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originally posted by: Xcalibur254
a reply to: JinMI
They were definitely illegal for him to possess. As of 12 PM on January 20th, 2021 any Presidential and government records in Trump's possession became property of the US government and were supposed to be handed over to the care of NARA.
As for the classification status, NARA found documents with classified document cover sheets. Trump has yet to provide anything to support the claim they were declassified and both the DOJ and Trump's own lawyers are proceeding as if the documents are classified.
originally posted by: Xcalibur254
a reply to: MidnightWatcher
Because it sets a dangerous precedent. It would mean that former Presidents have executive privilege. Which has never been the case until now.
If Trump took Air Force 1 when he left the presidency and refused to give it back claiming that he partially owned it as a former President, pretty much everyone would think it's ridiculous claim. So why should Trump be allowed to make a similar claim regarding these documents.
originally posted by: Xcalibur254
a reply to: JinMI
As I've expressed in the past, the DOJ will go for a grand jury indictment. This is supported by the fact that they went the grand jury route for the subpoena.
It will take time for a grand jury to be convened and we're not even sure if the FBI has concluded their investigation and handed it off to the DOJ.
On top of that, Garland has indicated that any indictment most likely won't come until after the midterms.
Otherwise, the DOJ's unofficial policy is not to make any moves that could affect an ongoing election. Trump may not be running this year but he is the de facto leader of the GOP and his arrest would definitely impact the midterms.
originally posted by: Xcalibur254
a reply to: MidnightWatcher
Trump has no standing to request a special master for executive privilege as A.) He doesn't have executive privilege and B.) He has no possessory interest in the documents as they solely belong to the US government.
If Trump is indicted, his team will have a chance to review the evidence against him during the discovery phase and then question its merit during the trial.
originally posted by: Xcalibur254
a reply to: JinMI
As I'm not one of the investigators I couldn't tell you how worried they are about the empty folders.
originally posted by: DBCowboy
Jesus Christ.
This has turned into a a taco fart at church.
Why won't you evil leftists just apologize, say, "My Bad" and walk away from this fecal-fest instead of defending it?
Do you guys hate the Constitution that much?