Posted BY: Don Brown
Since Jack Smith and his prosecutors dropped a multicount federal indictment against President Trump, multiple grounds have surfaced warranting dismissal of the embarrassing prosecutorial sideshow in South Florida.
Already, Smith’s indictment faces multiple legal challenges.
The Presidential Records Act, the big red elephant in the room ignored by Smith, at 42 USC §2205 (3), gives a former president unrestrained access to the presidential records which he declares to be his and gives his designated agents also access to such records. Yes, the National Archives can take control of those records, after consultation with the former President, and any disagreement on the designation of a record is to be resolved by a United States District Court in a civil proceeding, not a criminal prosecution.
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But the Presidential Records Act simply does not create an exception prohibiting the former President’s access to records marked as secret, classified, or confidential. Under the Presidential Records Act, Trump, even as a former president, has all the access he wants to all his presidential records, even those which may have been classified, and may give such access to his designated agents. End of story.
