A core argument in Donald Trump's effort to have his classified case dismissed was blown up by a commentator Thursday, moments after the former president's request was denied.
One of the claims Donald Trump's lawyers are trying to make is that a previous case involving Bill Clinton and audio tapes he kept in a sock drawer proves that Trump’s actions were legally sound.
The Clinton case, often referred to as the "sock drawer case," involved tapes of conversations he had with a historian as part of his notes for his memoirs. A conservative access group sued for access to them, but the courts ruled that the tapes were similar to keeping a diary, which is considered exempt from the Presidential Records Act which demands that documents be turned over to the National Archives.
Trump is claiming the same protection — even though the documents he's accused of storing are vastly different in their contents.
"Even Aileen Cannon has limits as to the absurdity of Trump's arguments," said legal analyst Lisa Rubin, speaking to MSNBC host Nicolle Wallace on Thursday. She called that one small bit of good news that came out of hearing in Florida.
"A favorite argument is basically the Presidential Records Act exculpates him because it immunizes him if he decides in his mind that these records were all personal," Rubin continued. "And even she had a problem with that, at one point turning to [Trump lawyer Todd] Blanche and saying, 'This is where your argument, Mr. Blanche, seems to falter.'"
Comparing it to the Clinton socks case "is not even remotely comparable," she said.
An animated Wallace said that it is very clear that the Trump team knows it's a losing argument.
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In fact, she said, "Donald Trump knows it! He was on the tape that was released waving around the military strategy for Iran; 'Hey, hey! Can we declassify this?" It's so ridiculous, even Donald Trump knows it's not true!"
CNN acquired the tape of Trump that Wallace referred to last summer.
“Like when Milley is talking about, ‘Oh you’re going to try to do a coup.’ No, they were trying to do that before you even were sworn in,” the staffer says on the tape.
“He said that I wanted to attack Iran, Isn’t it amazing?” Trump says while there is a sound of rustling papers. “I have a big pile of papers, this thing just came up. Look. This was him. They presented me this — this is off the record but — they presented me this. This was him. This was the Defense Department and him.”
See the discussion with the experts in the video below or at the link here.
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