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August 18, 2022
In 2012, Hyperpartisan Liberal Judge Amy Jackson Brennan Ruled That President Clinton Had Far-Reaching Discretion to Decide Which of His Documents Were Personal Records, and Which Were Official RecordsIf this sounds as if it is potent precedent which will avail Trump greatly, stop dreaming; this is a Democrat-Only Rule. Judge Brennan will have no problem at all deciding that this doesn't apply to Trump, citing the case of BecuzISedSo vs. Nunya Business. The main thrust of the ruling is not relevant to Trump's case. But... But Jackson's ruling -- along with the Justice Department's arguments that preceded it -- made some other sweeping declarations that have more direct relevance to the FBI's decision to seize handwritten notes and files Trump took with him to Mar-a-Lago. The most relevant is that a president's discretion on what are personal vs. official records is far-reaching and solely his, as is his ability to declassify or destroy records at will. Many of the documents seized by the government are things like Trump making a note on a napkin or making note on a copy of the page of a briefing book, which the government is claiming is an "official record." But obviously these can also be seen as personal records. And Amy Brennan Jackson ruled, when a Democrat she voted for was being sued, that the president had the "sole discretion" to categorize the two. And she went further still. The judge noted a president could destroy any record he wanted during his tenure and his only responsibility was to inform the Archives. More: ... I've heard it explained that this is a civil action -- they're just using the criminal remedy of a criminal search warrant as a remedy. Which is... odd. And, of course:
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