The day after Trump was arraigned in federal court in Miami on 37 counts, mostly involving the Espionage Act, he attended a campaign rally in New Jersey. At that rally, he dismissed the charges against him, which were based on his refusal to return documents to the National Archices, including some that were classified and top-secret. Trump ridiculed the case against him, asserting that the Presidential Records Act allowed him to take with him any documents he wanted. The ruling precedent, he claimed, was the “Clinton socks case,” which was dismissed by a judge.
“Under the Presidential Records Act — which is civil, not criminal — I had every right to have these documents,” Trump said, incorrectly describing the law that has no enforcement mechanism, and which is separate from the federal statutes Trump is actually charged under. “The crucial legal precedent is laid out in the most important case ever on this subject, known as the Clinton socks case.”
What was the Clinton socks case? I had never heard of it.
The Washington Post explained it a few days later.
First, the story pointed out, Trump’s reference to the Presidebtial Records Act as exculpatory for his actions was wrong. Did his lawyers tell him to say so or did he misinterpret what they told him?
Even before he pleaded not guilty on Tuesday, Trump and his legal team have argued that the Presidential Records Act gives the president the right to take any record upon leaving office and declare it personal. In reality, the 1981 law requiring White House documents to be preserved as property of the U.S. government was established, in part, so that presidents could not declare every record to be personal.
Second, his insistence on refusing to return classified documents bore no relation to the Clinton socks case.
When Clinton was elected, he reached out to a college classmate and friend who was a respected historian, Taylor Branch, and invited him to come to the White House periodically and tape record Clinton’s reflections on his presidency. Branch visited 79 times over the eight years of the Clinton presidency and taped their conversations as a running record of the Clinton presidency. He recorded their conversations on two cassette recorders. Clinton kept one set of the tapes, which he kept in his sock drawer.
In 2009, Taylor Branch published The Clinton Tapes, and he told the story of the socks drawer. The conservative organization Judicial Watch sued in 2010 to seek access to the tapes and to have them declared presidential records. A federal judge ruled in 2012 that the tapes were personal and were not presidential records.
A senior official at Jusicial Watch argued in an article in the Wall Street Journal that the Clinton tapes and Trump’s retention of government secrets were analogous.
Taylor Branch scoffed at the claim.
“Judicial Watch lost the case, and it was not a close case,” Branch said. Branch said “it’s amazing” that Trump’s team would cite the “failed case as a precedent for excusing Trump and how he handled classified government documents.”
Trump did not have the right to take classified documents home when he left the presidency. He did not have the power to declassify some of the nation’s most closely guarded secrets. He did have the right to refuse to return them when asked to do so or when ordered to do so. Nor did he have the right to hide them from his lawyers and the FBI. By taking home those documents, where they were not secure, he put at risk the lives of America’s troops and national security.
It’s quite a stretch to compare the tapes in Clinton’s socks drawer to the nondisclosure of classified documents.

Last night I saw the clip below, which I’ve watched about 10 times (and will watch some more) because it is so mind-blowing. Bret Baier should be given some kind of hall of fame award for this exchange.
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It’s too bad Trump is constitutionally (lol!) incapable of keeping his mouth shut due to his extreme grandiose narcissism. Since his legal advice is so bad, it would behoove him to quit spouting off irrelevant and / or moot legal precedent in lame attempts to defend the defenseless. Everything Trump touches rots from his stench – anything he creates collapses into a pillar of sand.
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I thought they found a mummified cat in the drawer.
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Hillary had it “preserved”.
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People are saying Socks died after eating her emails. They had tears in their eyes telling the story.
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Hmmm. . . .
I thought Socks was the Clinton’s cat.
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That’s where I went, too.
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I hope the Supreme Court will someday declare the Espionage Act unconstitutional. (It’s the law that put Eugene Debs in prison for voicing an anti-war speech during World War I.)
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Why is the espionage act unconstitutional?
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Trump, as dumb as he is, knows that if he tells his MAGA base something, they will believe him and never fact check. He’s like the child who comes home from school knowing their teacher is going to call about something unacceptable they did in class and the child tells their parents lies about the incident before the teacher calls with the facts. Who will the parents believe, the teacher or the child.
Trump knows if he tells his base something, no matter how big of a lie it is, they will believe him.
Last night I watched a news piece in Iowa where they were asking Trump voters what they thought about Trump’s latest indictments. After the first two, I couldn’t take it anymore. Both of those dumber than dumb Trump supporters backed Trump 100% based on the lies he already told them.
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Lloyd you are as dumb and dumber. I will call you “dumbest.” Your rock for a brain believed Russia hoax, prob double-vaxxed, and listen to cnn and msdnc, prob also wore a mask in your car lol. What a loser
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Josh,
Didn’t you see that John Durham, the Special Counsel for the Trump-Russia probe, said on CSPAN that the Russians did interfere in the 2016 election?
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Joshua, you seemingly are not very patriotic. Tell you what, if you try a little harder to be respectful of our American war veterans like Lloyd, I’ll let you wear my Bernie 2020 yarmulke. Don’t worry, it’s very clean. For example, I regularly wash my hands with warm water and soap for twenty seconds. And I’m quadruple vaccinated. I also got my flu shot this last winter. So, if you’d like to come over sometime, you and I can discuss football or something, maybe Elon Musk’s latest unfortunate failures, over brunch. I assume you like vegan fare.
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“Sie reden doch jedenfalls von Dingen, die sie gar nicht verstehen. Ihre Sicherheit ist nur durch ihre Dummheit möglich.” Franz Kafka, Der Prozess (The Trial)
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The Presidential Records Act covers records created after President Reagan’s first day in office, January 20, 1981. The act was signed into law by President Carter in 1978. It came about because President Nixon tried to destroy records after resigning from office. Makes me wonder what records President Trump tried to hide. Something tells me it wasn’t material for the author of his memoirs. Something tells me that what was in those boxes was similar in nature to the records Tricky Dick wanted concealed. Jan 6 has a lot in common with Watergate, after all. I do not mean to assume too much, but sometimes, the writing is just in bright red ketchup on the wall.
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The two aren’t even the same, one is related to, national security, the other is, casual, conversations, with probably, no duscussion of anything involving the country’s, natuonal security, and Trump tries to swing it to both being, the, same things? Trump may have been better, as a, lawyer, instead of a, businessman, turning the fictional into, facts, and, facts into, fiction. He will do and say, whatever he can, to get himself, off the hooks, and, there are still voters who want to, vote for him???
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The watermelon head was censored!!!! Investigations too. That is what you get for lying for 3 years causing hell. Schiff lied and read a fake transcript on top of being a scum bag. Right Diane, that is your take away haha, you have some type of derangement syndrome.
Left teacher, how would I know rock brain Lloyd was a veteran??? I know you’re a loon.
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Josh,
Cut out the name-calling.
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Ok Diane, sorry.
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Diane, name-calling is what those with no argument resort to I’m a debate. Of course, you cannot call the swill Josh is pushing debate-worthy banter. It’s talking point after talking point with the usual labels of a Trumper. I’m surprised he is still invited into your living room. I kick zealots out of my house faster than I can put on shoes.
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LG,
I usually put Trumpers into moderation or block them, but when they first write in, they are not moderates or blocked. I decided to leave Josh alone because he is a picture postcard of Trumpist views. He doesn’t curse and mostly doesn’t insult people by name. When he did, I rebuked him and he apologized. Meanwhile I see him as a nearly perfect example of someone who reads one side of all news, forgets anything that conflicts with the Trump narrative and challenges us. If he ever gets nasty, he’s out.
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Diane About listening to Josh as a kind of reality check. I was going to say the same thing about the recent book discussion . . . regardless, it’s another kind of reality check . . . revealing something about “where we’re at” with interpretive frameworks. there’s more to it, of course; but I found that part of it quite helpful. Though for me, Josh notes are now toast. CBK
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*in a debate. My phone hates me.
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