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Presidential Records Act and penalties

fantome profane

fantome profane

Anti-Woke = Anti-Justice
Premium Member
Revoltingest said:
Fines are no deterrent to a President. They typically
use their position to rake in many many millions.
Prison sends a message.
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Fines are not much of a deterrent to anyone who has sufficient wealth. There are people who think of a speeding ticket as just paying for the right to go as fast as they want, their “go fast license”.
 
Truth in love

Truth in love

Well-Known Member
sun rise said:
I thought it worthwhile to highlight the law. This article starts with the history of various laws going back to Nixon. This are the key paragraphs

More specific to records, 18 U.S.C. § 2071 makes it a felony to willfully and unlawfully remove, mutilate or destroy—or to attempt to remove, mutilate or destroy—any record deposited in any public office or with any public officer of the United States. That same provision also makes it a felony for anyone having custody of such records to remove, mutilate or destroy those records and imposes severe consequences: a violation requires the individual to “forfeit his office and be disqualified from holding any office under the United States.”


In addition to these provisions, 18 U.S.C. § 1505 makes it a felony for individuals to obstruct congressional investigations.


Under a straightforward reading of any of these statutes, Trump (and those who knowingly helped him destroy presidential records) could well be held liable for violations of criminal law. Note that at least some courts have held that the statutes prohibiting the destruction of public records are specific intent crimes, meaning that violators must know they are breaking the law to be convicted. But that should not be an obstacle here, as reporting indicates Trump and his aides were specifically and repeatedly warned about violating the PRA.

Trump’s Presidential Records Act Violations: Short- and Long-Term Solutions
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Why was it not a problem when others did the same thing?
 
Subduction Zone

Subduction Zone

Veteran Member
Shaul said:
Actually a straightforward reading proves Trump didn’t. Can you provide any proof that Trump willing wanted to violate this?
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There is very strong evidence of this. Weren't you the one that Trump already handed back quite a few documents when he was told that he had to turn them all over? He kept 12 boxes. At that point the ability to say "I did not know" is pretty much gone.
 
Subduction Zone

Subduction Zone

Veteran Member
Nakosis said:
I suspect more likely get a fine.
Wouldn't prevent anyone from running/holding office.
Though as a felon I suppose it be illegal for Trump to vote for himself.
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Read the law once again. One of the punishments is the inability to ever hold public office again.
 
Shaul

Shaul

Well-Known Member
Premium Member
Subduction Zone said:
There is very strong evidence of this. Weren't you the one that Trump already handed back quite a few documents when he was told that he had to turn them all over? He kept 12 boxes. At that point the ability to say "I did not know" is pretty much gone.
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President Trump allowed government inspectors access to the documents he had and invited them to take what they wanted. They could have taken the materials. Since they didn’t, and since he demonstrated that he wanted to be in compliance, that is proof he didn’t not intend to violate the Act. At this point saying he wanted to violate the Act is what is gone.
 
Subduction Zone

Subduction Zone

Veteran Member
Shaul said:
President Trump allowed government inspectors access to the documents he had and invited them to take what they wanted. They could have taken the materials. Since they didn’t, and since he demonstrated that he wanted to be in compliance, that is proof he didn’t not intend to violate the Act. At this point saying he wanted to violate the Act is what is gone.
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Sorry, but your claim makes no sense at all He was not allowed to take any of the documents. Citation needed.
 
Suave

Suave

Simulated character
Twilight Hue said:
Hillary isn't concerned. Neither will Trump be.
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I'd bet there's a pretty good chance Trump is currently under investigation of violating Federal Code Title18 Section 2701. Whereas I doubt Hillary is being investigated as such. If Trump were to be charged and convicted of removing or concealing federal documents, then he would be the one who gets banned by law from running for President.
 
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