āOf course they did! They may have been the boxes etc. that were openly and plainly brought from the White House, as is my right under the Presidential Records Act,ā Trump posted on social media.
āOf course they did! They may have been the boxes etc. that were openly and plainly brought from the White House, as is my right under the Presidential Records Act,ā Trump posted on social media.
Remind me again how Hilaryās emails were a crime but the literal theft of top secret documents is just an ethical dilemma?
Maybe, just maybe this depends on which political party / person is doing the thing?
I was talking about this guyās actual legal arguments about hypothetical administrative powers of the presidency. I do not give a shit about Hillaryās emails and I did feel that what trump did was illegal.
You have to, they canāt start a criminal investigation if they didnāt think it was a crime. Both crimes are just as equally āadministrativeā.
Similarly all of our foundational documents are living documents so a penalty just needs to be issued and precedent would be set. No one legitimately expected such a fucking masturbatory love of a document the writers of specifically said to change ā¦ Often and as the need presents.
No, Iām talking about law. Administrative law is set by the administrative branch of the government as delegated by congress. Itās not codified, but is the policy and procedures of those administrative bodies, which has the force of law. Breaching those policies and procedures, which is what Trump did, is in violation of administrative law.
A legal duty is a more nebulous concept that is generally based on legal precedent. Usually has to do with something related to torts. You canāt just take someone to court for an novel legal duty and expect that to magically stick criminally. It needs to be codified by congress or created in administrative law first.
If itās a law they have a legal duty, your hedging doesnāt particularly make sense.
legal
1 of 2
adjective
leĀ·āgalĀ ĖlÄ-gÉlĀ
Synonyms ofĀ legal
1
:Ā of or relating to law
She has manyĀ legalĀ problems.
2
a
:Ā deriving authority from or founded on lawĀ :Ā DE JURE
aĀ legalĀ government
b
:Ā having a formal status derived from law often without a basis in actual factĀ :Ā TITULAR
a corporation is aĀ legalĀ but not a real person
c
:Ā established by law
especiallyĀ :Ā STATUTORY
theĀ legalĀ test of mental capacityāK. C. Masteller
3
:Ā conforming to or permitted by law or established rules
The referee said it was aĀ legalĀ play.
Fishing in this lake isĀ legal.
4
:Ā recognized or made effective by a court of law as distinguished from a court of equity
5
:Ā of, relating to, or having the characteristics of the profession of law or of one of its members
a bottle ā¦ that someĀ legalĀ friend had sent himāJ. G. Cozzens
6
:Ā created by the constructions of the law
AĀ legalĀ fiction is something assumed in law to be a fact regardless of the truth of that assumption.
legal
2 of 2
noun
:Ā one that conforms to rules or the law
Iām not getting into semantics, Iām talking about the original post I replied to, namely
Which is talking about a duty in derived sense, not a codified duty.
He does, nothing youāve offered implies or states otherwise.
No, it has to do with a law or rather a series of them an oath to office and an oath to maintain national secrets.
Thatās the definition of a derived duty, and it isnāt what Iād call ālaw.ā
18 usc 1924 Is a law that created a duty, a legal duty.
(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 containingĀ 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.
You say you donāt want to play semantics but thatās your entire argument.
There is no āadministrative branchā in the US government.
That Iāll concede. Can you guess what I meant though.
you should stop using ātop secretā, because its almost irrelevant and bad actors are grabbing onto it like it has substance.
hes being prosecuted for document mishandling, regardless of ātop secretā status. their secret status is irrelevant (technically, not morally).
There are lists higher punishments for the level of security. There are a few excuses for this shit that somewhat make some sense, yours just now is not one of them.