidential records rests squarely in the hands of a former president:
“The National Archives does not have the authority to designate materials as ‘presidential records.’ It lacks any right, duty, or means to seize control of them.”
The judge adopted the very argument made in court by the Justice Department:
“(Seizing the records) is an ‘extraordinary request’ that is ‘unfounded, contrary to the Presidential Records Act’s express terms, and contrary to the traditional principles of administrative law’.
The FBI did not raid Clinton’s home to reclaim records. Nor did the FBI raid former president Barack Obama’s unsecured warehouse where he stored classified documents for the better part of two years. Lawless raids only happen to Republicans.
The Clinton case is instructive on several levels.
First, not only does it establish the right of a former president to designate what constitutes presidential records, but it also grants him the right under law to maintain control over what he deems to be personal records accrued during his term in office. Second, the case also recognizes the sole discretion of a president to segregate and dispose of records.
Finally, Judge Jackson’s opinion reinforces the constraints on the National Archives and the Justice Department. Their ability to retrieve documents is limited to a civil action, not criminal seizure.
6 people like this.
Reply 8 - Posted by:
Kate318 10/9/2022 11:36:03 AM (No. 1299773)
I think this is more than harassment. President Trump has something that they want pretty badly, and so far, they haven’t gotten it. Hang tight, Mr. President. Make ‘em sweat.
16 people like this.
Reply 9 - Posted by:
Citoyen 10/9/2022 12:06:22 PM (No. 1299807)
While President Trump is justified in calling out the double standard under which justice is dispensed, I wish he would cool his complaints until after the mid-terms. Please, Mr. President, use your pulpit to make the red wave a reality. Don’t take the bait the Democrats are hoping you take. This election is not about you.
3 people like this.
Reply 10 - Posted by:
TXknitter 10/9/2022 12:41:22 PM (No. 1299831)
Oh #8, I totally agree with you. President Trump has that “something” somewhere safe and it is driving the Deep State bonkers. God bless our rightfully elected POTUS. This is not over — not by a long shot.
8 people like this.
Reply 11 - Posted by:
wilarrbie 10/9/2022 12:52:34 PM (No. 1299840)
Thanks #4/7. Valuable info share.
4 people like this.
Reply 12 - Posted by:
Birddog 10/9/2022 2:42:40 PM (No. 1299920)
NARA counters with..."those thousands of newspaper clippings(readily available from other sources), magazines and magazine covers(some going back to pre-presidency, and widely available from other sources), copies of menus, personal photographs(also available from other sources that THEY already have copies of), items of clothing, hats, ties, and hundreds of Books(available copies from Barns/Nobel, Amazon, even the local library) ALL BELONG TO US! He has no right to ANY personal objects, none...ZERO!"
Keep in mind NOTHING they have demanded is the "Only" copy or version...they are only the copies HE had while president, still needed for defense against the myriad of lawsuits, congressional investigation, media accusations and evidence in his own lawsuits against his various attackers.They wanted him "Driven from office with nothing but the clothes on his back".
They demand he have NOTHING to even consider putting in the "Mandated by Law/Budget" Presidential Library every President is required to build/stock/staff. He kept 22 boxes of "stuff" where prior presidents took 22 semi trailers, and several C5 cargo planes worth.
2 people like this.
Reply 13 - Posted by:
Birddog 10/9/2022 2:51:23 PM (No. 1299925)
Biden has already taken ALL of his senate records, papers, documents, communication and put it under personal lock/key...NO ONE can have ANY access until 'His terms in public service have ended"
1 person likes this.
Reply 14 - Posted by:
bighambone 10/9/2022 3:09:02 PM (No. 1299936)
The DC “UniParty” installed DC super bureaucrats who run the Biden Department of Justice or the federal law enforcement agencies will never investigate Democrat ex-presidents or liberal Republican ex-presidents who pose no threat to the “UniParty” or the super bureaucrats themselves. Those facts include Clinton, Bush, and Obama, but not an outsider non “UniParty” threat like Trump. By now you can bet that Trump recognizes those facts and a whole bunch of the American people know that.
2 people like this.
Reply 15 - Posted by:
sterling431 10/9/2022 3:36:32 PM (No. 1299955)
Two words- Sandy Berger. Remember him? He walked out of a SKIF with classified docs hidden in his socks, attempting to remove original (no copies or other e-records of them) classified anti-terrorist docs showed that reflected poorly for his boss, Bill Clinton. NOTHING was done about it. Is there a 2 tiered justice system. Yes, there is. It continues to this day.
5 people like this.
Reply 16 - Posted by:
hershey 10/9/2022 4:07:32 PM (No. 1299971)
Sorry Mr. President, the answer is 'never'....as in 'a democrat will NEVER be prosecuted'....
5 people like this.
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