UPDATE: Two Days After Proof Framed the D.C. Documents Dustup As Concerning Federal Regulations Regarding NARA and VPOTUSes, a Second VPOTUS Is Snared By the “NARA Trap”
UPDATE: Two Days After Proof Framed the D.C. Documents Dustup As Concerning Federal Regulations Regarding NARA and VPOTUSes, a Second VPOTUS Is Snared By the “NARA Trap”
Proof presaged today’s major breaking news: that draconian federal regulations regarding NARA and vice presidents all but ensure outgoing vice presidents will accidentally retain sensitive documents.
Great article and clarity on the differences between the handling of classified document between VP's Pence and Biden, in comparison to ex-POTUS Trump.
- Inadvertent vs. Intentional placement of documents.
- Performed by others without NARA guidance and assistance vs. personally overseen in opposition to and rejection of available NARA assistance and guidance.
- Full cooperation in ascertaining inadvertent placement vs. false claims of ownership, misrepresentation to obstruct the return of classified documents, refusal of cooperation for over a year which ultimately required a search warrant to seize the unlawful possession of the documents.
- Incidental amount of a relatively few classified documents vs. a personally overseen effort to carefully select documents; and a planned removal and theft of a massive amount of documents.
- No history of accepting foreign bribes or ethical violations vs. a long history of doing business with foreign dictators, ethical violations, and accepting bribes as the POTUS and previously!
Note: this sale occurred at the peak of the Great Recession, when U.S property values had been reduced as much as 50%. Seller and buyer by statements and behavior treated the property as land value only, which would make a sale even more difficult, in terms of financing and limited buyer appeal, not to mention the price tag. In financial markets, B of A stock had fallen from the mid-thirties to less than $4 per share. Impacted by the real estate depression and a recent bankruptcy of his casino ownership, Trump needed either a loan, a sale, or a gift. A sale was clearly not a possibility at anything near the price that was paid by the Russian oligarch, who had no intention of living in or developing the property. A loan from an institutional lender wasn't available either because the property wouldn't have appraised even for what Trump paid in 2004. At one point Trump claimed he spent 25 million on renovation but that was a lie. He had the fixtures painted gold with gold paint color. It was time to ask Putin for a favor that wouldn't need to be disclosed as s loan from a foreign entity, especially if a Presidential bid was on the horizon.
Even with all of the inflation between 2008 and 2019 (the date of the sale of the third and final lot) the buyer didn't even break even, after the demolition of the existing home which was infected with mold, and featured deferred maintenance and functional obsolesce. The expense of subdividing the lot, covering expenses until the sale of the third lot, and paying real estate commissions yielded buyer a net profit from the deal of zero after investing over $100,000,000 for 11 years. The lack of return on the investment confirms the sale was very different from miraculous. The only remaining question was whether the sale was gift, a personal loan disguised as a sale, or an I owe you to be paid at some future date?
Putin would have never tried to take all of Ukraine, but not for Trump's unexplained foreign policy of Russian appeasement, or as Trump would always repeat from day one: "...getting along with Russia is a good thing, not a bad thing." What he didn't say is it was only a good thing for Trump and Putin.
History of legal battle between Trump and the Justice Department:
The question I have had for some time is this - what responsibility does the person/persons have who releases sensitive documents to insure they are received back again. When I sign out a library book, the library knows who has it and reminds me if I fail to return it within a specified period of time. My library book is not a sensitive document, but it seems it is better tracked.
I'm a great believer that with critically important processes there must be a backup to ensure the critical process is completed.
In addition to changing NARA's role, I think an effective yet simple solution would be for the FBI, after POTUS and VPOTUS leave office, to thoroughly search all properties of the two departing execs. If anything is found, no fault is assigned. Any documents found after this search are a problem for the individual. How much of a problem? Depends on the type, number, etc. An assumption would be that the exec purposely retained that document.
Good suggestion, Patricia. To go one step further, all material in the process of being conveyed out of the WH at any time during the Presidential term, by anyone, must be inspected before it leaves the WH--no exceptions. This would be a full-time job, I'm sure, but it might be more efficient than some retro warrants, searches, seizures, legal entanglements, etc., long after the horse has left the barn and the documents or their content have been shared with others with no authority to be privy to classified information.
This would catch the error before it occurs, however the sheer volume of paper the White House handles might make this unmanageable in practice. We are, after all, only after the classified documents. Imposing a burdensome process because of the nefarious intent of one person may be viewed as an overreaction.
I strongly disapprove of the idea of law enforcement searching all breakables, every book, all highly personal items, any minor children's clothes, all old family correspondence, every long-ago childhood photo album, any precious textiles, all fragile antiques, etc., at any former V.P.'s residence just because his or her term ended. Far, far better to have the NARA documents assistance available during the V.P.'s term in office & then extra assistance available throughout the time of packing when the Administration's term ends.
Full agreement with Deborah whose point is correct in the extreme. Also, this on/off occasional *Special Prosecutor* situation, valid (Nixon & Trump) nonsense (Clinton & Biden) is unwieldy and dangerous. Had McConnell been prohibited from deciding at Impeachment 2 (Trump) that "Nope, I`ve heard enough..We Kentuckians don't need no more witnesses.." The January insurrection may not have happened. That 5th grader level decision both turbocharged MAGAN sloganeers, & gave Trump grandiose ideas re stocking his private library with something besides speeches from Hitler & Hustler magazines with phone #s in the margins.
Indeed! And will Republicans on the House Judiciary Committee want to investigate Pence as they do Biden for , as Gym Jordan wrote, "mishandling of classified documents"?
We believe the subordinates of both VP Biden & Pence, are / were basically honest hard workers with an important short term deadline to vacate the space their guy had worked at. At terms end, a US VP will have a Good Staff. By contrast, we believe Mr Trump plotted, researched & planned (in secret) what papers & records would assist him in private life if only he stole them. We believe he would sell, trade, threaten to reveal facts, etc as long as he'd benefit. We believe Mr Trump always has sought unfair advantage in any human situation because he correctly ascertains he is at a disadvantage in comparison to most others intellectually. After considerable study, our brain trust has concluded that Mr Trump approximates the intellectual capacity equal to that of a large cat or dog. This awful truism is something the bastard can never disguise or escape from, or change.
Your comment about NARA providing outgoing labor is correct. Better yet, there should be NARA and DoJ "auditors" monitoring the packing process. There should be cross party sign offs for each box, on paper AND on the boxes' outside. Our lack of institutional controls is a joke and we CAUSED/ALLOWED THE ISSUE OCCUR. Feds have no one to blame but themselves for lack of this standard operating, simple process of controls. I know many executives who got fired over the years for this exact issue
Great article and clarity on the differences between the handling of classified document between VP's Pence and Biden, in comparison to ex-POTUS Trump.
- Inadvertent vs. Intentional placement of documents.
- Performed by others without NARA guidance and assistance vs. personally overseen in opposition to and rejection of available NARA assistance and guidance.
- Full cooperation in ascertaining inadvertent placement vs. false claims of ownership, misrepresentation to obstruct the return of classified documents, refusal of cooperation for over a year which ultimately required a search warrant to seize the unlawful possession of the documents.
- Incidental amount of a relatively few classified documents vs. a personally overseen effort to carefully select documents; and a planned removal and theft of a massive amount of documents.
- No history of accepting foreign bribes or ethical violations vs. a long history of doing business with foreign dictators, ethical violations, and accepting bribes as the POTUS and previously!
https://www.washingtonpost.com/politics/saudi-funded-lobbyist-paid-for-500-rooms-at-trumps-hotel-after-2016-election/2018/12/05/29603a64-f417-11e8-bc79-68604ed88993_story.html
https://www.politico.com/news/2019/10/02/trump-hotel-empty-rooms-016763
https://www.esquire.com/news-politics/politics/a29343938/president-trump-empty-hotel-room-rentals-bribery/
https://www.palmbeachpost.com/story/news/2020/09/15/trumps-sale-palm-beach-mansion-gains-scrutiny-again/5798386002/
Note: this sale occurred at the peak of the Great Recession, when U.S property values had been reduced as much as 50%. Seller and buyer by statements and behavior treated the property as land value only, which would make a sale even more difficult, in terms of financing and limited buyer appeal, not to mention the price tag. In financial markets, B of A stock had fallen from the mid-thirties to less than $4 per share. Impacted by the real estate depression and a recent bankruptcy of his casino ownership, Trump needed either a loan, a sale, or a gift. A sale was clearly not a possibility at anything near the price that was paid by the Russian oligarch, who had no intention of living in or developing the property. A loan from an institutional lender wasn't available either because the property wouldn't have appraised even for what Trump paid in 2004. At one point Trump claimed he spent 25 million on renovation but that was a lie. He had the fixtures painted gold with gold paint color. It was time to ask Putin for a favor that wouldn't need to be disclosed as s loan from a foreign entity, especially if a Presidential bid was on the horizon.
https://www.seattletimes.com/nation-world/why-did-a-russian-pay-95m-to-buy-trumps-palm-beach-mansion/
Even with all of the inflation between 2008 and 2019 (the date of the sale of the third and final lot) the buyer didn't even break even, after the demolition of the existing home which was infected with mold, and featured deferred maintenance and functional obsolesce. The expense of subdividing the lot, covering expenses until the sale of the third lot, and paying real estate commissions yielded buyer a net profit from the deal of zero after investing over $100,000,000 for 11 years. The lack of return on the investment confirms the sale was very different from miraculous. The only remaining question was whether the sale was gift, a personal loan disguised as a sale, or an I owe you to be paid at some future date?
https://therealdeal.com/miami/2019/07/08/russian-oligarch-sells-last-piece-of-former-trump-estate-in-palm-beach-for-37m/
https://www.palmbeachdailynews.com/story/lifestyle/real-estate/2019/07/05/updated-exclusive-palm-beach-homes-russian-sells-last-lot-from-trumps-95m-deal-deed-shows/4741731007/
https://abcnews.go.com/Politics/follow-money-senator-probes-trumps-95-million-palm/story?id=52970095
My guess it was an IOU:
https://www.cnn.com/2019/11/17/politics/trump-soft-on-russia/index.html
https://www.youtube.com/watch?v=mBtsNNXjBPw
https://www.economist.com/leaders/2019/10/17/donald-trumps-betrayal-of-the-kurds-is-a-blow-to-americas-credibility
https://foreignpolicy.com/2022/07/08/wagner-group-libya-oil-russia-war/
https://www.middleeasteye.net/fr/news/russia-building-two-new-military-bases-syrian-coast-676169215 (Facing NATO's southern flank)
https://www.chicagotribune.com/columns/steve-chapman/ct-column-trump-oil-deal-gas-pricesi-chapman-20200415-iwwn3cpegngo5krsm6tfdycqvy-story.html
Putin would have never tried to take all of Ukraine, but not for Trump's unexplained foreign policy of Russian appeasement, or as Trump would always repeat from day one: "...getting along with Russia is a good thing, not a bad thing." What he didn't say is it was only a good thing for Trump and Putin.
History of legal battle between Trump and the Justice Department:
https://www.cbsnews.com/news/trump-documents-mar-a-lago-court-fight-timeline/
https://www.scotusblog.com/2022/10/court-denies-trumps-request-to-intervene-in-mar-a-lago-documents-case/
I wonder how many top secret documents the extreme right insurrectionist are squirreling away right now.
The question I have had for some time is this - what responsibility does the person/persons have who releases sensitive documents to insure they are received back again. When I sign out a library book, the library knows who has it and reminds me if I fail to return it within a specified period of time. My library book is not a sensitive document, but it seems it is better tracked.
I'm a great believer that with critically important processes there must be a backup to ensure the critical process is completed.
In addition to changing NARA's role, I think an effective yet simple solution would be for the FBI, after POTUS and VPOTUS leave office, to thoroughly search all properties of the two departing execs. If anything is found, no fault is assigned. Any documents found after this search are a problem for the individual. How much of a problem? Depends on the type, number, etc. An assumption would be that the exec purposely retained that document.
Good suggestion, Patricia. To go one step further, all material in the process of being conveyed out of the WH at any time during the Presidential term, by anyone, must be inspected before it leaves the WH--no exceptions. This would be a full-time job, I'm sure, but it might be more efficient than some retro warrants, searches, seizures, legal entanglements, etc., long after the horse has left the barn and the documents or their content have been shared with others with no authority to be privy to classified information.
This would catch the error before it occurs, however the sheer volume of paper the White House handles might make this unmanageable in practice. We are, after all, only after the classified documents. Imposing a burdensome process because of the nefarious intent of one person may be viewed as an overreaction.
I strongly disapprove of the idea of law enforcement searching all breakables, every book, all highly personal items, any minor children's clothes, all old family correspondence, every long-ago childhood photo album, any precious textiles, all fragile antiques, etc., at any former V.P.'s residence just because his or her term ended. Far, far better to have the NARA documents assistance available during the V.P.'s term in office & then extra assistance available throughout the time of packing when the Administration's term ends.
Full agreement with Deborah whose point is correct in the extreme. Also, this on/off occasional *Special Prosecutor* situation, valid (Nixon & Trump) nonsense (Clinton & Biden) is unwieldy and dangerous. Had McConnell been prohibited from deciding at Impeachment 2 (Trump) that "Nope, I`ve heard enough..We Kentuckians don't need no more witnesses.." The January insurrection may not have happened. That 5th grader level decision both turbocharged MAGAN sloganeers, & gave Trump grandiose ideas re stocking his private library with something besides speeches from Hitler & Hustler magazines with phone #s in the margins.
My question is whether or not garland will now appoint ANOTHER Special Counsel to investigate christofascist pence.
Indeed! And will Republicans on the House Judiciary Committee want to investigate Pence as they do Biden for , as Gym Jordan wrote, "mishandling of classified documents"?
It is beyond reason why not one cable pundit has invited you to speak to this.
Hell, not even a Sister's In Law podcast.
Thank you fornallmof your hard work and diligence.
I appreciate you!
We believe the subordinates of both VP Biden & Pence, are / were basically honest hard workers with an important short term deadline to vacate the space their guy had worked at. At terms end, a US VP will have a Good Staff. By contrast, we believe Mr Trump plotted, researched & planned (in secret) what papers & records would assist him in private life if only he stole them. We believe he would sell, trade, threaten to reveal facts, etc as long as he'd benefit. We believe Mr Trump always has sought unfair advantage in any human situation because he correctly ascertains he is at a disadvantage in comparison to most others intellectually. After considerable study, our brain trust has concluded that Mr Trump approximates the intellectual capacity equal to that of a large cat or dog. This awful truism is something the bastard can never disguise or escape from, or change.
Thanks. I like to use them science terms a lot!
From your mouth to the ears and eyes of those that need to change things!
Jack Smith UPDATE https://slate.com/news-and-politics/2023/01/trump-special-counsel-jack-smith.html
Out on the cutting edge, as usual, Seth. You nailed it!
Great article
Your comment about NARA providing outgoing labor is correct. Better yet, there should be NARA and DoJ "auditors" monitoring the packing process. There should be cross party sign offs for each box, on paper AND on the boxes' outside. Our lack of institutional controls is a joke and we CAUSED/ALLOWED THE ISSUE OCCUR. Feds have no one to blame but themselves for lack of this standard operating, simple process of controls. I know many executives who got fired over the years for this exact issue
Have you shared any of your knowledge with any of the major media news stations?