Trump files to dismiss under presidential records act

Trump moves to dismiss the document case under the presidential records act.
He is claiming immunity and unlawful appointment of special counsel. Trump's attorneys took issue with Jack Smith's appointment as special counsel and claimed various legal principles. The attorneys wrote in one memo that the case should be dismissed because, as president, Trump had "unreviewable discretion" over classified records and, under the Presidential Records Act, could designate any official government document as a personal record.

PRESIDENT TRUMP’S MOTION TO DISMISS THE INDICTMENT BASED ON THE PRESIDENTIAL RECORDS ACT
https://www.justsecurity.org/wp-con...-on-Presidential-Records-Act-Feb.-22-2024.pdf

 

https://www.justsecurity.org/wp-con...-on-Presidential-Records-Act-Feb.-22-2024.pdf

 

https://www.justsecurity.org/wp-con...-on-Presidential-Records-Act-Feb.-22-2024.pdf

 

This was decided before Judge Amy Jackson is 2012

https://www.judicialwatch.org/wp-co.../JW-v-NARA-Clinton-Tapes-transcript-01834.pdf

 

Exhibits

Case 9:23-cr-80101-AMC Document 327-1

https://www.justsecurity.org/wp-con...-on-Presidential-Records-Act-Feb.-22-2024.pdf

 

More delaying tactics to avoid the consequences of his crimes.

Shoveling legal manure is all the Orange Stain has left.

 

I think his attorneys will get this done. Because any judge that reviews it, is going to look awfully stupid by ignoring it.

 

After he was unable to conceal the evidence or intimidate the witnesses in the many disparate indictments against him, delaying justice became the only recourse for the sexual abuser.

Separate from the legal issues, he flails his victim card, whines incessantly, and reviles officers of the court because he is being treated as if he is not above the law.

Of course, his emotional lickspittles echo his bleating, but the law is impervious to such hysterical bombast.

 

Has anyone noticed that the former President's defense is never I am innocent, I will prove it in court. Many time is the charges should be dismissed because something is wrong with the (investigators, judge, prosecutor, witnesses) so it should be thrown out.

 

@Sirius Black
@Natty Bumpo
How un-American to deny a US citizen due process....

 

If he can show he's innocent without going to court then what's the porblem?

 

He is already presumed innocent.... they have to prove his guilt.

 

His argument is essentially, I intended to take boxes and boxes of classified documents and since I did it when I was President I’m immune from prosecution for stealing boxes and boxes of classified documents.

It’s a frivolous argument that’s going nowhere.

 

Not really his argument at all.... it was Judge Amy Jackson's argument

https://www.judicialwatch.org/wp-co.../JW-v-NARA-Clinton-Tapes-transcript-01834.pdf



Trump declassified the documents... not classified with the words "MARKED" on them .... words have meanings...

https://www.federalregister.gov/doc...to-the-fbis-crossfire-hurricane-investigation

 

This is him trying to prove it in court. He's arguing for them to implement the PRA the same way as they have for prior presidents and stating his constitutional authority. If the PRA is applied to him the same as it has been to prior presidents, there's no reason for a trial, and the courts can make that determination. The PRA says the President is the sole authority on what a personal or presidential record is, not a librarian at NARA. A librarian doesn't make that decision, which would give them more authority than the president, which is why the PRA says the President has the sole authority. Additionally, even if a librarian has more authority than the President, it's a civil matter.

 

Here in America Trump is presumed innocent until proven guilty... I don't know what communist country you live in, but here the prosecution has to prove him guilty... Trump does not have to say he is innocent as it is a moot point at best...

 

Mango mussolini must have a twisted fetish for losing in Court. This is going nowhere and he shall lose yet again.

MAGA

 

In court yes. But he keeps trying to avoid going to court.

 

Trump is doing everything he can to delay - or escape due process!

 

Escape due process? You do realize that this motion is a part of due process right? Seems to me that you're just pissed that Trump won't sit down, shut up, and take it up the ass. As if he has no due process Rights.

 

I didn't know that claiming immunity from prosecution was a due process. Lol.

 

It sure seems un-American to be denying a US citizen all legal avenues for due process... presumed innocent until proven guilty is the normal and some are willing to disregard that here for some reason.

 

I'll go you one better. Yes, I think the Orange Stain is gulity of multiple felonies and I agree he has to be tried and convicted to be a felon in the eyes of the law.
His current appeal to the SCOTUS would, if successful, dismiss the election interference case against him at the cost of giving ANY president immunity for ANY of his actions while in office. Aside from the absolutely AWFUL future consequences of that potential ruling, I would be advocating for Biden to immediately lock up Trump in some foreign black site forever. After all, the Orange Stain has already publicly stated he wants to be a dictator on the first day of his term and he's willing
to give every future president tremendous, unrestrained power just to avoid facing a trial.

That's un-American and using an un-American act to prevent it seems logical and just.

No ?

 

Your posts 2, 3, and 4 have the unique but pleasant odor of fact and truth.

 

Due process is afforded to all US citizens as they seek all legal avenues... Maybe you should apply yourself to get the laws in the country you live in changed to a more US based system that follows those laws..