The crux of the Mar-a-Lago jury instruction
dispute: property interest and authorization
Posted By: real fifi, 4/23/2024 5:26:53 PM
Prior to the mid-1970s, neither the Espionage Act, federal records law, nor executive orders on classified information did away with presidents’ “complete dominion and control over their presidential papers.” Nixon’s papers were seized not by executive branch regulation or at the whim of his successor, but pursuant to Congress’s exercise of the federal eminent domain power in the Presidential Recordings and Materials Preservation Act of 1974. Congress asserted public ownership of “presidential records” starting on January 20, 1981 in § 2202 of the Presidential Records Act. Without the PRA, all presidential papers and “the right to possess, use and dispose of” them would still belong to former presidents.
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Prior to the mid-1970s, neither the Espionage Act, federal records law, nor executive orders on classified information did away with presidents’ “complete dominion and control over their presidential papers.” Nixon’s papers were seized not by executive branch regulation or at the whim of his successor, but pursuant to Congress’s exercise of the federal eminent domain power in the Presidential Recordings and Materials Preservation Act of 1974. Congress asserted public ownership of “presidential records” starting on January 20, 1981 in § 2202 of the Presidential Records Act. Without the PRA, all presidential papers and “the right to possess, use and dispose of” them would still belong to former presidents.
You are now in the totalitarian zone
9 replies
Before I get to the bad news, let me start with some good news. Christopher F. Rufo tweets that the revulsion against Critical Race Theory being taught in schools is showing results. Nine states have already banned it: Arizona, Texas, Tennessee, Florida, Arkansas, Oklahoma, New Hampshire, Iowa, and Idaho. As more people realize this effort to divide us into what Scott Adams calls “losers and a**holes” I expect we will see more states banning the teaching of this perfidious, noxious, baseless nonsense. On the other hand, there seems no backing off of it in the military, where it can do nothing but weaken our defense capabilities.
What Price Infrastructure
3 replies
It seems like just yesterday then-President Obama put Joe Biden in charge of that “three-letter word: J.O.B.S.,” and while he failed in that mission, as president he’s back at it, this time with incoherent strategies and massive graft opportunities for all his Democrat constituencies.
The proposed $2 trillion giveaway, dubbed the American Jobs Plan, only thinly disguises the graft-enabling nature of the proposal. And the means to pay for this giveaway -- higher taxes on persons, investments and businesses -- are more likely to destroy the economy, [snip] than the expenditures proposed for actual infrastructure are to increase job opportunities
The Battle of Burbank
7 replies
It’s believed the Battle of Lexington and Concord was the fight that set off the American Revolution. While a battle at Burbank, California has received less notice, to me it is inspiring -- a community’s refusal to bow to petty, irrational, and illegal bullying.
The story is fully recounted by Robert Morton and I urge you to read it in its entirety, but here’s my synopsis.
Tinhorn Flats is a family-operated bar and restaurant in Burbank. Burbank has had a death rate from the Wuhan virus of 2.8 percent of which 80 percent were of those over 65 who had, on average three co-morbidities.
Sidney Powell Releases the Kraken
8 replies
Twas the night before Thanksgiving and all through the press the media was calling it curtains on the challenges to the fraudulent election, when across the internet there was such a clatter -- attorney Sidney Powell unleashed the power of the Kraken. Here are the links to the filed complaints by Sidney Powell in federal district courts respecting the massive, well-documented election fraud in Georgia:
Fear the Walking D(r)read
6 replies
Richard Feynman wrote “science is the belief in the ignorance of experts,” and nothing could demonstrate that point more readily than the public’s growing disaffection with the experts of the public health apparatus -- the WHO, the CDC, and Dr. Anthony Fauci. Their proscriptions (often conflicting) respecting the handling of Covid-19 were simply not “scientific.” They were, in fact, nothing more than guesses which did not work out. Not that that stopped them from silencing those whose experience, both medical and non-medical, contradicted their guesswork.
Why Can't We Go To the Hairdresser?
15 replies
The cynic in me thinks the press will urge a nationwide lockdown unless and until a Democrat sits in the White House at which time they will take a harder look at the diminishing Covid-19 fatalities and the increasing cost of the lockdowns. In the meantime frustrated, increasingly broke Americans are asking what happened to such rights as free speech, assembly, worship, freedom from unreasonable searches and seizures, right to bear arms, right to due process in criminal cases and privacy.
Mogadishu Mon Amour
5 replies
The French movie Hiroshima Mon Amour is based on human memory and forgetfulness as recounted by two lovers. The tale of the congresswoman who calls herself Ilhan Omar is a tale of an anti-Semite bred-in-the-bone corruptocrat whose rise in political power rests very largely on complicity by the media’s airbrushing of her history because they thought this physically attractive African Moslem “refugee” was just the ticket to defeat Donald Trump. The media counts on our forgetfulness and ignorance.
When Obama didn’t like a court order, he ignored it.
In fact , he exceeded the constitutional bounds of his office at least 10 times, notes Ilya Shapiro. He did it in intervening in Libya without even notifying Congress; in subverting creditors’ rights in the Chrysler bailout; in his administration’s implementation of ObamaCare; In the political profiling by the IRS; in illegally appointing three members of the NLRB and the head of the Consumer Financial Protection Board when Congress was not in recess; in directing “the Department of Homeland Security to issue work and residence permits” to the so-called Dreamers (Deferred Action to Childhood Arrivals);
Babble: The 'Debates' and the SCOTUS
2 replies
Life is too short to spend it on phony debates when you can see the highlights in videos and read the text of the remarks. The word peddlers are each picking their claims as to who won. The more critical observers suggest that I was right not to bother. Apparently Julian Castro thought transwomen have a right to an abortion. (Perhaps after taxpayers pay for them to have a uterus transplant): HOLT: Secretary Castro, this one is for you. All of you on stage support a woman’s right to an abortion. You all support some version of a government health care option.
A Made Man (Mueller) Unmakes Himself
7 replies
In common parlance, a made man is someone whose path to success was greased by circumstances. It also refers to someone formally inducted as a full member of a criminal outfit -- the Mafia. In the political atmosphere in which Robert Mueller was born, he, like John Kerry, was virtually assured of a prestigious place in society: He was a tall white man with a hatchet jaw who (like his classmate Kerry) went to an expensive private school – St. Paul’s -- and came from a well-connected and well-off family.
Tragedy Tommorow, Comedy Tonight
9 replies
That’s the title of a great song in A Funny Thing Happened on the Way to the Forum, and that, it occurs to me, is an appropriate song for the media and the Democrats. For two years they vigorously promoted -- for their amusement and political benefit -- a fake Russian collusion story and now must watch it unravel and boomerang on them, their allies and the miscreants who created it. They had their fun, and the denouement has begun.
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House Speaker Mike Johnson reportedly apologized to President Joe Biden for rolling his eyes at the president’s angry State of the Union address in March.
Johnson’s office did not deny his apology when Breitbart News asked for comment.
The apology is the latest revelation that suggests Johnson’s sympathies lie with the establishment and Washington, DC, elites, rather than with the voters who elected him to Congress and the Republican conference.
Just last week, Biden steamrolled Johnson by allowing Democrats to, in effect, seize control of the House, thereby allowing Biden’s agenda to sail through Congress.
Attorney George Conway said Tuesday on CNN’s “Out Front” that he was donating $929,600 to President Joe Biden’s reelection campaign because former President Donald Trump is a “threat to democracy.”
Erin Burnett said, “You are giving Biden the maximum amount, but somebody can give Joe Biden, $929,600 that you have earned over your life to a person running for president so how in the world did you get there?” Conway said, “Yeah, no, that’s that’s just an amazing story to me. If you told me that I would do something like that and support a Democrat and tomorrow an item we headlining a fundraiser in Washington asking Democrats
Sen. Mitt Romney (R-UT) believes that former President Donald Trump is guilty, something he stated clearly publicly, even before Trump’s trial is really underway.
When asked by CNN’s Manu Raju, about the allegations that Trump falsified business records to hide payments made to porn star Stormy Daniels, Romney gave Trump a guilty verdict.
“I think everybody has made their own assessment of President Trump’s character, and so far as I know you don’t pay someone $130,000 not to have sex with you,” Romney said.
Trump is currently facing 34 counts of falsifying business records in the first degree regarding payments made to Daniels during the 2016 presidential election.
Are you aware that there have been two near-catastrophes at major American airports (DC Reagan and NY JFK) where airplanes were cleared to cross runways as another airplane was taking off? (snip) The first incident took place last Thursday, April 18, at Reagan National Airport when the tower controller ordered a Southwest jet to cross a runway as a Jet Blue plane was taking off. (snip) A mere 3 days later, at JFK Airport, a Swiss Airlines jumbo jet was at the end of the runway cleared for takeoff when multiple airliners, including a Delta jumbo jet were cleared to cross the runway.
Okay, I stand corrected on one thing: Columbia University’s terror camp is coming down. I was skeptical, given that President Minouche Shafik has said terrorism is another form of protest. New York’s finest can’t move until the front office gives the green light—Columbia is private property. It seems the university has come to its senses: they’ve given a midnight deadline to set the terms for the dismantling of this tent city of Hamas propaganda and antisemitism:
Biden Admin Wants To Send American Tax
Dollars To Train Army Of Transgender Activists
In India 20 replies
Dollars To Train Army Of Transgender Activists
In India 20 replies
The Biden administration wants to train at least 200 activists to advocate for transgender rights in India as part of a program ostensibly designed to advance America’s “national interests,” according to a federal grant posting. President Joe Biden’s State Department plans to “train at least 200 LGBTQI+ community leaders … with preference given to trans and intersex community leaders” by “deliver[ing] specialized legal education and support” which will, in turn, empower “them to advocate for their rights and access the services they need,” according to a grant announcement published on April 8.
The decades-old NASA Voyager 1 spacecraft has begun sending readable communications again after months of transmitting gibberish.
Voyager 1 – the most distant human-made object in existence – has been sending back data from interstellar space for nearly 50 years after being launched in 1977.
However, in November a glitch occurred that made the spacecraft's data about its environment and the health of its own systems unintelligible to the NASA scientists monitoring it.
Famous for snapping photos of Jupiter, Saturn and their moons, Voyager 1 then returned readable communications on April 20, confirming it is still safely cruising outer space.
Trans Student Tells State Lawmakers that
Making Him Compete on Boys’ Team is
‘Mental Anguish’ 20 replies
Making Him Compete on Boys’ Team is
‘Mental Anguish’ 20 replies
A transgender student told New Hampshire lawmakers that forcing him to play on the boys’ team at school gives him “mental anguish” and that he should be allowed to play on the team that matches his gender identity.
Male-born track & field athlete Maelle Jacques appeared before the House Education Committee of the New Hampshire House of Representatives Monday to speak against SB375, which would ban transgender girls from playing on any state-sponsored school girls’ sports team.
“Joining a male team wouldn’t even be a choice for me” because of the “mental anguish I’d go through being forced to be someone I’m not,” he said during his prepared statement. [Tweet, video]
Joe Biden in Tampa: “I Used to Drive
an 18-Wheeler” – Biden Has Never Driven
an 18-Wheeler (Video) 18 replies
an 18-Wheeler” – Biden Has Never Driven
an 18-Wheeler (Video) 18 replies
Joe Biden on Tuesday traveled to Tampa, Florida to participate in a campaign event.
After wrapping up a speech at Hillsborough Community College, Biden headed over to a campaign office in Tampa.
Biden told several lies to the campaign volunteers.
He falsely claimed he was involved in the civil rights movement as a kid. Then he claimed he used to drive an 18-wheeler.
“Besides, I used to drive an 18-wheeler,” Biden said to staffers at his campaign office in Tampa.
WATCH: (Video) This is one of Joe Biden’s favorite lies.
Pope Francis commemorated Earth Day on Monday by warning that the planet is “falling into ruin” thanks to humanity’s failure to protect it.
“Our generation has bequeathed many riches, but we have failed to protect the planet and we are not safeguarding peace,” the pontiff chided on X (former Twitter).
“We are called to become artisans and caretakers of our common home, the Earth which is ‘falling into ruin,’” he declared, followed by “#EarthDay.”
For the 50th anniversary of Earth Day in 2020, Pope Francis issued a similar indictment of humanity’s failure to care for the planet, blaming human selfishness for the ruin of the earth.
Princeton University students are preparing to establish an anti-Israel protest encampment, according to documents obtained by National Review. The students claim to have pro bono legal support and trained security.
A draft of a press release titled “Princeton Gaza Solidarity Encampment Demands” states that the “goal” is to “put pressure on the Princeton University administration to divest and disassociate from Israel, and to call attention to the University’s active contribution to ongoing genocide and human rights catastrophe.”
The group is demanding that 1) Princeton call for an immediate cease-fire and “condemn Israel’s genocidal campaign,” 2) commit to full transparency in its investments 3) dissociate and divest
Rep. Donald Payne Jr. (D-N.J.) has passed away from complications after suffering a heart attack on April 6. Payne never regained consciousness after the cardiac arrest and was kept alive on a ventilator in the intensive care unit at Newark Beth Israel Medical Center. He was 65 years old.
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"Tammy and I are deeply saddened by the tragic passing of our friend, and a steadfast champion for the people of New Jersey, Congressman Donald Payne, Jr.," wrote New Jersey Gov. Phil Murphy in a statement released just after noon ET on Wednesday. [Tweet]
Payne's office originally attempted to depict the heart attack as non-life-threatening.
Comments:
A thoughtful, well researched article explaining why Jack Smith's theory of the case is not in accord with the law on presidential document retention