So, what is the issue with Trump having these documents?
Do you want the simple version where this is just a sting operation?
or the more complicated version where this is serious case?
The backstory to this starts with Nixon. Nixon was planning on breaking custom and keeping his presidential records. In fact, he planned on donating them and claiming a giant tax write off in the millions. Congress then passed a law that just applied to Nixon. In 1978 they passed a law that applied to all future presidents, the Presidential Records Act.
https://www.archives.gov/presidential-libraries/laws/1978-act.html
The PRA said several things.The most important thing is the President does not own Presidential Records. They are not private, they are public. They are owned by the United States.
Among other things, the PRA
Establishes public ownership of all Presidential records and defines the term Presidential records.
.>Places the responsibility for the custody and management of incumbent Presidential records with the President (While in office, the President has them.)
Establishes that Presidential records automatically **transfer into the legal custody of the Archivist **as soon as the President leaves office. (So the National Archives or NARA is the custodian of presidential records)
So far so good, but you also have to define what a presidential record is. Basically any records relating to
constitutional, statutory, or other official or ceremonial duties
That big letter got from Kim Jon Un? That's a presidential record.
A letter to Trump from his high school gym teacher saying, We always knew you would go far? That's a personal record.
All of this is aside from classified materials. All presidential records are publicly owned and the legal custodian is the national archvies.
How clear is it that a President is the final authority of what is classified? The president is the ultimate authority of declassifying documents. Having documents in the possession of an outgoing president is a long held precedent. The courts have rule on this as being automatic. So, what is the issue with Trump having these documents?
President is ultimate authority on classification.....while they are in office. So there's a few issues.
Only personal records are supposed to go with presidents, not presidential records.
A classified document that becomes declassified is still a presidential record, it can never be a personal record. But this isn't what the indictment is about.
Trump is not charged with possessing these documents but "willfully retaining" them. That's the language of the law and it basically means not giving them back when asked to. He did give back so documents but not all.
The security clearance thing doesn't matter in terms of what he is charged with. The charges would be the same if he had full clearance. Because even if are allowed to access to the info, you can't just keep it.
Going back the President having the authority to declassify. The question is did he actually declassify them while President? If this is his defense that all these documents were declassified, he will have to prove this. The courts had the judge are saying these are classified and his lawyers need clearance and can only view these documents in a secure location.
So, what is the issue with Trump having these documents?
Do you want the simple version where this is just a sting operation?
or the more complicated version where this is serious case?
The backstory to this starts with Nixon. Nixon was planning on breaking custom and keeping his presidential records. In fact, he planned on donating them and claiming a giant tax write off in the millions. Congress then passed a law that just applied to Nixon. In 1978 they passed a law that applied to all future presidents, the Presidential Records Act.
https://www.archives.gov/presidential-libraries/laws/1978-act.html
The PRA said several things.The most important thing is the President does not own Presidential Records. They are not private, they are public. They are owned by the United States.
Among other things, the PRA
Establishes public ownership of all Presidential records and defines the term Presidential records.
.>Places the responsibility for the custody and management of incumbent Presidential records with the President (While in office, the President has them.)
Establishes that Presidential records automatically **transfer into the legal custody of the Archivist **as soon as the President leaves office. (So the National Archives or NARA is the custodian of presidential records)
So far so good, but you also have to define what a presidential record is. Basically any records relating to
constitutional, statutory, or other official or ceremonial duties
That big letter got from Kim Jon Un? That's a presidential record.
A letter to Trump from his high school gym teacher saying, We always knew you would go far? That's a personal record.
All of this is aside from classified materials. All presidential records are publicly owned and the legal custodian is the national archvies.
How clear is it that a President is the final authority of what is classified? The president is the ultimate authority of declassifying documents. Having documents in the possession of an outgoing president is a long held precedent. The courts have rule on this as being automatic. So, what is the issue with Trump having these documents?
President is ultimate authority on classification.....while they are in office. So there's a few issues.
Only personal records are supposed to go with presidents, not presidential records.
A classified document that becomes declassified is still a presidential record, it can never be a personal record. But this isn't what the indictment is about.
Trump is not charged with possessing these documents but "willfully retaining" them. That's the language of the law and it basically means not giving them back when asked to. He did give back so documents but not all.
The security clearance thing doesn't matter in terms of what he is charged with. The charges would be the same if he had full clearance. Because even if are allowed to access to the info, you can just keep it
So, what is the issue with Trump having these documents?
Do you want the simple version where this is just a sting operation?
or the more complicated version where this is serious case?
The backstory to this starts with Nixon. Nixon was planning on breaking custom and keeping his presidential records. In fact, he planned on donating them and claiming a giant tax write off in the millions. Congress then passed a law that just applied to Nixon. In 1978 they passed a law that applied to all future presidents, the Presidential Records Act.
https://www.archives.gov/presidential-libraries/laws/1978-act.html
The PRA said several things.The most important thing is the President does not own Presidential Records. They are not private, they are public. They are owned by the United States.
Among other things, the PRA
Establishes public ownership of all Presidential records and defines the term Presidential records.
.>Places the responsibility for the custody and management of incumbent Presidential records with the President (While in office, the President has them.)
Establishes that Presidential records automatically **transfer into the legal custody of the Archivist **as soon as the President leaves office. (So the National Archives or NARA is the custodian of presidential records)
So far so good, but you also have to define what a presidential record is. Basically any records relating to
constitutional, statutory, or other official or ceremonial duties
That big letter got from Kim Jon Un? That's a presidential record.
A letter to Trump from his high school gym teacher saying, We always knew you would go far? That's a personal record.
All of this is aside from classified materials. All presidential records are publicly owned and the legal custodian is the national archvies.
How clear is it that a President is the final authority of what is classified? The president is the ultimate authority of declassifying documents. Having documents in the possession of an outgoing president is a long held precedent. The courts have rule on this as being automatic. So, what is the issue with Trump having these documents?
President is ultimate authority on classification.....while they are in office. So there's a few issues.
Only personal records are supposed to go with presidents, not presidential records.
A classified document that becomes declassified is still a presidential record, it can never be a personal record. But this isn't what the indictment is about.
Trump is not charged with possessing these documents but "willfully retaining" them. That's the language of the law and it basically means not giving them back when asked to. He did give back so documents but not all.
The security clearance thing doesn't matter in terms of what he is charged with. The charges would be the same if he had full clearance.
So, what is the issue with Trump having these documents?
Do you want the simple version where this is just a sting operation?
or the more complicated version where this is serious case?
The backstory to this starts with Nixon. Nixon was planning on breaking custom and keeping his presidential records. In fact, he planned on donating them and claiming a giant tax write off in the millions. Congress then passed a law that just applied to Nixon. In 1978 they passed a law that applied to all future presidents, the Presidential Records Act.
https://www.archives.gov/presidential-libraries/laws/1978-act.html
The PRA said several things.The most important thing is the President does not own Presidential Records. They are not private, they are public. They are owned by the United States.
Among other things, the PRA
Establishes public ownership of all Presidential records and defines the term Presidential records.
.>Places the responsibility for the custody and management of incumbent Presidential records with the President (While in office, the President has them.)
Establishes that Presidential records automatically **transfer into the legal custody of the Archivist **as soon as the President leaves office. (So the National Archives or NARA is the custodian of presidential records)
So far so good, but you also have to define what a presidential record is. Basically any records relating to
constitutional, statutory, or other official or ceremonial duties
That big letter got from Kim Jon Un? That's a presidential record.
A letter to Trump from his high school gym teacher saying, We always knew you would go far? That's a personal record.
All of this is aside from classified materials. All presidential records are publicly owned and the legal custodian is the national archvies.
How clear is it that a President is the final authority of what is classified? The president is the ultimate authority of declassifying documents. Having documents in the possession of an outgoing president is a long held precedent. The courts have rule on this as being automatic. So, what is the issue with Trump having these documents?
President is ultimate authority on classification.....while they are in office. So there's a few issues. Only personal records are supposed to go with presidents, not presidential records.
A classified document that becomes declassified is still a presidential record, it can never be a personal record. But this isn't what the indictment is about.