Quote (Goomshill @ Aug 11 2022 09:55pm)
Well lets see 1) trump took them with him when departing office, which is enough to argue that he implicitly declassified them and 2) there is no legal standard to deny that as former president he's entitled to the classification of materials from his tenure as president 3) none of that should matter
I don't think you are appreciating the overarching point: There is no precedent. There is no law or statute or established doctrine to cover any of this. Its being made up as we go along, and baseless arguments are all the DoJ has, same as Trump. There's no grounding. Because if we were a functional civil society, issues like this would never need to be resolved. When disputes exist, they can be resolved amicably by good faith cooperation, not by sending in the FBI on a raid of a former president's home, not by hashing it out in a courtroom and leaving it up to judges to fill in all the blanks of the constitution with their own bias.
DOJ tried to resolve it amicably by both just asking and by subpeona. Trump still didn't turn over top secret nuclear documents.
Quote (Goomshill @ Aug 11 2022 09:55pm)
and let me guess, anyone making Hitler comparisons is doing it because they just watched Jojo Rabbit
I'm talking about you, who can only seem to reference Beria and literally no other historical figure.
Quote (Goomshill @ Aug 11 2022 09:45pm)
and as long as I get the opening to triple post;
I think the late Antonin Scalia had a good focus on these kinds of constitutional disputes.
The 'constitution' as written by the founding fathers is just a piece of paper. Its just scribbles. America has one, but so does every banana republic, so did the USSR. Didn't stop Beria from running around locking up and murdering dissidents (and raping young girls). The true constitution of America, its structure, its health, is its civil agreement on a shared system of laws. You can't have people trying to apply game theory and min/max every facet of the law to their most exploitative ends or the system simply falls apart, its not resilient, there's no magic to the canon of law. There are plenty of ways to persecute an opposition or a minority or a rival under the color of law, rewriting it, redefining it, selectively applying it. Only when you're willing to be civil can civil society work. Even Donald Trump, for all his lumpy self and posturing and bellicose rhetoric, showed that fiber in the hours after his election, when he turned around and said jk we're not locking her up, forget about Clinton, she's free to go. He didn't try to bring the temple down on her, he didn't weaponize his DoJ to target Obama, he didn't fill a whole wing of a prison with the liberals who demonstrated against him or send storm troopers to break down the door of liberal journalists.
Quote (Goomshill @ Aug 11 2022 03:58pm)
Probably the single most respectable guy in the regime, the one with a most coherent set of convictions and willing to stick to them. Never got around to reading his book though
He stands as a stark contrast to Garland that I keep pointing to. Barr made it his central guidance that the DoJ must consciously avoid politicized investigations and prosecutions, even if they had merit. He was willing to let flagrant criminals like Ilhan Omar off the hook if it meant tamping down on a weaponized DoJ of his predecessors and putting a lid on the series of political circuses that had poisoned their reputation. Then Merrick Garland got the seat and decided to play it like Beria.
Quote (Goomshill @ Aug 8 2022 11:16pm)
Trump demanded his election officials find legal avenues for his challenges. He sought out any legal gimmick or loophole, and found none. That's not abusing his office to stay in power, that's flailing. Its telling that Democrats just spent a prime time programming slot singling out the few hours between the start of the riot and Trump's repeated messages trying to defuse the situation, criticizing him for his brief inaction. That's the most tangible charge leveled at him, that his appropriate response wasn't fast enough. Besides the absolute mile of legal distance between 'non-culpable negligence' and 'incitement', its also an absurdly hypocritical criticism after the George Floyd riots and the response that took days, during which congressional Democrats were cheering on the riots. Trump never incited violence or led a mob, and when a riot did occur, Trump moved to calm them. There's no meat in that burger.
Vain legal chicanery and overblown petty obstructionism are several orders of magnitude removed from the corruption and weaponization of the levers of government. In effect, we're comparing Newt Gingrich to Lavrentiy Beria. There's no comparison to be made. When we're talking about corruption and moral rot, we don't put "hypocrites and partisans" in the same basket as "tyrants and despots". Well, at least if we find out 20 years from now that Merrick Garland was having young girls abducted to his soundproofed dacha, it won't come as a total surprise.
Quote (Goomshill @ Aug 8 2022 07:21pm)
And that's where you're projecting your own hyperpartisanship and embrace of delusional theories onto others. I don't have to justify Trump's "attempt at stealing the 2020 election" because Trump didn't attempt to steal the 2020 election. He threw a hissy fit, he twisted arms and made declarations and all the other trappings of impotent fury. He tried to exhaust every legal option and delaying tactic and find any hint of fraud he could exploit to win back a swing state. And when push came to shove, he left office like he was supposed to. He's free to make all the commentary he wants, he didn't abuse his office to stay in power. And when he was in power, whether by conscious prudence or just providence, he managed to restore sanity at the DoJ under Bill Barr who went out of his way to quash the weaponization and politicization of law enforcement- even to the point of dashing Trump's ambitions.
Merrick Garland's DoJ, on the other hand, has embraced the tactics of Beria. Raid journalists homes in the night. Lock up protesters. Invent new reasons and contrivances to suppress opposition politicians. He's making Hoover look like a chump, why bother with cloak and dagger tactics and campaigns of intimidation and blackmail when you can simply break down their door and throw them in handcuffs? Even if their only 'crime' is being an economist who posits that free trade is a zero sum game.
This post was edited by Sioux on Aug 11 2022 11:00pm