#presidential records act

[deadpresidents]

Are Presidential libraries for all ex presidents mandatory or more customary?

It's not mandatory to build a library, but all Presidents are required to preserve the records of their Administration, and that usually is done by building a library under the auspices of the National Archives. Building a library or museum or foundation is also a way for a former President to shape their legacy and have a base for their post-Presidential activities and activism.

[grits-galraisedinthesouth]

102 pieces of paper

[justinspoliticalcorner]

Liz Dye at Public Notice:

One of the strangest aspects in living in a declining democracy is that everyone is forced to learn about arcane areas of the law … if only to see them trampled by the despot. The first Trump administration taught us about the Logan Act, the Federal Vacancies Reform Act, and the Presidential Records Act. Those were all about the limits of the president’s authority. Could Trump dispatch Mike Flynn to secretly negotiate with the Russian ambassador before taking office? Could he simply stack federal agencies with his cronies serving in an acting capacity and avoid Senate confirmation? Could he steal or destroy government records?

The answer was an enthusiastic “yes,” thanks to the Supreme Court, with an assist from Judge Aileen Cannon. In the name of ensuring that he can act “boldly” and “without hesitation,” six conservative justices gave the president unlimited authority to commit crimes without fear of prosecution. The imperial presidency is upon us. But even that blank check isn’t enough for Trump and his enablers. To reshape society, they need the legislative and judicial branches to be more than supine. They need to steal Congress’s power, too. And so, while we’re learning about Trump’s plans to use recess appointments to sidestep the senate’s constitutionally mandated “advice and consent” role, we now have to learn about the Impoundment Control Act of 1974.

It all goes back to Nixon

The Constitution vests “the power of the purse” in Congress. Article I, Section 8, Clause 1, AKA the Spending Clause, specifies that “Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” And Section 9 says that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Congress passes the budget and allocates government revenues as it sees fit — that’s just black-letter law. And so in 1972, Congress passed the Federal Water Pollution Control Act, allocating $5 billion for 1973, $6 billion for 1974, and $7 billion for 1975 for municipal sewer updates. President Richard Nixon tried and failed to veto the law, and, after it was passed, he instructed EPA Administrator William Ruckelshaus to allot "[n]o more than $2 billion of the amount authorized for the fiscal year 1973, and no more than $3 billion of the amount authorized for the fiscal year 1974.”

[...]

Impoundment Control Act

Under the ICA, the president must either spend the funds obligated by the legislature, or come to Congress with a “special message” and explain why not. Congress then has 45 days to vote for rescission, rescinding the original allocation. If Congress doesn’t agree, or simply ignores the message, the funds must be spent as originally ordained. (Here’s a handy ICA fact sheet from the Dems on the House Budget Committee.) Elon Musk and Vivek Ramaswamy, who clearly don’t know or care about the separation of powers, are currently promising to slash $2 trillion from the federal budget and delete entire federal agencies through their fake DOGE committee. But even in his first administration, Trump violated the ICA by withholding the defense allocation for Ukraine in 2019. In his “perfect, perfect phone call,” Trump threatened to block funds needed to fend off Russian aggression unless President Volodymyr Zelenskyy agreed to “do us a favor” and announce a bogus corruption investigation of Joe and Hunter Biden. [...]

Personnel is policy

Vought and Paoletta are deeply involved in conservative politics and have been for decades. Vought, a self-described Christian nationalist, served stints at the Heritage Foundation and the Republican Study Committee. And Paoletta has been around long enough that he not only shepherded Justice Clarence Thomas through his confirmation hearings, but he also represented Ginni Thomas before the January 6 Committee — all of which endeared him to both Leonard Leo and Harlan Crow. In short, these aren’t MAGA conservatives who spend all day online swapping Pepe memes; they’re movement conservatives, who seized on Trump as the vehicle to reshape American society.

In the Project 2025 manifesto, Vought wrote that the next OMB director (hint, hint) should wrest control of the federal budget away from nonpartisan bureaucrats and Congress. “No Director should be chosen who is unwilling to restore apportionment decision-making to the [president’s political appointees’] personal review, who is not aggressive in wielding the tool on behalf of the President’s agenda, or who is unable to defend the power against attacks from Congress,” he explained. “The Director must ensure the appointment of a General Counsel who is respected yet creative and fearless in his or her ability to challenge legal precedents that serve to protect the status quo.” If that language was too oblique, his “creative yet fearless” counsel was clearer in an opinion piece at The Hill.

[...]

Agenda 47

It’s a safe bet that Trump doesn’t know what the Impoundment Control Act is, but his campaign website promises to stick it to the deep state either by persuading Congress to repeal it by or simply ignoring it. (Here he is babbling some nonsense about it in a video on his campaign website, in which he incorrectly refers to it as the Congressional Budget Act.)

Donald Trump plans to sidestep Congressional power on budgetary issues by revoking the body’s “power of the purse” constitutional obligations.

[garudabluffs]

 April 3, 2024

Former federal prosecutor says Trump could be jailed if convicted for falsifying business records

Former federal prosecutor says Trump could be jailed if convicted for falsifying business records (msn.com)

[deadpresidents]

Never mess with an archivist.

[imkeepinit]

BREAKING: TRUMP INDICTED BY DEPARTMENT OF JUSTICE

[pcttrailsidereader]

The Harris Public Lands Policy - What We Might Expect

By and large, the track record of the Biden-Harris contrasts with the Trump administration record and the 2025 Project outline as it relates to public lands. For decades, the federal government has prioritized oil and gas drilling, hardrock mining and livestock grazing on public lands across the country (for that reason, some have referred to the BLM as the Bureau of Logging and Mining). The Biden administration recently issued a far-reaching Interior Department rule that puts conservation, recreation and renewable energy development on equal footing with resource extraction.

This represents a huge shift in the management of roughly 245 million acres of public property — about one-tenth of the nation’s land mass. The extent to which this change will withstand the inevitable legal challenges from fossil fuel industry groups and Republican officials is unclear. It will be intensely contested.

It does open the door for the BLM to auction off “restoration leases” and “mitigation leases” to entities with plans to restore or conserve public lands.

The Biden administration has conserved more than 41 million acres of land and water. This includes restoration of some of the National Monuments reduced under the Trump administration (Bears Ears, Grand Staircase-Escalante, and Northeast Canyons and Seamounts National Monuments). He also cancelled the leases granted by the Trump administration to explore for oil in the Arctic National Wildlife Reserve.

Biden also established a national goal to conserve at least 30 percent of U.S. lands and freshwater and 30 percent of U.S. ocean areas by 2030, in an initiative commonly referred to as 30x30. This is an ambitious initiative that has received significant pushback as a government 'land grab'.

Although Biden has disappointed some in the environmental movement, the Biden-Harris administration has acknowledged that climate change is real and requires action, has significant achievements in land and water conservation, and has undone a number of the Trump administration decisions.

Whether Harris would continue this trend is likely but not a certainty. However, in her campaign speeches she has been pragmatic but aggressive in her support for the environment and careful stewardship of natural resources. And Walz has promoted a $2B initiative to help the State of Minnesota reduce its carbon footprint.

Although the Trump administration does have to its credit the Great American Outdoors Act (GAOA), the legacy of Trump is one that should be of concern to most of us who love the PCT, the wilderness, and are concerned about our climate. In looking at the record of both candidates, it seems clear based upon their respective records and stated plans, that it is very important that you get out and vote . . . and consider carefully the Trump and the Harris commitment to caring for the planet and how they fit with your values.

It is imperative that those of us who use and love the land, make our voices heard by voting!

[absolute-immunities]

🥲

[akajustmerry]

I wanna say from very bottom of my heart that I deeply truly rabidly despise Taylor Swift and the glamorous black hole of immorality, gracelessness and lack of integrity she represents. I truly hate that I have to witness her 2-chord mediocre stream of consciousness high school ballads win the highest accolades in music. I hate how there's not a single discourse - from sports to fucking queer theory - that's free of her. I hate her white feminism, how she's never stood for a single thing that didn't ensure her wealth. I hate how she's credited and praised for things marginalised artists did before her. I hate how she latches onto new artists so they serve HER fame, like remoras to a shark. I hate her phony humble beginnings narrative that people parrot without acknowledging she's a nepo baby. I hate what she did to olivia rodrigo and how no one talks about it. I hate the waste her concerts, lifestyle, and merch create and that a young girl died from heat illness at her concert because the swift team prioritises exclusivity and profit over safety. I hate how she and her fandom popularised the idea that critiquing a woman = misogyny. I hate how she's in her mid 30s and still writes songs like she's a teenager and that songs written by a woman in her 30s acting like a teenager are inescapable. I hate she deliberately re-releases songs and records so other artists can't chart. I hate how she regularly and openly associates with bigoted people but somehow is always given the benefit of the doubt. Most of all I hate how she does and continues to do all of this and so much more and her fans will always have a, "but!" always have an, "anyway!". she's openly and uncritically supporting a presidential candidate who's administration is enacting genocide, but because she made a joke with her cats, we're meant to be like, "yay!" I truly despise Taylor Swift and the black hole of neoliberal white feminist mediocrity she is in popular culture.

[lets-steal-an-archive]

By Bernie Sanders | July 13, 2024

I will do all that I can to see that President Biden is re-elected. Why? Despite my disagreements with him on particular issues, he has been the most effective president in the modern history of our country and is the strongest candidate to defeat Donald Trump — a demagogue and pathological liar. It’s time to learn a lesson from the progressive and centrist forces in France who, despite profound political differences, came together this week to soundly defeat right-wing extremism.

I strongly disagree with Mr. Biden on the question of U.S. support for Israel’s horrific war against the Palestinian people. The United States should not provide Benjamin Netanyahu’s right-wing extremist government with another nickel as it continues to create one of the worst humanitarian disasters in modern history.

I strongly disagree with the president’s belief that the Affordable Care Act, as useful as it has been, will ever address America’s health care crisis. Our health care system is broken, dysfunctional and wildly expensive and needs to be replaced with a “Medicare for all” single-payer system. Health care is a human right.

And those are not my only disagreements with Mr. Biden.

But for over two weeks now, the corporate media has obsessively focused on the June presidential debate and the cognitive capabilities of a man who has, perhaps, the most difficult and stressful job in the world. The media has frantically searched for every living human being who no longer supports the president or any neurologist who wants to appear on TV. Unfortunately, too many Democrats have joined that circular firing squad.

Yes. I know: Mr. Biden is old, is prone to gaffes, walks stiffly and had a disastrous debate with Mr. Trump. But this I also know: A presidential election is not an entertainment contest. It does not begin or end with a 90-minute debate.

Enough! Mr. Biden may not be the ideal candidate, but he will be the candidate and should be the candidate. And with an effective campaign taht speaks to the needs of working families, he will not only defeat Mr. Trump but beat him badly. It’s time for Democrats to stop the bickering and nit-picking.

I understand that some Democrats get nervous about having to explain the president’s gaffes and misspeaking names. But unlike the Republicans, they do not have to explain away a candidate who now has 34 felony convictions and faces charges that could lead to dozens of additional convictions, who has been hit with a $5 million judgment after he was found liable in a sexual abuse case, who has been involved in more than 4,000 lawsuits, who has repeatedly gone bankrupt and who has told thousands of documented lies and falsehoods.

Supporters of Mr. Biden can speak proudly about a good and decent Democratic president with a record of real accomplishment. The Biden administration, as a result of the American Rescue Plan, helped rebuild the economy during the pandemic far faster than economists thought possible. At a time when people were terrified about the future, the president and those of us who supported him in Congress put Americans back to work, provided cash benefits to desperate parents and protected small businesses, hospitals, schools and child care centers.

After decades of talk about our crumbling roads, bridges and water systems, we put more money into rebuilding America’s infrastructure than ever before — which is projected to create millions of well-paying jobs. And we did not stop there. We made the largest-ever investment in climate action to save the planet. We canceled student debt for nearly five million financially strapped Americans. We cut prices for insulin and asthma inhalers, capped out-of-pocket costs for prescription drugs and got free vaccines to the American people. We battled to defend women’s rights in the face of moves by Trump-appointed jurists to roll back reproductive freedom and deny women the right to control their own bodies.

So, yes, Mr. Biden has a record to run on. A strong record. But he and his supporters should never suggest that what’s been accomplished is sufficient. To win the election, the president must do more than just defend his excellent record. He needs to propose and fight for a bold agenda that speaks to the needs of the vast majority of our people — the working families of this country, the people who have been left behind for far too long.

At a time when the billionaires have never had it so good and when the United States is experiencing virtually unprecedented income and wealth inequality, over 60 percent of Americans live paycheck to paycheck, real weekly wages for the average worker have not risen in over 50 years, 25 percent of seniors live each year on $15,000 or less, we have a higher rate of childhood poverty than almost any other major country, and housing is becoming more and more unaffordable — among other crises.

This is the wealthiest country in the history of the world. We can do better. We must do better. Joe Biden knows that. Donald Trump does not. Joe Biden wants to tax the rich so that we can fund the needs of working families, the elderly, the children, the sick and the poor. Donald Trump wants to cut taxes for the billionaire class. Joe Biden wants to expand Social Security benefits. Donald Trump and his friends want to weaken Social Security. Joe Biden wants to make it easier for workers to form unions and collectively bargain for better wages and benefits. Donald Trump wants to let multinational corporations get away with exploiting workers and ripping off consumers. Joe Biden respects democracy. Donald Trump attacks it.

This election offers a stark choice on issue after issue. If Mr. Biden and his supporters focus on these issues — and refuse to be divided and distracted — the president will rally working families to his side in the industrial Midwest swing states and elsewhere and win the November election. And let me say this as emphatically as I can: For the sake of our kids and future generations, he must win.

Bernie Sanders is the senior senator from Vermont.

[nodynasty4us]

Trump’s admissions place the start of the wrongdoing in DC, not in Florida where he might have more sympathetic judges and jurors.

[deadpresidents]

Which presidential library do documents regarding the transition from one administration to another end up in? Both?

I imagine that copies would eventually end up in both libraries, but each Administration is required to preserve documents or records that are produced during their term of office. So, for example, any documents or materials produced by the Administration of George W. Bush to help with the transition leading to Barack Obama's inauguration would officially need to be preserved by the Bush Administration. Anything from noon on January 20, 2001-January 20, 2009 would be Bush Administration records, anything from noon on January 20, 2009-January 20, 2017 would be Obama Administration records, and so on.

It all falls under the umbrella of the National Archives and Records Administration anyway as the NARA is responsible for maintaining all modern Presidential Libraries. But under the Presidential Records Act, each President bears the legal responsibility for preserving and ultimately transferring the records produced by their respective Administrations to the NARA.

[grits-galraisedinthesouth]

She wonders why people don't like her.

'DEPLORABLES' to 'Cult.'

The 🌎 to Hillary:

Byron Donalds: "I stopped caring about what Hillary Clinton had to say a LONG time ago. But since she wants to say I'm in a cult, let me engage. Hillary, you LIED multiple times, deleted emails, destroyed evidence, and laundered phony information on Trump. You did all this and still lost."

Their plans backfired, so Hillary dressed up like a sherpa in 90 degree weather to activate her coven: Demoralize & Divide Americans by referring to them as a cult.

[cleolinda]

Are the Trump indictments election interference? asked someone whose question I will take in good faith against my better judgment.

The American presidential election (November 5, 2024) is more than a year away. There is more than a whole year for these four (4) trials to occur. If candidates want to start campaigning (and have already been campaigning) year(s) in advance, that is not the American judicial system's problem. Do not let anyone tell you that "I DECLARE CAMPAIGN SO YOU CAN'T TOUCH ME" is how this works.

I welcome criminal charges of actual substance for any candidate of any party. If you have dozens of pages of carefully documented charges against any/all Democrats, please have a DA call a grand jury whenever you would like. Political parties are not sports teams to me. Justice can do what it gotta do, whether it's convenient or not.

If someone doesn't want to get pulled up on racketeering charges (RICO), they maybe shouldn’t have racketeered. Or falsified business records, or mishandled documents to the tune of 31 charges under the Espionage Act, or incited an insurrection, the latter of which, I don't know about you, but which I personally watched on TV, live, for several hours, including coverage of the Trump rally that sent crowds marching over to the Capitol. We have heard the Georgia phone call that is part of the fourth indictment. We have seen pictures of classified documents piled in a random Mar-a-Lago bathroom. I am confident that these are not frivolous accusations.

District Attorney Fani Willis was careful to state that there should be a presumption of innocence (a standard American judicial doctrine). That said, I consider (as one example), this fourth indictment to be “charges of actual substance” because she delivered a 96-page document describing the racketeering (which, ironically, WAS ITSELF ELECTION INTERFERENCE):

u/code_archaeologist: The math on this is easy. For a jury to find a person guilty on a RICO charge in Georgia the prosecutor has to prove, beyond a reasonable doubt, that they engaged in two incidents that predicated the overarching conspiracy. The RICO charge lists 161 predicating incidents. So Fani Willis has 161 shots at each defendant, and only has to hit twice.

(I like to read r/politics.)

Fani Willis has 161 predicating incidents of conspiracy to work with. I am pretty confident that, while a defendant is innocent until proven guilty in the American justice system, these charges have some weight and deserve to be heard in court.

tl;dr if you don't want to campaign under a legal cloud, don't do crimes.

Also try not to publicly intimidate witnesses. And prosecutors. And judges.

If anyone reading this truly wondered if the substance or timing of these proceedings are warranted, sincerely, I hope laying it out like this helped.

[garudabluffs]

Andrew Weissmann: ‘Judge Cannon does not want this to go to trial before the election'

Mar 21, 2024 #DOJ#Trump#Cannon

Andrew Weissmann, former top prosecutor at the Justice Department, and Basil Smikle, Director of the Public Policy Program at Hunter College join Alicia Menendez in for Nicolle Wallace on Deadline White House with reaction to Judge Cannon allowing Donald Trump to release the names of witnesses identities despite the risks to the case and safety of witnesses, and how her actions continue to feed into the action of Trump’s legal strategy of delay, delay, delay. 

1,204 Comments

[batboyblog]

Things the Biden-Harris Administration Did This Week #33

Sep 6-13 2024

President Biden marked the 30th anniversary of the passage of the Violence Against Women Act and highlighted efforts to stop gender based violence. the VAWA was written by then Senator Biden and he often talks about it as his proudest legislative victory. The act transformed how the federal government dealt with domestic violence, sexual assault, and stalking. In part because of the connection to Joe Biden, President Trump and the Republicans allowed the VAWA to expire in 2019. President Biden passed a new reauthorization, with new protections for women against cyber crime, in 2022. On the VAWA's 30th anniversary President Biden announced $690 million in grants to support survivors of gender-based violence.

President Biden and Vice-President Harris announced a new rule to force insurance companies to treat mental health care the same as medical care. The new rule takes on the use by insurance of restrictive practices like prior authorization, and out of network charges, it also closes a loophole in the law that allowed state and local government health insurance not to cover mental health.

The Biden-Harris administration announced that 50 million Americans, 1 in every 7, have gotten health insurance through Obamacare's marketplaces. Under Biden a record breaking 20.8 million enrolled this year. Since the ACA was passed by President Obama and then Vice-President Biden it has transformed American health care bring affordable coverage to millions and getting rid of "preexisting conditions". During the Presidential debate Vice-President Harris defended the ACA and the need to keep building on it. Trump after 9 years of calling for its repeal said he only had "concepts of a plan" on what to do about health care in America.

The IRS announced that it has recovered $1.3 billion in back taxes from wealthy tax dodgers. For years Republicans have tried to underfund the IRS hindering its ability to police high income tax payers. President Biden in his Inflation Reduction Act ensured that the IRS would have the money it needs to chase high income tax cheats. In February 2024 the IRS launched a program to go after over 100,000 people, making $400,000 or even over $1 million a year who have not filed taxes since 2017. The IRS also launched a program to collect from tax payers who make over $1 million a year who have uncontested debt of over $250,000. Between these two efforts the IRS has collected over a Billion Dollars in back taxes from the richest Americans, so far this year.

The Department of The Interior and White House Climate Advisor Ali Zaidi highlighted green energy efforts on public land. Highlighting two projects planned in Nevada officials talked about the 41 renewable energy projects approved on public land under the Biden-Harris Administration. These projects over 25 gigawatts of clean energy, a goal the Administration's climate plan set for the end of 2025 but met early this year. With the new projects in Nevada this is enough energy to power 12.5 million homes, and the Bureau of Land Management is another 55 utility-scale project proposals across the West.

The Department of The Interior announced $236 million to help fight forest fires and restore landscapes damaged by recent wildfires. Under President Biden's Bipartisan Infrastructure Law, the Administration has spent nearly $1.1 billion dollars to combat deadly wildfires which have over the last 10 years grown in size and intensity thanks to climate change.

The Department of The Interior announced $157 million in wetland conservation. The money is focused on protecting bird habitats. It will protect and preserve thousands of acres of wetlands across 7 states.

The US Senate approved President Biden's nominations of Adam Abelson, Jeannette Vargas, Mary Kay Lanthier, and Laura Provinzino to federal judgeships in Maryland, New York, Vermont, and Minnesota respectively. This brings the total number of federal judges appointed by President Biden to 209. When Biden entered office 318 district judges were Republican appointees and 317 Democratic, today 368 are Democratic appointments and just 267 are Republican. President Biden is the first President in history to have the majority of his appointments not be white men and he has appointed more black women to the bench than any President ever.