4.5 • 21.8K Ratings
🗓️ 27 August 2022
⏱️ 111 minutes
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0:00.0 | Ladies and gentlemen, the following segment of the podcast is presented exclusively by Hillsdale College. |
0:06.0 | For over 175 years, four purposes have defined Hillsdale's mission, learning character, faith and freedom. |
0:13.4 | Thank you for listening and my sincere appreciation to our brothers and sisters at Hillsdale for their great sponsorship. |
0:20.0 | He's here. Now broadcasting from the underground command post deep in the bowels of a hidden bunker somewhere under the brick and steel of a non-distrib building. |
0:34.0 | We've once again made contact with our leader, Mike LeVan. |
1:34.0 | Hello, America. Mark LeVan here. Our number 877-3813-811. |
1:58.0 | I asked the affidavit largely redacted. What did we learn? Almost nothing. Even before that was made known, I posted something on my various social media platforms that I want to read to you. |
2:18.0 | I think this sums it up. As the ball keeps moving, now it is said that the real issue regarding documents at Mar-a-Lago is possession. |
2:30.0 | That is, a president Trump took documents that belonged to the government the second after he left office. This is as moronic as the rest of the allegations. |
2:42.0 | The former president has the legal right to access any and all of the documents created during his presidency classified or otherwise. |
2:50.0 | Or over the second before he left office by his very actions alone and taking the documents could be said that he classified them. |
3:00.0 | This was discussed at length in 2017 when he handed classified information to the Russian foreign minister. The former president cannot be charged under the Espionage Act of 1917 for this reason and more, including Article 2 Section 1 of the Constitution. |
3:19.0 | In other words, he is the executive branch. He is the commander in chief and is not limited by subordinates or agency regulations in the exercise of this power. |
3:32.0 | There is also a separation of powers, meaning Congress cannot diminish a core power of the presidency by statute. |
3:40.0 | Imagine if he could be charged with endless debates over bureaucratic processes, followed or not, and the impact that would have on the ability of any president to exercise his executive powers. |
3:54.0 | Among other reasons as well, this is why many of us argue that a sitting president cannot be indicted. |
4:00.0 | Obviously, Trump here is a former president, but that gets back to my point about interpreting a president's action upon his departure. |
4:10.0 | Again, it's been said folks that the second he leaves office, those documents become government documents. |
4:17.0 | But that argument is also flipped. |
4:24.0 | The second before he leaves office, he is president. So he removes those documents when he is president, not when he isn't president. |
4:36.0 | And the action, as was largely explained in 2017, is good enough. |
4:44.0 | Now we get the document possession issue. Under the Presidential Records Act of 1978, there are no penalties or enforcement mechanisms. None. |
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