ā€œOf 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.

  • roguetrick@kbin.social
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    1 year ago

    I was talking about this guyā€™s actual legal arguments about hypothetical administrative powers of the presidency. I do not give a shit about Hillaryā€™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 canā€™t start a criminal investigation if they didnā€™t think it was a crime. Both crimes are just as equally ā€œadministrativeā€.

      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.

      • roguetrick@kbin.social
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        1 year ago

        No, Iā€™m talking about law. Administrative law is set by the administrative branch of the government as delegated by congress. Itā€™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 canā€™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 itā€™s a law they have a legal duty, your hedging doesnā€™t particularly make sense.

          legal

          1 of 2

          adjective

          leĀ·ā€‹galĀ Ėˆlē-gəlĀ 

          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 capacityā€”K. 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 himā€”J. 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

          • roguetrick@kbin.social
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            1 year ago

            Iā€™m not getting into semantics, Iā€™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 youā€™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.

              • roguetrick@kbin.social
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                1 year ago

                Thatā€™s the definition of a derived duty, and it isnā€™t what Iā€™d call ā€œlaw.ā€

                • Madison420@lemmy.world
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                  1 year ago

                  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 donā€™t want to play semantics but thatā€™s your entire argument.

                  • roguetrick@kbin.social
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                    1 year ago

                    You actually donā€™t understand my argument. What youā€™re talking about now is WHY I think trump broke the law. It has nothing to do with oaths of office. Oaths of office do NOT create a legal duty. That code, as well as the administrative law around

                    without authority

                    from that code is what creates a legal duty.