'Loser': Biden uncorks on Trump in fiery speech kicking off 2024

He can delegate.

In the courtroom they will have to produce a specific document. And if that specific document isn't mentioned in a law, well...

 

That law clearly states NARA has no authority to compel the former POTUS to do ANYTHING, nor does it give that power to any other officer of the US, and as such has ZERO criminal penalties associated with it.

 

BTW the actual check on a former POTUS's retention of documents does exist, and that is the cuirrent POTUS. But it's not Congress. It's not a law. At least regarding the mere possession of a document. Espionage laws still apply if a case can be made that that's how he used the document. But if it's mere possession, and the current POTUS is concerned that it will harm national security, then he can request it, or even just seize it, but there would be no crime.

 

After Nixon tried to hide evidence of his complicity in the Watergate break in, President's could no longer control "Presidential Documents" after leaving office.

Your claim that documents can only be classified by Presidential authority is false and naive

Only as long as he/she IS President.

 

You're going to have prove that with some documentation because I cannot find a thing to support that view. You're making all manner of claims but offer nothing that supports them.

 

It's common sense to anyone who understands separation of powers. The key word in all of the laws that people say apply is: unauthorized.

One has to ask, who, or what authorizes, when a document is concerned? And I contend that either a law makes retention of a specific document unauthorized, or an EO makes it unauthorized. If it's an EO, then the Congress cannot hold the POTUS, or a former POTUS, accountable for not following his own EO.

Now if Trump got his hands on a SCOTUS brief before release, then I think he could be charged, because I believe those documents are unauthorized by a law.

 

A judge.

 

Which judge decides the level of threat to national security a document represents, and thus warrants actions be initiated against the former POTUS?

 

I don't agree with every accusation made by Trump or anyone else. The point I was making is that I never heard Trump accuse a specific person of a crime while he was head of DOJ, and not actually have charges brought.

Biden is accusing Trump of a serious crime for 3 years now, he heads the DOJ, but he hasn't instructed his AG to bring the insurrection charges he says are warranted.

Either he is lying in order to fear monger (his specialty), ot he is incapable of enforcing the laws of the US that he has a duty to enforce.

 

Again, I have much less of a problem with someone accusing someone of a crime than I do with the head of the entire justice system accusing someone of a crime, but never prosecuting.

 

If you really think that Biden calls the shots on how the DOJ brings charges then you do not understand how our government works.

Biden does NOT "head" the DOJ, that responsibility belongs to the Attorney General. The AG answers to the President but is pretty independent on the day to day operations of the DOJ.

 

Again we have non lawyers trying to play act at being lawyers.

Once you are a former President of the United States you no longer have ANY authority over documents. You have no "discretion" over documents that belong to the US Government. They are not your property and you can't just "hold on to them"

 

If the AG “answers to the President” who initiates the exchange? Seems that unless it’s always one sided then to a certain extent the President indeed has a say so about the activities of the DOJ.

 

Because you have been "law and ordered"

Popular television skews our sense of the real world. Prosecutors have dubbed the "CSI effect" where juries tend to demand much more concrete answers from crime labs than is actually possible.

The same goes for every show involving prosecutors and prosecution. An episode of L&O starts with a murder and by the end of the hour there is a verdict. It makes it seem like these cases take a month to go from crime to verdict. That is NEVER the case. A complex case such as this CAN take years of investigation...and even the prosecution itself can take a couple of years.

 

Usually the AG will initiate any exchanges.

Again, the day to day operations of the DOJ belongs to the AG. The President doesn't call the AG and say, "I want this person investigated".

The AG may call the President and give him the heads up on certain prosecutions that the President might need to know about but he's not calling for permission to prosecute.

 

1 Biden doesn’t “head” the DOJ.
2 Please quote Biden accusing Trump of insurrection. Or any crime for that matter.

 

Except when trump was president right? Lol

 

When has Biden said insurrection charges are warranted?

 

WashingtonCNN —
President Joe Biden said Wednesday his predecessor Donald Trump “certainly supported an insurrection” but that it was up to the courts whether that disqualifies him from running for president.

 

You mean when trump was running around saying to lock up Hillary?

 

How do you know this? What would be the point of the AG approaching the President if not for some feedback on the activities of the DOJ, an agency that the President is responsible for.

 

The purpose is for the very reason you are accusing Biden of trying to use the DOJ against Trump. It's so that the President CAN'T use the DOJ against his political enemies.

 

That’s not accusing Biden of a crime.

And the person to whom I was responding claims that Biden has been accusing Trump of having committed a serious crime for 3 years.

Nope.

 

Ok I forgot he accused Obama. I think. I remember him often using the qualifier: Obama campaign (that's not a specific person) or just the pronoun: they. Besides, no one is even denying they obtained a FISA warrant to spy on him. Trump, and many others are denying the insurrection accusations.

And regarding the specific GA election workers, I never heard him tell the American people about them. I heard him tell someone on a phone call, and then that was leaked.

 

No, you don't understand. The POTUS has ultimate responsibility for enforcement of the law. Is that not true?