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Biden ‘empowered’ Nat’l Archives, Records Administration, to ‘waive’ Trump’s ‘executive privilege’ leading to FBI raid

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In an incredibly lengthy report, Just The News reviewed and deciphered “contemporaneous government documents” showing “the Biden White House worked directly with the Justice Department and National Archives to instigate the criminal probe into alleged mishandling of documents, allowing the FBI to review evidence retrieved from Mar-a-Lago this spring and eliminating the 45th president’s claims to executive privilege.”

Perhaps amongst the most shocking discoveries is that “Biden empowered the National Archives and Records Administration to waive any claims to executive privilege that Trump might assert to block DOJ from gaining access to the documents.”

According to memos reviewed by Just The News, “then-White House Deputy Counsel Jonathan Su was engaged in conversations with the FBI, DOJ and National Archives as early as April, shortly after 15 boxes of classified and other materials were voluntarily returned to the federal historical agency from Trump’s Florida home.”

Just The News continues:

By May, Su conveyed to the Archives that President Joe Biden would not object to waiving his predecessor’s claims to executive privilege, a decision that opened the door for DOJ to get a grand jury to issue a subpoena compelling Trump to turn over any remaining materials he possessed from his presidency.

The machinations are summarized in several memos and emails exchanged between the various agencies in spring 2022, months before the FBI took the added unprecedented step of raiding Trump’s Florida compound with a court-issued search warrant.

The most complete summary was contained in a lengthy letter dated May 10 that acting National Archivist Debra Steidel Wall sent Trump’s lawyers summarizing the White House’s involvement.

“On April 11, 2022, the White House Counsel’s Office — affirming a request from the Department of Justice supported by an FBI letterhead memorandum — formally transmitted a request that NARA provide the FBI access to the 15 boxes for its review within seven days, with the possibility that the FBI might request copies of specific documents following its review of the boxes,” Wall wrote Trump defense attorney Evan Corcoran.

That letter revealed Biden empowered the National Archives and Records Administration to waive any claims to executive privilege that Trump might assert to block DOJ from gaining access to the documents.

“The Counsel to the President has informed me that, in light of the particular circumstances presented here, President Biden defers to my determination, in consultation with the Assistant Attorney General for the Office of Legal Counsel, regarding whether or not I should uphold the former President’s purported ‘protective assertion of executive privilege,'” Wall wrote. “… I have therefore decided not to honor the former President’s ‘protective’ claim of privilege.”

The memos provide the most definitive evidence to date of the current White House’s effort to facilitate a criminal probe of the man Joe Biden beat in the 2020 election and may face again as a challenger in 2024. That involvement included eliminating one of the legal defenses Trump might use to fight the FBI over access to his documents.

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Nation

Multiple states launch lawsuit against Biden’s student-loan forgiveness plan

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Breaking Thursday, the states of Nebraska, Missouri, Arkansas, Kansas, Iowa, and South Carolina joined together to file a lawsuit against President Biden’s administration in order to stop the student loan-forgiveness program from taking effect.

“In addition to being economically unwise and downright unfair, the Biden Administration’s Mass Debt Cancellation is yet another example in a long line of unlawful regulatory actions,” argued the plaintiffs in their filing.

The attorneys general spearheading the legal challenge also submit that “no statute permits President Biden to unilaterally relieve millions of individuals from their obligation to pay loans they voluntarily assumed.”

Biden, however, has argued that he is able to unilaterally cancel student debt to mitigate the economic effects of the coronavirus pandemic. Specifically, writes National Review, a Department of Education memo released by his administration asserts that the HEROES Act,  which passed in 2003 and allows the secretary of education to provide student-debt relief “in connection with a war or other military operation or national emergency,” provides the legal basis for the cancellation.

But, National Review notes that the plaintiffs point out that Biden declared in a recent 60 Minutes interview that “the pandemic is over.”

The legal brief also adds:

“The [HEROES] Act requires ED [Education Department] to tailor any waiver or modification as necessary to address the actual financial harm suffered by a borrower due to the relevant military operation or emergency… This relief comes to every borrower regardless of whether her income rose or fell during the pandemic or whether she is in a better position today as to her student loans than before the pandemic.”

Moreover, they argue that the HEROES Act was designed to allow the secretary to provide relief in individual cases with proper justification.

The first lawsuit against Biden’s executive order came Tuesday from the Pacific Legal Foundation:

“The administration has created new problems for borrowers in at least six states that tax loan cancellation as income. People like Plaintiff Frank Garrison will actually be worse off because of the cancellation. Indeed, Mr. Garrison will face immediate tax liability from the state of Indiana because of the automatic cancellation of a portion of his debt,” wrote PLF in their own brief.

The state-led lawsuit was filed in a federal district court in Missouri, and asks that the court “temporarily restrain and preliminarily and permanently enjoin implementation and enforcement of the Mass Debt Cancellation,” and declare that it “violates the separation of powers established by the U.S. Constitution,” as well as the Administrative Procedure Act.

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