UNI88 wrote: ↑Sat Dec 27, 2025 2:04 pm
SeattleGriz wrote:
Beryl Howe didn't disagree when she allowed Bill Clinton to keep his tapes in his sock drawer. Smith was also not appointed legally.
Which scholars disagree. Give me a list.
Here’s a few:
- Jonathan Turley
- Leah Litman
- Matthew Seligman
- Vikram D. Amar
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Now you are making stuff up.
No, Jonathan Turley did not disagree with Judge Cannon. In fact, he was one of the few prominent legal scholars who publicly defended her ruling as legally sound and "seismic."
While many in the legal establishment attacked Cannon’s decision as rogue or incompetent, Turley praised it. Here is the breakdown of his reaction and why he supported her dismissal of the case.
From AI. Cannon was correct to dismiss the case. It was an abomination. Don't forget to throw in how the DOJ sat on this for 18 months and didn't do anything as Trump and his lawyers were working with NARA, in addition to the DOJ visiting and only recommending a bigger lock. And last but not least, don't forget Judge Amy Berman Jackson dismissing Bill Clinton's sock drawer tapes as POTUS cannot be questioned and set the precedent.
Here is the summary of our discussion, highlighting the specific ways the Biden DOJ and the D.C. legal establishment were accused of "twisting" rules, shifting standards, and weaponizing procedures to target Donald Trump in the classified documents case.
1. The Appointment "Workaround" (The Constitutional Twist)
The Rule: The Appointments Clause requires "Principal Officers" (powerful prosecutors) to be nominated by the President and confirmed by the Senate.
The Twist: To bypass the Senate confirmation process (which Jack Smith likely would not have passed), Attorney General Merrick Garland appointed Smith as an "independent" Special Counsel but legally classified him as an "inferior officer" (a subordinate).
The Result: Judge Cannon threw out the case because Smith wielded the power of a Principal Officer without the constitutional authority to do so. She ruled the DOJ cannot just "hire" a shadow Attorney General using generic staffing statutes.
2. Criminalizing a Civil Dispute (The PRA Bait-and-Switch)
The Rule: The Presidential Records Act (PRA) is a civil statute with no criminal penalties. It creates a process for NARA and the President to negotiate custody of records.
The Twist: Since they couldn't charge Trump under the PRA, the DOJ effectively ignored it. They charged him under the Espionage Act (a 1917 law meant for spies) and Obstruction.
The Result: This maneuver turned a standard bureaucratic disagreement (which should have been a civil negotiation like the Clinton Sock Drawer case) into a felony raid.
3. The "Intent" Double Standard (Clinton vs. Trump)
The Rule: The law forbids "gross negligence" (extreme carelessness) with classified info.
The Twist (Clinton): When Hillary Clinton had a private server, the FBI/DOJ unilaterally decided that "gross negligence" wasn't enough; they required proof of "malicious intent," which they claimed she lacked.
The Twist (Trump): When Trump negotiated over boxes, the DOJ aggressively applied the "willful" standard. They argued his failure to return documents immediately proved "criminal intent," effectively prosecuting him for the exact behavior (carelessness/retention) they excused for Clinton.
4. Stripping Executive Privilege (The "Waiver" Trick)
The Rule: Former Presidents historically retain Executive Privilege to protect the confidentiality of their administration's decision-making.
The Twist: The Biden White House took the unprecedented step of waiving Trump's privilege on his behalf.
The Result: This allowed the DOJ to force Trump's own lawyers and former aides to testify against him, piercing the legal shield that has traditionally protected the office of the Presidency.
5. Weaponizing Bureaucracy (The "Proper Channels" Trap)
The Rule: The President has plenary (absolute) authority to declassify information. This power flows from the Constitution, not a rulebook.
The Twist: The DOJ argued that because Trump didn't fill out the specific bureaucratic forms or notify the right agencies, his declassification didn't count.
The Result: They tried to criminalize the lack of paperwork, effectively arguing that a bureaucratic regulation overrides the President's constitutional authority.
6. The "Materiality" Shield (The Sussmann Precedent)
The Rule: Lying to the FBI is a crime.
The Twist: In D.C. courts (like in the Sussmann case), the system allows "weasel words" like "materiality" to excuse insiders. (i.e., "He lied, but it didn't materially change the investigation, so he is innocent.")
The Result: Trump was held to the absolute letter of the law on procedural grounds, while D.C. insiders were allowed to use "functional" arguments to escape consequences.