{"id":579009,"date":"2023-06-17T13:00:00","date_gmt":"2023-06-17T10:00:00","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/trumps-legal-defenses-draw-derision-even-from-some-conservatives\/"},"modified":"2023-06-17T13:00:00","modified_gmt":"2023-06-17T10:00:00","slug":"trumps-legal-defenses-draw-derision-even-from-some-conservatives","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/trumps-legal-defenses-draw-derision-even-from-some-conservatives\/","title":{"rendered":"#Trump\u2019s legal defenses draw derision \u2014 even from some conservatives"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_85 counter-hierarchy ez-toc-counter ez-toc-custom ez-toc-container-direction\">\n<p class=\"ez-toc-title\" style=\"cursor:inherit\">Table of Contents<\/p>\n<label for=\"ez-toc-cssicon-toggle-item-6a373cd5b5897\" class=\"ez-toc-cssicon-toggle-label\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #dd3333;color:#dd3333\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #dd3333;color:#dd3333\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/label><input type=\"checkbox\"  id=\"ez-toc-cssicon-toggle-item-6a373cd5b5897\" checked aria-label=\"Toggle\" \/><nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/buradabiliyorum.com\/en\/trumps-legal-defenses-draw-derision-even-from-some-conservatives\/#Does_the_Presidential_Records_Act_mean_its_OK_for_Trump_to_have_had_the_documents\" >Does the Presidential Records Act mean it\u2019s OK for Trump to have had the documents?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/buradabiliyorum.com\/en\/trumps-legal-defenses-draw-derision-even-from-some-conservatives\/#Does_the_%E2%80%98Clinton_Socks_case_provide_a_beneficial_precedent_for_Trump\" >Does the \u2018Clinton Socks\u2019 case provide a beneficial precedent for Trump?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/buradabiliyorum.com\/en\/trumps-legal-defenses-draw-derision-even-from-some-conservatives\/#Did_Trump_have_unconditional_classification_authority_as_president\" >Did Trump have unconditional classification authority as president?<\/a><\/li><\/ul><\/nav><\/div>\n<p><img decoding=\"async\" src=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/06\/illo-Trumpdonald_061623_ap_memo-trump-shaky-defense.jpg?w=900\" \/><\/p>\n<div>\n<p>Former President Trump and his allies have been throwing up defenses over the Mar-a-Lago documents since an indictment leveling 37 criminal charges against him was unsealed June 9.<\/p>\n<p>Trump is charged with conspiracy to obstruct justice, several offenses related to concealment, and 31 counts of willful retention of national defense information. He pled not guilty to all charges at his Tuesday arraignment in Miami.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\"><\/aside>\n<p>Trump\u2019s counterblasts have often been rooted more in politics rather than law \u2014 and they have included straightforward attempts to discredit the investigation.<\/p>\n<p>Trump has called special counsel Jack Smith \u201cderanged\u201d and a \u201cthug,\u201d and he and his supporters have claimed there are double standards at play, given that President Biden and former Vice President Mike Pence were also discovered to have documents marked as classified in their possession.<\/p>\n<p>There are, however, important differences in those cases \u2014 notably, Biden and Pence im<a href=\"https:\/\/buradabiliyorum.com\/en\/category\/social-mediaa\/\" data-internallinksmanager029f6b8e52c=\"1\" title=\"Social Media\" target=\"_blank\" rel=\"noopener\">media<\/a>tely turned over the records upon discovering them, while Trump sought to retain his over a long period \u2014 and, eventually, in the face of a subpoena.<\/p>\n<p>Trump\u2019s conduct has even been sternly criticized by some conservative legal figures.<\/p>\n<p>One, former federal judge Michael Luttig, tweeted on the day of Trump\u2019s arraignment, \u201cThere is not an Attorney <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/general\/\" data-internallinksmanager029f6b8e52c=\"3\" title=\"General\" target=\"_blank\" rel=\"noopener\">General<\/a> of either party who would not have brought today\u2019s charges against the former president.\u201d<\/p>\n<p>Here are some of Trump\u2019s purported defenses \u2014 all of which draw deep skepticism from many experts.<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\"><\/aside>\n<h2><span class=\"ez-toc-section\" id=\"Does_the_Presidential_Records_Act_mean_its_OK_for_Trump_to_have_had_the_documents\"><\/span>Does the Presidential Records Act mean it\u2019s OK for Trump to have had the documents?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><em>\u201cAs President, the law that <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>lies to this case is not the Espionage Act but very simply the Presidential Records Act. \u2026 Under the Presidential Records Act, I had every right to have these documents\u201d \u2014 Former President Trump, speaking at Bedminster, N.J., on the evening of his arraignment, June 13, 2023<\/em><\/p>\n<p>Trump\u2019s argument here appears to be that he could declare almost anything he liked as personal material, putting it beyond the reach of the National Archives and Records Administration (NARA) and the rest of the government.<\/p>\n<p>Almost no one outside of Trump\u2019s circle believes this to be true, at least in the way Trump frames it.<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\"><\/aside>\n<p>The Presidential Records Act (PRA) states plainly that \u201cthe United States shall reserve and retain complete ownership, possession, and control of Presidential records.\u201d<\/p>\n<p>It further distinguishes between presidential records and personal records, putting into the latter category only materials \u201cof a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the \u2026 duties of the President.\u201d Examples in this category include personal diaries or journals.<\/p>\n<p>It is implausible on its face to suggest the kinds of materials Trump is accused of having \u2014 intelligence briefings, documents concerning the military capabilities of foreign nations and \u201cmilitary contingency planning of the United States\u201d \u2014 could fall under the law\u2019s definition of personal records.<\/p>\n<aside class=\"ad-unit ad-unit--mr4_ab\"><\/aside>\n<p>\u201cIt seems clear to everyone \u2014 besides Trump\u2019s lawyers, diehard supporters and those who have never read the act \u2014 that the Presidential Records Act does not allow what Trump did,\u201d said Mark Zaid, an attorney who regularly handles national security issues and has represented clients across the political spectrum.<\/p>\n<p>The items in Trump\u2019s possession, Zaid added, \u201care clearly presidential records, not personal documents.\u201d<\/p>\n<p>There is one potential \u2014 though debatable \u2014 loophole, however.<\/p>\n<aside class=\"ad-unit ad-unit--mr5_ab\"><\/aside>\n<p>The PRA notes, somewhat confusingly, that its definition of presidential records \u201cdoes not include\u2026official records of an agency.\u201d<\/p>\n<p>Sol Wisenberg, a white-collar criminal defense attorney and the former deputy independent counsel in the Whitewater\/Lewinsky investigation, said Trump\u2019s team could argue the documents in question are agency records rather than presidential records.<\/p>\n<p>This is one of the reasons Wisenberg argues the case against Trump is \u201cnot a slam dunk at all.\u201d<\/p>\n<aside class=\"ad-unit ad-unit--mr6_ab\"><\/aside>\n<h2><span class=\"ez-toc-section\" id=\"Does_the_%E2%80%98Clinton_Socks_case_provide_a_beneficial_precedent_for_Trump\"><\/span>Does the \u2018Clinton Socks\u2019 case provide a beneficial precedent for Trump?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><em>\u201cThe crucial legal precedent is laid out in the most important case ever on this subject, known as the \u2018Clinton Socks case.\u2019 \u2026 After leaving the White House, Bill Clinton kept 79 audio tapes in his sock drawer. \u2026 Not only was Bill Clinton never even considered for criminal prosecution based on the tapes he took, but when he was sued for them, he won the case.\u201d \u2014 Trump, Bedminster, June 13<\/em><\/p>\n<p>Trump\u2019s account is a misleading retelling of what happened in the Clinton case \u2014 and one that exaggerates its relevance to his legal troubles.<\/p>\n<p>In summary, former President Clinton gave interviews while in office to historian Taylor Branch for a later oral history of his presidency. The tapes were never defined as presidential records, so NARA never sought to take possession of them \u2014 exactly the opposite of the facts in Trump\u2019s case.<\/p>\n<aside class=\"ad-unit ad-unit--mr7_ab\"><\/aside>\n<p>In Clinton\u2019s case, a right-leaning advocacy group, Judicial Watch, sued. In essence, Judicial Watch was seeking to force NARA\u2019s hand, making the agency redefine the Clinton tapes as presidential records and ultimately make them public.<\/p>\n<p>There was one part of the story Trump got unambiguously right: Judicial Watch lost the case.<\/p>\n<p>In the Clinton case, \u201cThe United States government had made a decision not to pursue those tapes and a private organization was trying to force the government to take those records back,\u201d said Renato Mariotti, a trial attorney and former federal prosecutor who ran in the Democratic primary several years ago to become attorney general of Illinois.<\/p>\n<p>By contrast, Mariotti added, \u201cThe United States has made abundantly clear to Trump that it believes it owned these records and they needed them back. That is a very different situation.\u201d<\/p>\n<h2><span class=\"ez-toc-section\" id=\"Did_Trump_have_unconditional_classification_authority_as_president\"><\/span>Did Trump have unconditional classification authority as president?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><em>\u201cThere doesn\u2019t have to be a process, as I understand it. You\u2019re the president of the United States. You can declassify just by saying it\u2019s declassified, even by thinking about it.\u201d \u2014 Trump, interview with Sean Hannity, September 2022<\/em><\/p>\n<p>In fairness to Trump, a sitting president has wide declassification powers, not all of which are delineated with clarity.<\/p>\n<p>There are three significant problems, however.<\/p>\n<p>Firstly, the idea the president can declassify documents with his mind, telling no one about it, is derided by most legal experts.<\/p>\n<p>Secondly, no evidence has yet been produced to support the claim Trump declassified the specific documents in question. Nor has there been any evidence he had any standard declassification procedure in effect while in the White House that would have somehow declassified material in bulk.<\/p>\n<p>Thirdly, and perhaps most importantly, the indictment includes details of a recorded conversation Trump allegedly had in July 2021 at Bedminster with a writer, a publisher and two aides. During that conversation, Trump is alleged to have shown a \u201cplan of attack\u201d that had been prepared for him by the Pentagon.<\/p>\n<p>According to the indictment, Trump said the plan was \u201chighly confidential\u201d and added, \u201cAs president, I could have declassified it.\u201d<\/p>\n<p>He allegedly continued, \u201cNow I can\u2019t, you know, but this is still a secret.\u201d<\/p>\n<p>Such statements are, on their face, inconsistent with the idea Trump believed all material he took with him after his presidency ended was declassified.<\/p>\n<p>If that conversation happened as prosecutors allege, \u201cHe obviously is aware that a document he took from the White House is not declassified,\u201d said Harry Litman, a former deputy attorney general.\u00a0<\/p>\n<p>\u201cIf he had this magic power that swept over all the documents, that would not have been the case.\u201d<\/p>\n<\/div>\n<p>Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.<\/p>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. Follow us on\u00a0<span style=\"color: #ff0000;\"><a style=\"color: #ff0000;\" href=\"https:\/\/news.google.com\/publications\/CAAqBwgKMLG0nwswvr63Aw\" target=\"_blank\" rel=\"nofollow noopener noreferrer\">Google News<\/a><\/span>\u00a0too, click on the star and choose us from your favorites.<\/span><\/strong><\/p><\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\">For forums sites go to <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/forum.buradabiliyorum.com\/\" target=\"_blank\" rel=\"noopener\">Forum.BuradaBiliyorum.Com<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\"><strong>If you want to read more <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/news\/\" data-internallinksmanager029f6b8e52c=\"2\" title=\"News\" target=\"_blank\" rel=\"noopener\">News<\/a> articles, you can visit our <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/en.buradabiliyorum.com\/news\/\" target=\"_blank\" rel=\"noopener\">News category.<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<p><span style=\"color: black;\"><a style=\"color: #ff9900;\" href=\"https:\/\/thehill.com\/homenews\/campaign\/4054037-memo-trumps-legal-defenses-draw-derision\/\" target=\"_blank\" rel=\"noopener\">Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Former President Trump and his allies have been throwing up defenses over the Mar-a-Lago documents since an indictment leveling 37 criminal charges against him was unsealed June 9. Trump is charged with conspiracy to obstruct justice, several offenses related to concealment, and 31 counts of willful retention of national defense information. He pled not guilty&#8230;<\/p>\n","protected":false},"author":1,"featured_media":579010,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/06\/illo-Trumpdonald_061623_ap_memo-trump-shaky-defense.jpg?w=1280","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[72185,134417,134343,143981,134418,134353,4941,134661,134447,124783,135919,991,83642,28962,143982],"class_list":["post-579009","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-bill-clinton","tag-blog-briefing-room","tag-campaign","tag-classified-records","tag-congress-blog","tag-court-battles","tag-donald-trump","tag-energy-environment","tag-energy-and-environment","tag-international","tag-jack-smith","tag-joe-biden","tag-mar-a-lago","tag-mike-pence","tag-presidential-records-act"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/579009","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=579009"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/579009\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/579010"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=579009"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=579009"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=579009"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}