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View Full Version : Presidential Records Act the case of Bubba's sock drawer


tomder55
Aug 19, 2022, 08:26 AM
While Bubba was President he secretly made audio tapes . He planned on using them for future reference in a biography of his Presidency . He hid them in his sock drawer



Clinton's Secrets In His Sock Drawer - CBS News (https://www.cbsnews.com/news/clintons-secrets-in-his-sock-drawer/)

Judicial Watch sued to have the tapes handed over to the National Archives in compliance with the Presidential Records Act.

Bubba argued that the tapes were personal and not Presidential records.

emperor appointed Judge Amy Berman Jackson agreed .

https://ecf.dcd.uscourts.gov/cgi-bin/show_temp.pl?file=3211462-0--22511.pdf&type=application/pdf (justthenews.com) (https://justthenews.com/sites/default/files/2022-08/memorandum%20opinion.pdf)


Her findings :

“Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President’s term and in his sole discretion,” .....“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,”...“Because the audiotapes are not physically in the government’s possession, defendant submits that it would be required to seize them directly from President Clinton in order to assume custody and control over them,” “Defendant considers this to be an ‘extraordinary request’ that is ‘unfounded, contrary to the PRA’s express terms, and contrary to traditional principles of administrative law.’ The Court agrees.”


Trump asserts that any classified document or document of interest to the Archives has already been turned over and /or was stored in secure conditions established by the FBI in June.
He correctly states that if they really wanted them returned ;all they had to do was ask.

The case affirms that it is the President's sole discretion to determine what is a personal record and what is an official Presidential record . Judge Jackson's found that the records could not be seized just because the Archives wants them.

The search warrant included classified materials and records created during the Trump presidency. But it has already been established that the FBI could not raid under that pretext .
There was no specificity in the warrant which is a violation of the 4th amendment .

Maybe when we see the heavily redacted affidavit we will find out what the FBI was really looking for in their fishing expedition at Mar a Lago .

jlisenbe
Aug 20, 2022, 12:42 PM
Message to the voters. "You just think you're in charge. Guess again."