ā€œOf course they did! They may have been the boxes etc. that were openly and plainly brought from the White House, as is my right under the Presidential Records Act,ā€ Trump posted on social media.

  • Madison420@lemmy.world
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    1 year ago

    You have to, they canā€™t start a criminal investigation if they didnā€™t think it was a crime. Both crimes are just as equally ā€œadministrativeā€.

    Similarly all of our foundational documents are living documents so a penalty just needs to be issued and precedent would be set. No one legitimately expected such a fucking masturbatory love of a document the writers of specifically said to change ā€¦ Often and as the need presents.

    • roguetrick@kbin.social
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      1 year ago

      No, Iā€™m talking about law. Administrative law is set by the administrative branch of the government as delegated by congress. Itā€™s not codified, but is the policy and procedures of those administrative bodies, which has the force of law. Breaching those policies and procedures, which is what Trump did, is in violation of administrative law.

      A legal duty is a more nebulous concept that is generally based on legal precedent. Usually has to do with something related to torts. You canā€™t just take someone to court for an novel legal duty and expect that to magically stick criminally. It needs to be codified by congress or created in administrative law first.

      • Madison420@lemmy.world
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        1 year ago

        If itā€™s a law they have a legal duty, your hedging doesnā€™t particularly make sense.

        legal

        1 of 2

        adjective

        leĀ·ā€‹galĀ Ėˆlē-gəlĀ 

        Synonyms ofĀ legal

        1

        :Ā of or relating to law

        She has manyĀ legalĀ problems.

        2

        a

        :Ā deriving authority from or founded on lawĀ :Ā DE JURE

        aĀ legalĀ government

        b

        :Ā having a formal status derived from law often without a basis in actual factĀ :Ā TITULAR

        a corporation is aĀ legalĀ but not a real person

        c

        :Ā established by law

        especiallyĀ :Ā STATUTORY

        theĀ legalĀ test of mental capacityā€”K. C. Masteller

        3

        :Ā conforming to or permitted by law or established rules

        The referee said it was aĀ legalĀ play.

        Fishing in this lake isĀ legal.

        4

        :Ā recognized or made effective by a court of law as distinguished from a court of equity

        5

        :Ā of, relating to, or having the characteristics of the profession of law or of one of its members

        a bottle ā€¦ that someĀ legalĀ friend had sent himā€”J. G. Cozzens

        6

        :Ā created by the constructions of the law

        AĀ legalĀ fiction is something assumed in law to be a fact regardless of the truth of that assumption.

        legal

        2 of 2

        noun

        :Ā one that conforms to rules or the law

        • roguetrick@kbin.social
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          1 year ago

          Iā€™m not getting into semantics, Iā€™m talking about the original post I replied to, namely

          he has a clear duty to protect their secrecy

          Which is talking about a duty in derived sense, not a codified duty.

          • Madison420@lemmy.world
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            1 year ago

            He does, nothing youā€™ve offered implies or states otherwise.

            No, it has to do with a law or rather a series of them an oath to office and an oath to maintain national secrets.

            • roguetrick@kbin.social
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              1 year ago

              Thatā€™s the definition of a derived duty, and it isnā€™t what Iā€™d call ā€œlaw.ā€

              • Madison420@lemmy.world
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                1 year ago

                18 usc 1924 Is a law that created a duty, a legal duty.

                (a)

                Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containingĀ classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.

                You say you donā€™t want to play semantics but thatā€™s your entire argument.

                • roguetrick@kbin.social
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                  1 year ago

                  You actually donā€™t understand my argument. What youā€™re talking about now is WHY I think trump broke the law. It has nothing to do with oaths of office. Oaths of office do NOT create a legal duty. That code, as well as the administrative law around

                  without authority

                  from that code is what creates a legal duty.

                  • Madison420@lemmy.world
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                    1 year ago

                    I understand your argument, donā€™t be patronizing.

                    No I donā€™t care what you think about Trump or if he broke the law.

                    It does, you swear to follow the law they make you take it specifically so they can increase penalties, it quite literally increases legal responsibility.