Quote:
All presidents take mementos and other records when they leave office. They don’t pack their own boxes. The National Archives takes the position that almost everything is a “presidential record.” And the federal government, in general, over-classifies almost everything.
Even if Trump took classified records, that isn’t a crime. The president has the inherent constitutional power to declassify any record he wants, in any manner he wants, regardless of any otherwise-pertinent statute or regulation that applies to everyone else. The president does not need to obtain Congress’ or a bureaucrat’s permission—or jump through their regulatory or statutory hoops—to declassify anything. The Supreme Court reaffirmed this in the 1988 case, Department of the Navy v. Egan : “The President, after all, is the ‘Commander in Chief of the Army and Navy of the United States.’ U.S. Const., Art. II, § 2. His authority to classify and control access to information bearing on national security…flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant.”
Thus, if Trump left the White House with classified records, then those records are necessarily declassified by his very actions. He doesn’t need to label that decision for, or report that decision to, any bureaucrat who works for him. It is pretextual legal nonsense for the Biden Justice Department to pretend Trump broke any criminal statute. Indeed, it is noteworthy that Attorney General Garland apparently did not seek an opinion from the Justice Department’s Office of Legal Counsel (OLC)—the de facto general counsel for the executive branch—before ordering this home raid of his boss’s chief political enemy. Perhaps Garland knew OLC wouldn’t give him the answer he wanted.
All former presidents also get a federally funded office, called the Office of the Former President. They get lawyers and other staff, security clearances, Secret Service protection, and secure facilities (SCIFs) for the maintenance of classified records. Even if Trump had classified records, then, they were protected and secure.
FBI Director Christopher Wray recently testified that the FBI was too busy to stop dangerous and illegal intimidation campaigns outside Supreme Court justices’ homes. This was after an attempted assassin was thankfully arrested outside Justice Brett Kavanaugh’s home. The FBI apparently didn’t have the time to investigate actual threats to the lives of constitutional officers, but it had plenty of time to raid the home of a former president over an 18-month-old records dispute—with which Trump publicly stated he was fully cooperating.
House Republicans must impeach Attorney General Garland and FBI Director Wray for their unprecedented and destructive politicization of the Justice Department, when they reclaim power in January. And over the long term, House and Senate Republicans must dismantle and rebuild the FBI, so political raids like this never happen again. We cannot allow our law enforcement agencies to become third-world political hit squads.
Comment:
The extreme measures the Democrats in (fraudulently gained) power are taking to destroy Donald Trump, are a measure of their dread of him, with his ability to triumph over their anti-America, anti-Western-civilization agenda. And the intensity of passion they bring to their campaign against him is a measure of his prodigious ability to accomplish what they dread.