“Of 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,” Trump posted on social media.

  • TWeaK@lemm.ee
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    1 year ago

    Even if he did have a right to take secret documents from the White House, he has a clear duty to protect their secrecy. This is an admission of guilt.

    The President is not god, he has a duty to serve the people and the nation.

    • roguetrick@kbin.social
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      1 year ago

      clear duty to protect their secrecy

      Ethical duty, not legal duty in that hypothetical. I don’t believe he had that right, though.

      • originalucifer@moist.catsweat.com
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        1 year ago

        i was under the impression he had to sign paperwork stating he was responsible for the documents specifically, and legally. you dont just get to grab secret crap without process.

      • MotoAsh@lemmy.world
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        1 year ago

        Not only is there legal process, but he swore an oath to the US. What part of holding secrets insecurely helps the US?! Your brain is iliterally mush.

        • roguetrick@kbin.social
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          1 year ago

          Your brain is iliterally mush.

          Yeah, great reading comprehension on your part friend. Now feel free to explain to me the interplay between the oath of office, administrative law, and the lack of codified law on the subject.

          • prole@sh.itjust.works
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            1 year ago

            Why does Hillary Clinton deserve to be locked up for her handling of emails, and yet what Trump has admitted to doing here doesn’t go beyond “ethical dilemma” (and even that seems like a stretch for you)?

            • roguetrick@kbin.social
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              1 year ago

              in that hypothetical

              As in, the poster making an argument that he had the right to handle documents however he wanted

              I don’t believe he had that right

              As in, I don’t think he was able to do that.

              Are you people fucking this dense? I am not a trump supporter.

                • roguetrick@kbin.social
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                  1 year ago

                  I think you may have, since as you can see by the quotes my comment has about zero relevance to Hillary and is in response to a hypothetical and not my feelings on the case as a whole.

                  • prole@sh.itjust.works
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                    1 year ago

                    Ohhh hey. I recognize that username.

                    Isn’t it interesting how, when a community is much smaller, we can often remember who the nice folks are. The ones who usually add interesting context, those who make actual funny posts and comments. People who bring actual professional knowledge and insight into interesting conversations…

                    Then you have the other side of the coin. The names you recognize for the bad reasons… Welcome to that list, bud.

          • MotoAsh@lemmy.world
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            1 year ago

            Your brain is mush. You are literally too stupid to understand, “don’t betray the US by giving away secrets.”

            You are truly beyond pathetic.

            • roguetrick@kbin.social
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              1 year ago

              I see that you still have no idea what the hell I was talking about, but you still consider yourself superior.

          • originalucifer@moist.catsweat.com
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            1 year ago

            the guy literally signed a piece of paper that said what would happen if he did not return those specific documents, whether he declared them secret or not.

            its not about th ‘secret’ part of it.

            its that he signed a legal document regarding responsibility, and orangina over there still thinks, like you do it appears, it has anything to do with anything be marked ‘secret’

            ‘top secret’ is irrelevant with regards to this document case.

      • IphtashuFitz@lemmy.world
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        1 year ago

        When he was within his term of office then as POTUS he could reveal classified information to anybody if he felt it was appropriate. Previous presidents have done precisely this, disclosing classified information during state of the union addresses, etc. The important thing to keep in mind here is that the material actually remains classified. Just because the POTUS mentioned something classified it doesn’t mean everybody in the White House, military, CIA, etc. are now free to talk about it as well.

        At the same time he could declassify specific material, typically via an executive order. The key is that this is a formal process with a paper trail that lets all the appropriate governmental agencies, departments, etc know precisely what is being declassified. He can’t just verbally say something like “this box of papers is now declassified”. At the very least there would need to be a printed list of exactly what is in the box.

        The minute Trump left office he lost the ability to perform both these things. At that point he’s basically considered a civilian with a security clearance. He can have access to appropriate classified material, but he’s not at liberty to disclose any of it.

      • prole@sh.itjust.works
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        1 year ago

        Care to answer the other gentleman (or gentlewoman/gentleperson)'s question?

        I’ll even post it here again to remind you in case you forgot:

        how Hilary’s emails were a crime but the literal theft of top secret documents is just an ethical dilemma?

        Or are you still waiting for your email with the updated talking points?

        • roguetrick@kbin.social
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          1 year ago

          Why the fuck do you think I give a shit about Hilary’s emails? You seem to have confused me, an anti-fascist socialist, for a Trump supporter.

      • Rakonat@lemmy.world
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        1 year ago

        Remind me again how Hilary’s emails were a crime but the literal theft of top secret documents is just an ethical dilemma?

        • elvith@feddit.de
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          1 year ago

          Maybe, just maybe this depends on which political party / person is doing the thing?

        • roguetrick@kbin.social
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          1 year ago

          I was talking about this guy’s actual legal arguments about hypothetical administrative powers of the presidency. I do not give a shit about Hillary’s emails and I did feel that what trump did was illegal.

          • Madison420@lemmy.world
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            1 year ago

            You have to, they can’t start a criminal investigation if they didn’t think it was a crime. Both crimes are just as equally “administrative”.

            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 … Often and as the need presents.

            • roguetrick@kbin.social
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              1 year ago

              No, I’m talking about law. Administrative law is set by the administrative branch of the government as delegated by congress. It’s 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 can’t 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.

              • Madison420@lemmy.world
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                1 year ago

                If it’s a law they have a legal duty, your hedging doesn’t particularly make sense.

                legal

                1 of 2

                adjective

                le·​gal ˈlē-gəl 

                Synonyms of legal

                1

                : of or relating to law

                She has many legal problems.

                2

                a

                : deriving authority from or founded on law : DE JURE

                a legal government

                b

                : having a formal status derived from law often without a basis in actual fact : TITULAR

                a corporation is a legal but not a real person

                c

                : established by law

                especially : STATUTORY

                the legal test of mental capacity—K. C. Masteller

                3

                : conforming to or permitted by law or established rules

                The referee said it was a legal play.

                Fishing in this lake is legal.

                4

                : recognized or made effective by a court of law as distinguished from a court of equity

                5

                : of, relating to, or having the characteristics of the profession of law or of one of its members

                a bottle … that some legal friend had sent him—J. G. Cozzens

                6

                : created by the constructions of the law

                A legal fiction is something assumed in law to be a fact regardless of the truth of that assumption.

                legal

                2 of 2

                noun

                : one that conforms to rules or the law

                • roguetrick@kbin.social
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                  1 year ago

                  I’m not getting into semantics, I’m talking about the original post I replied to, namely

                  he has a clear duty to protect their secrecy

                  Which is talking about a duty in derived sense, not a codified duty.

                  • Madison420@lemmy.world
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                    1 year ago

                    He does, nothing you’ve 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.

        • originalucifer@moist.catsweat.com
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          1 year ago

          you should stop using ‘top secret’, because its almost irrelevant and bad actors are grabbing onto it like it has substance.

          hes being prosecuted for document mishandling, regardless of ‘top secret’ status. their secret status is irrelevant (technically, not morally).

          • Madison420@lemmy.world
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            1 year ago

            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.

        • roguetrick@kbin.social
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          1 year ago

          Penalty for breaching that oath is impeachment. That’s not a codified measure, and why a whole lot of the arguments are based on administrative law, norms, and exactly how the president makes new administrative law. If it was codified, it’d be a different story.

          • Madison420@lemmy.world
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            1 year ago

            You cannot take them oath again if you violate it. He can run but he cannot take office nor enter his name onto official election rolls.

          • TheSanSabaSongbird@lemdro.id
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            1 year ago

            No it’s not. What do you imagine the entire Florida case to be about if not the illegal handling of classified documents? This is a matter of public record and can be confirmed on a huge variety of news sources.

            • roguetrick@kbin.social
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              1 year ago

              I think it’s about breaching administrative policies and procedures in the handling of classified materials with penalties based on the codified law delegating those procedures to the executive. What I don’t believe it its based on concepts of legal duty derived from things like the oath of office.