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originally posted by: Threadbarer
a reply to: Lazy88
(a)Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.
18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material
The law is actually pretty clear about intent being required.
originally posted by: Threadbarer
a reply to: Lazy88
The fact that he failed to comply with a subpoena but still had his lawyers attest that he did comply with it is pretty strong evidence of him lying.
originally posted by: Threadbarer
a reply to: norhoc4
INDICTMENT as to DONALD J. TRUMP
originally posted by: JadedGhost
I don’t understand though, people here keep claiming there was no insurrection. So why would Trump be trying to claim presidential immunity, if there was no insurrection in the first place?
originally posted by: JadedGhost
I don’t understand though, people here keep claiming there was no insurrection. So why would Trump be trying to claim presidential immunity, if there was no insurrection in the first place?
originally posted by: Threadbarer
a reply to: Xtrozero
Both Chutkan and the DC Circuit have found Trump's arguments to lack a Constitutional basis. If SCOTUS rules similarly, the Trump has two choices, drop the argument or attempt to convince the jury that he was covered by immunity.
The separation of powers doctrine, as expounded in
Marbury and its progeny, necessarily permits the Judiciary to
oversee the federal criminal prosecution of a former President
for his official acts because the fact of the prosecution means
that the former President has allegedly acted in defiance of the
Congress’s laws. Although certain discretionary actions may
be insulated from judicial review, the structure of the
Constitution mandates that the President is “amenable to the
laws for his conduct” and “cannot at his discretion” violate
them. Marbury, 5 U.S. (1 Cranch) at 166. Here, former
President Trump’s actions allegedly violated generally
applicable criminal laws, meaning those acts were not properly
within the scope of his lawful discretion; accordingly, Marbury
and its progeny provide him no structural immunity from the
charges in the Indictment.
originally posted by: Threadbarer
a reply to: JinMI
Where are they assuming Congress' responsibility?
originally posted by: Threadbarer
Both Chutkan and the DC Circuit have found Trump's arguments to lack a Constitutional basis. If SCOTUS rules similarly, the Trump has two choices, drop the argument or attempt to convince the jury that he was covered by immunity.
originally posted by: Threadbarer
a reply to: JinMI
Where are they assuming Congress' responsibility?