# The Memo: Trump’s Legal Defenses Draw Derision — Even From Some Conservatives
## Metadata
- Author:: [[Niall Stanage]]
- Full Title:: The Memo: Trump’s Legal Defenses Draw Derision — Even From Some Conservatives
- Category: #articles
- URL: https://thehill.com/news/campaign/4054037-memo-trumps-legal-defenses-draw-derision/?email=39b2e4b60d304c3269c22d31bb0d9388ea129d18&emaila=20157e7f05d729ddd4a6df5f604c5f3a&emailb=edbbca36fa3d04ea293bb3cea72f927bf770fe4e4b104a12682c292664205024&utm_source=Sailthru&utm_medium=email&utm_campaign=Saturday%20tipsheet
## Highlights
> Trump’s counterblasts have often been rooted more in politics rather than law ([View Highlight](https://read.readwise.io/read/01h34zzwcyhtezsa66v7q2hhfz))
> notably, Biden and Pence immediately turned over the records upon discovering them, while Trump sought to retain his over a long period — and, eventually, in the face of a subpoena. ([View Highlight](https://read.readwise.io/read/01h3500jhkx270vj4j1zxvt1zf))
> One, former federal judge Michael Luttig, tweeted on the day of Trump’s arraignment, “There is not an Attorney General of either party who would not have brought today’s charges against the former president.” ([View Highlight](https://read.readwise.io/read/01h3500rk7hs5q9spjf0pndc7q))
#### Does the Presidential Records Act mean it’s OK for Trump to have had the documents?
> Trump’s argument here appears to be that he could declare almost anything he liked as personal material, putting it beyond the reach of the National Archives and Records Administration (NARA) and the rest of the government.
> Almost no one outside of Trump’s circle believes this to be true, at least in the way Trump frames it. ([View Highlight](https://read.readwise.io/read/01h350294c44x5gvsh1v0m8905))
> The Presidential Records Act (PRA) states plainly that “the United States shall reserve and retain complete ownership, possession, and control of Presidential records.” ([View Highlight](https://read.readwise.io/read/01h3502h20ersz7xdmy52m9jxx))
> It further distinguishes between presidential records and personal records, putting into the latter category only materials “of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the … duties of the President.” Examples in this category include personal diaries or journals. ([View Highlight](https://read.readwise.io/read/01h35034m11zxvpaapwcxhy8qr))
#### Does the ‘Clinton Socks’ case provide a beneficial precedent for Trump?
> In summary, former President Clinton gave interviews while in office to historian Taylor Branch for a later oral history of his presidency. The tapes were never defined as presidential records, so NARA never sought to take possession of them — exactly the opposite of the facts in Trump’s case. ([View Highlight](https://read.readwise.io/read/01h3506pj673z39kjt9vcvzbr7))
#### Did Trump have unconditional classification authority as president?
> Firstly, the idea the president can declassify documents with his mind, telling no one about it, is derided by most legal experts. ([View Highlight](https://read.readwise.io/read/01h35083x9083aknvctg6jhjm9))
> Secondly, no evidence has yet been produced to support the claim Trump declassified the specific documents in question. ([View Highlight](https://read.readwise.io/read/01h3508c9cbwd70y92ve2vaf72))
> Thirdly, and perhaps most importantly, the indictment includes details of a recorded conversation Trump allegedly had in July 2021 at Bedminster with a writer, a publisher and two aides. During that conversation, Trump is alleged to have shown a “plan of attack” that had been prepared for him by the Pentagon. ([View Highlight](https://read.readwise.io/read/01h3508rj0xjd79nwmj9zhmzkc))
> According to the indictment, Trump said the plan was “highly confidential” and added, “As president, I could have declassified it.”
> He allegedly continued, “Now I can’t, you know, but this is still a secret.” ([View Highlight](https://read.readwise.io/read/01h35090h8rwbrzbhc8j7tp6xh))
> If he had this magic power that swept over all the documents, that would not have been the case.” ([View Highlight](https://read.readwise.io/read/01h3509f8mgygy8xh3hr7zjkjz))
# The Memo: Trump’s Legal Defenses Draw Derision — Even From Some Conservatives
## Metadata
- Author:: [[Niall Stanage]]
- Full Title:: The Memo: Trump’s Legal Defenses Draw Derision — Even From Some Conservatives
- Category: #articles
- URL: https://thehill.com/news/campaign/4054037-memo-trumps-legal-defenses-draw-derision/?email=39b2e4b60d304c3269c22d31bb0d9388ea129d18&emaila=20157e7f05d729ddd4a6df5f604c5f3a&emailb=edbbca36fa3d04ea293bb3cea72f927bf770fe4e4b104a12682c292664205024&utm_source=Sailthru&utm_medium=email&utm_campaign=Saturday%20tipsheet
## Highlights
> Trump’s counterblasts have often been rooted more in politics rather than law ([View Highlight](https://read.readwise.io/read/01h34zzwcyhtezsa66v7q2hhfz))
> notably, Biden and Pence immediately turned over the records upon discovering them, while Trump sought to retain his over a long period — and, eventually, in the face of a subpoena. ([View Highlight](https://read.readwise.io/read/01h3500jhkx270vj4j1zxvt1zf))
> One, former federal judge Michael Luttig, tweeted on the day of Trump’s arraignment, “There is not an Attorney General of either party who would not have brought today’s charges against the former president.” ([View Highlight](https://read.readwise.io/read/01h3500rk7hs5q9spjf0pndc7q))
#### Does the Presidential Records Act mean it’s OK for Trump to have had the documents?
> Trump’s argument here appears to be that he could declare almost anything he liked as personal material, putting it beyond the reach of the National Archives and Records Administration (NARA) and the rest of the government.
> Almost no one outside of Trump’s circle believes this to be true, at least in the way Trump frames it. ([View Highlight](https://read.readwise.io/read/01h350294c44x5gvsh1v0m8905))
> The Presidential Records Act (PRA) states plainly that “the United States shall reserve and retain complete ownership, possession, and control of Presidential records.” ([View Highlight](https://read.readwise.io/read/01h3502h20ersz7xdmy52m9jxx))
> It further distinguishes between presidential records and personal records, putting into the latter category only materials “of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the … duties of the President.” Examples in this category include personal diaries or journals. ([View Highlight](https://read.readwise.io/read/01h35034m11zxvpaapwcxhy8qr))
#### Does the ‘Clinton Socks’ case provide a beneficial precedent for Trump?
> In summary, former President Clinton gave interviews while in office to historian Taylor Branch for a later oral history of his presidency. The tapes were never defined as presidential records, so NARA never sought to take possession of them — exactly the opposite of the facts in Trump’s case. ([View Highlight](https://read.readwise.io/read/01h3506pj673z39kjt9vcvzbr7))
#### Did Trump have unconditional classification authority as president?
> Firstly, the idea the president can declassify documents with his mind, telling no one about it, is derided by most legal experts. ([View Highlight](https://read.readwise.io/read/01h35083x9083aknvctg6jhjm9))
> Secondly, no evidence has yet been produced to support the claim Trump declassified the specific documents in question. ([View Highlight](https://read.readwise.io/read/01h3508c9cbwd70y92ve2vaf72))
> Thirdly, and perhaps most importantly, the indictment includes details of a recorded conversation Trump allegedly had in July 2021 at Bedminster with a writer, a publisher and two aides. During that conversation, Trump is alleged to have shown a “plan of attack” that had been prepared for him by the Pentagon. ([View Highlight](https://read.readwise.io/read/01h3508rj0xjd79nwmj9zhmzkc))
> According to the indictment, Trump said the plan was “highly confidential” and added, “As president, I could have declassified it.”
> He allegedly continued, “Now I can’t, you know, but this is still a secret.” ([View Highlight](https://read.readwise.io/read/01h35090h8rwbrzbhc8j7tp6xh))
> If he had this magic power that swept over all the documents, that would not have been the case.” ([View Highlight](https://read.readwise.io/read/01h3509f8mgygy8xh3hr7zjkjz))