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Aug 14 2022 07:01pm
Quote (Goomshill @ Aug 14 2022 05:38pm)
So what's supposed to be the legal counterargument to the president having a constitutional plenary power of classification? There's no legal authority to challenge a president's methods or claims, he is the authority from which it derives. Not only could Trump have a standing order to declassify documents he takes, but just his actions themselves have implicit authorization. Prosecutors have no grounds to pursue a president for exercising his own authority under the constitution, nor can congress pass a law restricting it, nor can any executive branch guidance or formality restrict the power of the president from which it derives. So as far as I can tell, the only plausible case that could be brought against Trump would have to solely rest upon Joe Biden's authority as his successor. If Trump could claim files were declassified under his authority, Biden could claim files were classified under his authority. In effect, one president could condemn his predecessor by arbitrary decree, in the true stylings of ancient tyrants passing damnatio memoriae


no he can't declassify the documents in perpetuity in his head that nobody knows about.. You keep posting that.
AND the documents at his residence are an issue with or without classification.
and the claim that Biden can "re classify" is just as stupid

This post was edited by theCrossbones on Aug 14 2022 07:02pm
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Aug 14 2022 07:10pm
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Aug 14 2022 07:13pm
Quote (fender @ Aug 14 2022 06:10pm)

That's not the only reason. He just wants to accuse.

This post was edited by JessiWan on Aug 14 2022 07:14pm
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Aug 14 2022 07:18pm
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Aug 14 2022 07:20pm
faux news, breitbart, truth social... they're all radicalising unstable trumpublicans. they weren't lying when they admitted they are all domestic terrorists...

Quote (fender @ 15 Aug 2022 03:18)


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Aug 14 2022 07:20pm
Quote (theCrossbones @ Aug 14 2022 08:01pm)
no he can't declassify the documents in perpetuity in his head that nobody knows about.. You keep posting that.
AND the documents at his residence are an issue with or without classification.
and the claim that Biden can "re classify" is just as stupid


"No he can't" isn't an argument.
The constitution lays out powers that belong to the president. Its clear from court precedent that when the president possesses absolute powers, their execution is entirely up to him. Whatever procedures exist, serve only to formalize those powers, they can't restrict them. If the president says he's declassified something, he's declassified it, full stop. And while there's no formal court precedent, the weight of established law sides firmly with the argument that classification of documents is one of those plenary powers which derive directly from the president's constitutional authority. And thus cannot be infringed.
That's an argument.

I'm asking what the counterargument to that is. And "biden can re classify" is a stupid counteragument, but its a valid one. Biden possesses that authority now, if Trump had power over classification then, Biden does now. And that would lead to a situation where Biden is simply condemning his predecessor by edict like a tyrant. If you have another, less despotic argument to contradict Trump's claim of presidential authority, it would be good to hear it.
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Aug 14 2022 07:23pm
Quote (Goomshill @ 15 Aug 2022 03:20)
"No he can't" isn't an argument.
The constitution lays out powers that belong to the president. Its clear from court precedent that when the president possesses absolute powers, their execution is entirely up to him. Whatever procedures exist, serve only to formalize those powers, they can't restrict them. If the president says he's declassified something, he's declassified it, full stop. And while there's no formal court precedent, the weight of established law sides firmly with the argument that classification of documents is one of those plenary powers which derive directly from the president's constitutional authority. And thus cannot be infringed.
That's an argument.

I'm asking what the counterargument to that is. And "biden can re classify" is a stupid counteragument, but its a valid one. Biden possesses that authority now, if Trump had power over classification then, Biden does now. And that would lead to a situation where Biden is simply condemning his predecessor by edict like a tyrant. If you have another, less despotic argument to contradict Trump's claim of presidential authority, it would be good to hear it.


he was told to return the stuff previously. he had time to do that. nuclear secrets aren't memorabilia. he stole them for a reason, or maybe 2 billion reasons... stop making excuses for a traitor.
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Aug 14 2022 07:25pm
Quote (fender @ Aug 14 2022 06:20pm)
faux news, breitbart, truth social... they're all radicalising unstable trumpublicans. they weren't lying when they admitted they are all domestic terrorists...


Dont lump everybody into one group. The only terrorists are the ones who actually carried out acts of violence. Everybody else is just a dissenter.
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Aug 14 2022 08:12pm
Quote (fender @ Aug 14 2022 08:23pm)
he was told to return the stuff previously. he had time to do that. nuclear secrets aren't memorabilia. he stole them for a reason, or maybe 2 billion reasons... stop making excuses for a traitor.


Nobody has authority to "tell him". He is free to cooperate willingly in good faith. Again, the clear argument is that the president has the plenary power of classifications of documents. Its an argument from precedent set all the way back to George Washington's refusal to turn over documents to congress concerning the Jay Treaty in 1796, its an argument supported by court rulings in Navy v Egan and EPA v Mink, and even outside of this limited scope of criminal liability it has been a significant area of power struggle between congress and the president when it comes to the disclosure of national security information in multiple past precedents, in which numerous administrations cited that same plenary authority.

So again, I'm asking if anyone has read or dreamed up their own counterargument to this point.
The very first step in debunking a claim should be to create at least a plausible counterclaim. But we can't even get to that step.
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Aug 14 2022 08:21pm
Here’s the question: how can it simultaneously be planted documents and declassified at the same time? Answer: it can’t.

You may try to argue technicalities but those aren’t based on the facts of what we know occurred and the statements by the Cheeto himself.
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