Comments by "" (@charlesvan13) on "Jack Smith 'outraged' at judge in Trump's classified docs case" video.

  1. Jack Smith is upset because the judge is following the law. The president has final authority on the decision of which documents are "personal documents" and which are presidential records.
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  2.  @slim7647  You realize the president IS part of the government? The Constitution only mentions the President, Congress, and Supreme court. Everyone else with power in the government is vested with that power by one of those branches. Who is this 4th agency which has power over the president, regarding documents? But the Presidential Records Act, which adheres to constitutional law on document, says that it's the president who decides what is a personal record.
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  3.  @jsun58  Name one of the "facts".
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  4.  @jsun58  You can't name one. Got it. You're an NPC.
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  5.  @af6462  No. The VP only has the power to declassify those documents that he himself classified, which isn't very many of them.
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  6.  @gund89123  Well..if Biden somehow wins in November, he will be in the White House for the rest of his life...about a year.
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  7.  @gund89123  The WH wasn't even his personal residence when he was president. Mar-a-Lago is his main house. The fools cheering this inappropriate lawfare don't even know that he has a scif there.
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  8.  @FZ9308  The Presidential Records Act, and the Constitutional law (see Navy vs. Egon SCUTUS 1988, Clinton "Socks" case DC circuit) is squarely behind Trump. This Jack Smith has to deflect from the relevant law, and this judge isn't playing along.
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  9.  @FZ9308  Do you realize that Judge Cannon has only asked Smith and the Defense to come up with jury instructions. And Smith is lashing out for no reason, because he's the clown the DOJ found for their election interference cases.
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  10.  @FZ9308  This is "media crime" that's actually highly inappropriately being prosecuted. Recall the media freakout when Trump fired Comey. It' was weeks of "He can't do that!!!" But he could. Because it is a constitutional power of the president.
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  11.  @jsun58  These cases are such a shameful blight on the country. For example, the typical anti-trump legal warrior, Andrew Weissman was 100% sure he had a rock solid case for removing Trump from ballots using the 14th amendment. Then he was struck down 9-0 by the SCOTUS. People who are obsessed can lose touch with reality. This case will die in the higher courts.
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  12.  @FZ9308  This is all just dirty politics, which is failing; Trump's polls have gone up. Trump declassified all the Russia Hoax and Clinton email server documents, just before he left office. And the FBI, DOJ and Archives wanted to prevent their publication. So they tried to tie them up in reviews for security redactions. And the FBI raided him, when he couldn't be pushed around by the bureaucrats.
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  13.  @ReeCooks14579  But also the ultimate authority on what is a presidential record and what is a personal record lies with the president. The anti-Trump people are pushing a falsehood that constitutional executive authority originates with the bureaucracies. It originates with the president. The agencies are not in the constitution, and are run by officers who are appointed by the president. The power of document classification originates with the Article 2 powers of the Commander in Chief.
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  14.  @ReeCooks14579  They're put in private storage with the supervision of the Nat. Archives, to ensure they're stored properly and the ex-president has access to them. Obama's documents are in a warehouse in Chicago rented by Obama.
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  15.  @AntMain-l3b  Every president takes their presidential records and puts them in storage. Obama's are in a rented warehouse in a Chicago. They don't leave them at the White House. The president has the final authority on what is person and what are presidential records. The president can declassify anything. The president has the constitutional authority, not the National Archives. Jack Smith is having a fit, because the most important statute regarding this is the Presidential Records Act, which he wants to ignore because his case depends on ignoring it. Judge Cannon is not letting him.
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  16.  @davidmurphy8190  What people are missing is that the document classification power resides with the president's Article 2 power as Commander in Chief. (Navy v. Engon 1988) A "process" if it exists, cannot override the president's power. In other words, the Archives or FBI has no authority to stop or force the president to declassify something. Even Politifact fact checked this in 2018 when there was the usual hysteria when "Trump told the Israeli ambassador classified information". If true, that was a declassification, and was his prerogative. Jack Smith and the Democrats are trying to change constitutional law with this case. It will work if you get a Trump hating judge (cf. CO supreme court 14th amendment ruling) BUT it will die in the SCOTUS.
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  17.  @AntMain-l3b  "Presidential records and not his to take. " But it's the president who has the final authority on what are presidential records. Personal records are not classified. But the president has blanket authority to declassify. And BTW, when the FBI took that photo of what they found in Mar-a-Lago, it was all what you'd expect as PERSONAL records. magazine covers, letters, etc.
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  18. It says nowhere in the presidential records act, and it's not in the constitutional law regarding this, that the president has to tell someone that he declares records are personal. Clinton just took them in a sock drawer.
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  19.  @thats_suber  No. The documents are given classifications. But the president can declassify anything. The tapes Clinton took were classified. But the judge ruled that the act of taking them was a declassification and a declaration that they're personal records. That's why this case is such a farce. The president is the highest authority on document classification, not the FBI, not the Archives, which are lower bureaucracies. So Jack Smith has to cheat to succeed, here.
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  20. Biden had not authority, to declassify. He blatantly broke the law. But the DOJ is totally politicized, with extreme double standards. It's not even really Democrat vs Republican. It depends on which side of the DC bureaucracy you're on.
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  21.  @Hypocrisywatch1  "Trump declassified with his mind " That's the Dem/corporate media lie. The constitutional power of declassification doesn't depend on a ceremony. That was part of the Clinton "socks" case ruling.
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  22.  @TrumpSetUp16FakeElectors  "no he didnt declassify crap LMAO" If it's your opinion versus the ex-president, then you lose. In the Clinton case the judge ruled that the act of removing the tapes was a declassification.
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  23.  @ralphjackson8295  "Wrong, the tapes were his personal belongings not the propertyof the State, " You know nothing about the case. That was the judge's conclusion. They were classified tapes, which Clinton took stuffed in his socks. The judge ruled that by the act of taking them from the White House Clinton was declassifying them and declaring them his personal records. You guys will just lie about the law, and every legal precedent, just to get Trump. It's really despicable.
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  24.  @ralphjackson8295  "Wrong, the tapes were his personal belongings not the propertyof the State," Tha Jack Smith case is what happens when people with your lack of understanding are in government. The Clinton "socks case", was over classified tapes that Clinton appeared to sneak out of the WH in socks. The court ruled that the act of taking them from the WH was a declassification, and a declaration of them being his personal documents. I.e. the court affirmed that a president implicitly declassifies just by taking classified documents from the White House. And the president has the authority to declare documents to be personal records.
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  25.  @af6462  That's not true. The president has that authority, according to Navy vs Egon, as an Article 2 power as Commander in Chief. The VP does not. The VP can only declassify documents he classified.
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  26.  @af6462  You're a victim of the press' fake fact checks. This from USA Today's dishonest fact check, attempt to defend Biden. "McClanahan, who also teaches at the George Washington University Law School, said that under a 2009 executive order signed by Obama, the vice president is included in a list of "original classification authorities," meaning Biden had the power declassify anything he classified." Read that last sentence. "Biden had the power to declassify ANYTHING HE CLASSIFIED." Hardly any of the secret documents are those the VP classified.
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  27.  @af6462  EO 13526 is from 2009. Navy v. Egon is from 1988. Again. You misread the dishonest media's attempt to defend Biden. It's contained in the "fact check" which attempts to defend Biden. But read the last sentence. "McClanahan, who also teaches at the George Washington University Law School, said that under a 2009 executive order signed by Obama, the vice president is included in a list of "original classification authorities," meaning Biden had the power declassify anything he classified. " The VP can only declassify document he himself classified. "...ANYTHING HE CLASSIFIED." Only the President has plenary declassification powers.
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  28. This whole case is a farce, because the president is the highest authority on document classification.
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