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DetlefK

(16,670 posts)
Sun Feb 6, 2022, 06:09 AM Feb 2022

Trump destroyed official US documents and would face 3 years prison... if anybody would investigate.

https://www.vanityfair.com/news/2022/02/donald-trump-shredded-documents-january-6

The panel began receiving the records it had requested from the National Archives, and will continue to do in the coming weeks and months. That’s obviously good news for justice, though in less good news, it turns out that a number of the documents in question will be more difficult to examine than one might have hoped, because Trump apparently had a habit of tearing up official presidential business like a man who knew he’d one day have something to hide.

The Washington Post reports that in an unbelievable-yet-completely-believable turn of events, “some of the Trump White House records” handed over to the January 6 committee “had been ripped up and then taped back together,” according to people familiar with the matter. If your reaction to that is “why,” “how,” and “what the f--k,“ rest assured you‘re not alone. Despite the fact that the Presidential Records Act very clearly requires each administration to preserve everything from letters and handwritten notes to memos and other written communications related to the then president’s official work, the 45th guy apparently just chose to ignore that rule; instead, Trump regularly tore up documents, leaving White House officials to painstakingly reconstruct papers “like a jigsaw puzzle,” according to a 2018 Politico article. While some papers were simply “split down the middle,” others “would be torn into pieces so small they looked like confetti.” (What was happening on the days he decided to shred documents into teeny-tiny little pieces? Unclear, but we’re guessing that on at least one occasion he’d been recently informed that he couldn’t just buy Denmark, and was subsequently set off.)

In a statement to the Post, the National Archives confirmed that Trump White House records turned over to congressional investigators “included paper records that had been torn up by former President Trump.”

If Trump‘s little shredding habit strikes you as something that sounds like it should and might be illegal, you’re not alone. Constitutional law scholar Stephen Gillers told the Post that the damaged documents are obviously property of the government and, as such, “destroying them could be a crime under several statutes that make it a crime to destroy government property if that was the intent of the defendant. A president does not own the records generated by his own administration. The definition of presidential records is broad. Trump’s own notes to himself could qualify and destroying them could be the criminal destruction of government property.”



https://www.justice.gov/archives/jm/criminal-resource-manual-1663-protection-government-property-protection-public-records-and

The necessary measure of protection for government documents and records is provided by 18 U.S.C. § 2071. Section 2071(a) contains a broad prohibition against destruction of government records or attempts to destroy such records. This section provides that whoever: willfully and unlawfully; conceals, removes, mutilates, obliterates or destroys; or attempts to conceal, remove, mutilate, obliterate or destroy; or carries away with intent to conceal, remove, mutilate, obliterate or destroy; any record, proceeding, map, book, paper, document or other thing deposited in any public office may be punished by imprisonment for three years, a $2, 000 fine, or both.

There are several important aspects to this offense. First, it is a specific intent crime. This means that the defendant must act intentionally with knowledge that he is violating the law. See United States v. Simpson, 460 F.2d 515, 518 (9th Cir. 1972). Moreover, one case has suggested that this specific intent requires that the defendant know that the documents involved are public records. See United States v. DeGroat, 30 F. 764, 765 (E.D.Mich. 1887).

28 replies = new reply since forum marked as read
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Trump destroyed official US documents and would face 3 years prison... if anybody would investigate. (Original Post) DetlefK Feb 2022 OP
K&R UTUSN Feb 2022 #1
So when does he get arrested ? Beachnutt Feb 2022 #2
Speculation: "I didn't rip anything up. One of the janitors must'a thought it was 3Hotdogs Feb 2022 #20
Every aide who worked directly with Trump has seen him destroy official documents. Lonestarblue Feb 2022 #24
This message was self-deleted by its author malaise Feb 2022 #3
Is a coup official work? malaise Feb 2022 #4
For some reason Trump always goes unpunished! BlueJac Feb 2022 #5
His defense is simply airtight. jaxexpat Feb 2022 #11
Then, I need to start using that. OldBaldy1701E Feb 2022 #15
Wow Roy Rolling Feb 2022 #6
I'm freaking tired of hearing about the laws he broke... MiHale Feb 2022 #7
There was, Mueller's "individual one." gab13by13 Feb 2022 #14
The saying is: 'Trumptard would pee in your hand and say it's raining'. Republicans/Nazis johnthewoodworker Feb 2022 #8
He deserves the death penalty, but at this point I'd settle for 3 years! Emile Feb 2022 #9
Well, he likes elections, so wnylib Feb 2022 #18
That would help the get out the vote movement. Emile Feb 2022 #19
LOL. wnylib Feb 2022 #27
Of all the stuff he and his cronies have gotten away with blueinredohio Feb 2022 #10
Remember when Pelosi tore up TFG's State of the Union copy kwijybo Feb 2022 #12
He certainly violated the emoluments clause of the Constitution also, gab13by13 Feb 2022 #13
So what do you think our best chance is at getting him indicted and convicted Laura PourMeADrink Feb 2022 #17
We should do what DOJ did during Watergate, gab13by13 Feb 2022 #21
He's violated so many laws, who can keep count? I want to know how he got covered in Teflon. Vinca Feb 2022 #16
Just another angry child throwing tantrums. Chainfire Feb 2022 #25
Let's cut to the chase, gab13by13 Feb 2022 #22
EVERY story. Its like you're reading about a 3 yr old. EVERY story. Ridiculous oldsoftie Feb 2022 #23
I'm sure Garland will get right on that. Scrivener7 Feb 2022 #26
Trump destroyed official US documents and would face 3 years prison... if he was a Democrat DBoon Feb 2022 #28

3Hotdogs

(15,368 posts)
20. Speculation: "I didn't rip anything up. One of the janitors must'a thought it was
Sun Feb 6, 2022, 08:51 AM
Feb 2022

junk and just got rid of it."

Or one of my staff ....

Point is, try to prove that he ordered it.

Lonestarblue

(13,480 posts)
24. Every aide who worked directly with Trump has seen him destroy official documents.
Sun Feb 6, 2022, 09:12 AM
Feb 2022

The DOJ simply needs the testimony of a few of them. If the DOJ is unwilling to investigate and prosecute, then our laws cease to have any meaning and can be ignored at will.

Response to DetlefK (Original post)

 

jaxexpat

(7,794 posts)
11. His defense is simply airtight.
Sun Feb 6, 2022, 07:55 AM
Feb 2022

He can't be liable for whatever he says or does because he's psychotic.

OldBaldy1701E

(11,143 posts)
15. Then, I need to start using that.
Sun Feb 6, 2022, 08:28 AM
Feb 2022

Because he has not been held accountable for much of shiat since he was born, and only those above a certain level of wealth can do this. The two-tiered system is strong and it is going to take more than whining to change it. Since it has not even been addressed, one must assume it never will change. So, he will get away with it, as they all do.

MiHale

(13,032 posts)
7. I'm freaking tired of hearing about the laws he broke...
Sun Feb 6, 2022, 06:58 AM
Feb 2022

So many ranging from small to horrendous. Somewhere in there must be something they can get him with immediately.

gab13by13

(32,324 posts)
14. There was, Mueller's "individual one."
Sun Feb 6, 2022, 08:28 AM
Feb 2022

DOJ already sent Michael Cohen to jail for giving Stormy Daniels that 130,000 dollar check signed by Donald Trump. Those ducks were all lined up in a row courtesy of Robert Mueller, he did it without worrying about executive privilege.

Alas, the statute of limitations has run out to indict "individual one." Maybe there weren't enough ducks?

 

johnthewoodworker

(694 posts)
8. The saying is: 'Trumptard would pee in your hand and say it's raining'. Republicans/Nazis
Sun Feb 6, 2022, 07:32 AM
Feb 2022

have zero fucks to give to the law or democrats.

wnylib

(26,018 posts)
18. Well, he likes elections, so
Sun Feb 6, 2022, 08:39 AM
Feb 2022

every 3 years we could vote on whether to let him out.

blueinredohio

(6,797 posts)
10. Of all the stuff he and his cronies have gotten away with
Sun Feb 6, 2022, 07:45 AM
Feb 2022

imagine what is going to happen the next time a republican president gets elected. Whether its Trump or anyone else. We are so screwed.

kwijybo

(268 posts)
12. Remember when Pelosi tore up TFG's State of the Union copy
Sun Feb 6, 2022, 08:13 AM
Feb 2022

And the RWNJ's wanted to jail her, immediately? Even after they found out it was just a copy/blank pages (I can't recall which)?

I wonder where they are now?

gab13by13

(32,324 posts)
13. He certainly violated the emoluments clause of the Constitution also,
Sun Feb 6, 2022, 08:23 AM
Feb 2022

Jimmy Carter, a Democrat, had to sell off his peanut farm because it could have been a possible conflict of interest.

MF45 made money because he was president. If some people believe a sitting president can't be indicted then we should abolish the emoluments clause of the Constitution for Republicans, why pretend?

Shredding documents, meh, executive privilege, it works for everything else. Trump was already a king when he was president.

Mueller's "individual one," meh, we already punished Michael Cohen.

Slander someone who accuses MF45 of rape, that's different, DOJ must defend the office of the president. Of course slander is an official duty of a Republican president.

 

Laura PourMeADrink

(42,770 posts)
17. So what do you think our best chance is at getting him indicted and convicted
Sun Feb 6, 2022, 08:35 AM
Feb 2022

and sent to jail for a criminal act? Nothing?

gab13by13

(32,324 posts)
21. We should do what DOJ did during Watergate,
Sun Feb 6, 2022, 08:57 AM
Feb 2022

convene a special grand jury that has no time limits, and deal only with one topic, the insurrection.

The Watergate special grand jury even named Nixon as an unindicted co-conspirator.

Vinca

(53,994 posts)
16. He's violated so many laws, who can keep count? I want to know how he got covered in Teflon.
Sun Feb 6, 2022, 08:30 AM
Feb 2022

Any other person would be doing time for many of his crimes.

gab13by13

(32,324 posts)
22. Let's cut to the chase,
Sun Feb 6, 2022, 09:10 AM
Feb 2022

if DOJ is taking 53 days so far to indict Mark Meadows, why bother? If the fascist SC is going to rule that 2 presidents can claim executive authority at the same time then let's get that decision and move on to autocracy. I got rid of my guns when I stopped hunting, I need to know if I have to go buy some more.

 

oldsoftie

(13,538 posts)
23. EVERY story. Its like you're reading about a 3 yr old. EVERY story. Ridiculous
Sun Feb 6, 2022, 09:10 AM
Feb 2022

I cant wait to see his businesses begin to fail. Seeing his prized golf courses and resorts lose too much to keep open. Losing all the naming revenue
I can't wait.
Yes, he has millions of fans but few who are rich enough to keep his businesses afloat.

Scrivener7

(59,522 posts)
26. I'm sure Garland will get right on that.
Sun Feb 6, 2022, 09:25 AM
Feb 2022

And THIS, children, is how justice delayed becomes justice denied.

There are a host of crimes - crimes that erode the rule of law and put us all in danger from the next republiQan sociopath that gets elected - that will never be prosecuted because of all those i's and t's.

DBoon

(24,988 posts)
28. Trump destroyed official US documents and would face 3 years prison... if he was a Democrat
Sun Feb 6, 2022, 09:10 PM
Feb 2022

FTFY

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