lemonlime

There is no old wing of the party. The entire party is batshit. There’s only the batshit fascists and Americans who aren’t republicans, either because they never were or because they left the party.

Why would he go from bedminster to DC for medical treatment? I could sorta see him doing that from maralago but bedminster is just a helicopter ride from the nyc hospitals.

Perfect GQP non sequitur, which deflects from any actual solution to the actual problems. If you think levying additional criminal penalties against someone who under the current laws already on the books would already serve up to 99 years in prison, and possibly be subject to the death penalty, are appropriate, go for it. You could also explain how if he served 120 years in prison instead of 99 that would decrease gun violence in any meaningful way. All this while ignoring that we have by far the highest incarceration rate in the world, our prisons are essentially really shitty mental health care facilities, and we are churning out people more likely to commit crimes when they can't get jobs/reenter society because they got caught smoking some weed. All of which has actual impact on gun violence. As does the actual proliferation of guns, something you are ignoring. But hey maybe you'll be able to buy a third boat.

She's a MAGA mouthbreather, so I'm not defending her, but this order is not surprising. Both sides were already supposed to submit briefs tomorrow regarding how the special master should work, such as timing of the document review. She wants the parties to include in those briefs a discussion of the DOJ's motion filed today to keep the classified documents outside of the special master review. She may (and I have no faith in her) be laying groundwork to grant the DOJ's motion, and take the off ramp they've provided her. It'll be interesting to see how trump argues the classified documents could somehow be subject to executive privilege and that he's entitled to them back.

Odd how we're the country with both the highest incarceration rate on the planet (although Rwanda and Turkmenistan are making a run at us), and the second highest rate of gun deaths of any country. It's almost as if locking lots of people up doesn't make us safer.

Republicans love big government when it's mass incarcerating people. Yup, the problem is we don't imprison people enough in this country.

5 states with the highest murder rates Mississippi 20.5 576 Louisiana 19.9 873 Alabama 14.2 654 Missouri 14 803 Arkansas 13 371 5 States with the lowest murder rates: New Hampshire 0 14 Vermont 0 14 Maine 1.6 21 Idaho 2.5 42 Massachusetts 2.7 183

Any documents potentially (in the world at large, not just related to trump) subject to executive privilege would be definition be Presidential Records. The PRA requires that the government possess and control all Presidential Records. If trump took Presidential Records and hid them in his private office he stole them. If trump had personal records in his private office, then those aren't subject to executive privilege. The documents the FBI seized had to either be (1) not ever subject to executive privilege under any circumstance or (2) Presidential Records that trump had no business having in his club in the first place. Those are the only options. These are either stolen documents or documents that couldn't possibly subject to executive privilege in the first instance. And trump has argued that the FBI planted the documents he's now claiming they can't look at because they're privileged. And that he somehow magically declassified documents. That he won the 2020 election in a landslide. And that windmills cause cancer. I don't know why you're giving his nonsense arguments weight.

How could trump have had Presidential Records in his possession unless he stole them? How could any personal records of trump's be subject to executive privilege?

Those quotes don't change my opinion. The PRA says the government controls Presidential Records. But a former president can sue to stop the current executive/archivist from releasing those records. None of this has any bearing on whether a former president can steal Presidential Records and refuse to return them by claiming executive privilege, which is a tortured reading of the PRA.

That case was about whether the archivist could release Presidential Records, and whether a former president could assert privilege to stop the archivist from releasing those records, which were already in the government's possession as they were government records. It has nothing to do with whether a former president could hide Presidential Records from the current executive. The records were Presidential Records, and the issue was whether the archivist could give those records over to the January 6 Committee. From your quote: The Presidential Records Act reflects that understanding by providing that a former President may initiate an action "asserting that a determination made by the Archivist violates the former President's rights or privileges." 44 U.S.C. § 2204(e). And "[n]othing in [the] Act shall be construed to * * * limit * * * any constitutionally-based privilege which may be available to a[ ] * * * former President." Id. at § 2204(c)(2).

My internet's been down most of the day. And looking back on my posts, JFC the typos. But wanted to add that this is the start of the PRA, setting forth definitively that presidential records belong to the government, meaning the American people, and not to trump or anyone else who occupied the executive branch for a few years. §2202. Ownership of Presidential records The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter. The PRA then goes on to delineate when the archivist can release Presidential Records and procedures for current and former presidents to assert privilege to stop the archivist from releasing Presidential Records. Nothing in the PRA suggests that a former president could assert executive privilege to stop the executive from retrieving these records. In fact, the first section of the PRA specifies that the government shall retain complete ownership, control and possession of those records, and trump plainly has violated the PRA.

The Presidential Records Act guides when the executive branch may release presidential records to others. And yes there are some rare occasions when a former president may be able to assert exec privilege to stop the current president from releasing records. The PRA has nothing to do with records someone removed from the governments custody and has been hiding from the government

How could trump Possibly possess anything subject to executive privilege? He’s no longer the executive. The documents the FBI seized are either government documents that trump stole or they’re personal documents that wouldn’t be executive privileged. That’s an insane result that he could steal documents from the government and then claim the government can’t get them back because they’re trumps own super secret documents

God, I hope you’re right. But I can’t shake the feeling that we’re letting a mass murder go around committing more murders while the investigators get tied up investigating an ever increasing number of murders and perfecting those cases. Meanwhile, scores more are murdered and hopefully the investigators, judges and juries don’t get whacked while all the investigating is going on.

Why would Biden have weighed in on executive privilege? Trump never actually asserted it. He never identified any documents or even topics that are privileged. Why would Biden have to affirmatively waive a privilege that has never been properly invoked? Trump only filed a nonsense shit flinging motion in a different court than the one overseeing the investigation in which his lawyers argued for a special master over stolen records under dubious grounds of executive privilege, again without identifying any items that are actually subject to the privilege. It’s not some magic phrase that you can wave around to stop investigations. The next time I’m stopped for speeding I’m gonna argue that attorney client privilege applies. Which makes exactly as much sense as what trumps legal team is arguing here

Except they’ve now given him too much rope. Nothing they do will matter. It doesn’t matter how airtight the case is. The cult along with the GQP in government including congress critters and scotus will side with trump. It’s too late for consequences after giving trump years to obstruct and rally the troops.

Trump should have been arrested along time ago. Murderers aren’t allowed to roam the street for years while an investigation is ongoing. Yet trump tried to overthrow the government, and not only is he free of consequences, he’s had 2 years to rally his people. Meanwhile despite committing criminal acts on tape and camera,he installed many of the people deciding his cases. You can’t have a functioning democracy where the person who tried to overthrow it is put free continuing his efforts. I get that doj typically takes a long time to investigate white collar crimes. But these aren’t white collar crimes and they’re hugely different in scale from any crime the FBI has investigated in the past. They given the GQP many months to normalize treason so that when charges finally come if they do, everyone will just stay in their default tribal positions

You may be right about the impact to the case, but here's a twitter thread Neal Katyal posted in which he says a first year law student should write a better opinion than this judge.

How could he have executive privilege over documents the executive wants back? I usually like your posts, but I'm really not sure what you're saying here. He took national security government documents and is now claiming they're privileged from the government. He's essentially conceding the documents lying around his home office are government documents, and then arguing he wants to keep the government documents from the government. How is this any different than if I stole files from my former law firm employer and then said that a special master had to look over the documents to make sure I wasn't giving the law firm their own attorney client documents?

Or the corollary that if you lose a ruling in which you're this obviously in the right, the judge is either incredibly dumb (and I've been before some of them) or the judge has a finger on the scale. Or both. Not to try and talk you onto the ledge, but this is really bad, IMO. It's a nonsense ruling against all sorts of established precedent, covering up corruption, which if appealed will be going to even more corrupt institutions. It's not that I think this particular ruling is really bad. It is, but given the FBI already reviewed the documents I'm not sure ultimately how much it matters, by itself. But this is a nice give away of what the judiciary is going to do once trump is indicted.

Yeah. It makes no sense. He's claiming executive privilege over documents he stole. And to the extent there could possibly be other executive documents that are rightly his and somehow mixed in (which makes no sense given the executive is the one who has the documents and the current executive has waived executive privilege) he hasn't set forth anything to suggest there are privileged documents mixed in with the stolen documents.