Who would have guessed that a simple ruling about a few tapes Bill Clinton had in his sock drawer could have such critical implications all these years later?
We have been seeing all kinds of reports about the raid on Mar-a-lago being ‘unprecedented’ — and as far as the DOJ serving a warrant on a President from the rival party and rifling through his personal effects for hours on end, that is entirely true.
But that doesn’t mean that courts have never weighed in on the limits of the DOJ’s power to take action against papers, recordings, or other records in a departed President’s possession.
Because our legal system works on a sytem of precedents, we have to look for any relevant precedent. And John Solomon’s Just The News site has reminded us of a case where we absolutely DO have precedent in a signed ruling speaking into the line where the authority of the DOJ ends and the rights of a President’s personal property begins.
It was a case where Judicial Watch sued for access to audio recordings made in the White House during the Clinton administration… and the judge made a very clear ruling in favor of Bill Clinton’s papers and possessions being beyond the reach of the DOJ.
The unappealed 2012 decision by U.S. District Court Judge Amy Jackson concluded that the President has a broad range of powers over records created during his Presidency, powers he is uniquely empowered by the Constitution to use.
She made the explicit ruling that there were no provisions in the Presidential Records Act that would permit the National Archives to forcibly take records out of the president’s personal posession.
“Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President’s term and in his sole discretion,” Jackson wrote in her March 2012 decision, which was never appealed.
“Since the President is completely entrusted with the management and even the disposal of Presidential records during his time in office, it would be difficult for this Court to conclude that Congress intended that he would have less authority to do what he pleases with what he considers to be his personal records,” she added. –JustTheNews
It doesn’t take very much imagination to see the relevance of that ruling in respect to the Mar-a-Lago raid.
That’s not all. When you consider enforcement action over disputed documents, another precedent-setting aspect of the ruling comes into play. One that could cause some serious headaches for the DOJ.
Jackson also concluded that a decision to challenge a president’s decision lies solely with the National Archives and can’t be reviewed by a court. If the Archives wants to challenge a decision, that agency and the attorney general can initiate an enforcement mechanism under the law, but it is a civil procedure and has no criminal penalty, she noted. –JustTheNews
If the enforcement mechanisms for any such disputes between the President and the National Archives fall under civil procedures rather than criminal procedures, what could POSSIBLY justify a raid like the one we saw on August 8th?
After all, we already have Comey on the record about bragging that he had bested Trump with a few dirty tricks that (in his words) he could not have ‘gotten away with’ under other administrations and investigations have proven that FISA applications against Trump were falsified from the beginning, and that the Mueller investigation knew very early on that there was no valid evidence to tie Trump to the Russians and any such evidence they DID have was fatally flawed information manufactured by his political rivals.
Psalms of War: Prayers That Literally Kick Ass is a collection, from the book of Psalms, regarding how David rolled in prayer. I bet you haven’t heard these read, prayed, or sung in church against our formidable enemies — and therein lies the Church’s problem. We’re not using the spiritual weapons God gave us to waylay the powers of darkness. It might be time to dust them off and offer ‘em up if you’re truly concerned about the state of Christ’s Church and of our nation.
Also included in this book, Psalms of War, are reproductions of the author’s original art from his Biblical Badass Series of oil paintings.
This is a great gift for the prayer warriors. Real. Raw. Relevant.