Special Counsel Threatens To Go To 11th Circuit, Reminds Judge Cannon What Happened The Last Time She Tried This Shit

Contributing sentiments towards policy:

48% : The first scenario subordinated the provisions of the Espionage Act (18 USC § 793(e)) to the PRA, on the theory that "a jury is permitted to examine a record retained by a former president inhis/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential."
47% : "Both scenarios rest on an unstated and fundamentally flawed legal premise -- namely, that the Presidential Records Act ('PRA'), and in particular its distinction between 'personal' and 'Presidential' records, see 44 U.S.C. § 2201 (2), (3), determines whether a former President is '[]authorized,' under the Espionage Act, 18 U.S.C. § 793(e), to possess highly classified documents and store them in an unsecure facility, despite contrary rules in Executive Order ('EO') 13526, which governs the possession and storage of classified information," the special counsel responded.
47% : Trump himself referred to them as "Presidential Records" when he returned the first 15 boxes, as did his lawyer Evan Corcoran in a letter to the DOJ that May.FFS, the man is on tape waving around a war plan in July of 2021 and bragging to his campaign manager that it's classified, so she shouldn't look too close.
41% : "The PRA's distinction between personal and presidential records has no bearing on whether a former President's possession of documents containing national defense information is authorized under the Espionage Act, and the PRA should play no role in the jury instructions on the elements of Section 793.
25% : The government goes on to note that Trump conceded multiple times that the documents he stole from the White House were presidential records, until that spandex-shirted weirdo Tom Fitton from Judicial Watch -- whom the government sneeringly notes is "not an attorney" -- started whispering nonsense about the "Socks Case" into Trump's ear in the summer of 2022.

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