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Presidential Records

Who thought that nineteen months after he left office in disgrace, that the misdeeds of the Orange Menace would still be front and center.  And, of course, when he is caught red handed, his first line of defense is take advantage of general ignorance about the finer details of the law to blatantly lie knowing that the true believers will accept whatever he says.

The first basic truth is understanding the law on presidential records.  Prior to Watergate, the law was somewhat unclear.  But after Watergate, the law was changed to make clear that presidential records belong to the government, not the person who was serving as president.

The distinction between the office and the person holding it has always been something taht Trump has had issues with.  While he touted his business background as a reason why he would make a good president, it actually is, potentially, a contributing factor in this problem.  The essence of business law is that corporations have a separate legal existence from its owners and its officers.  The officers who run a company are supposed to act to further the best interests of the company rather than in their own self-interest or the interest of any group of shareholders.  But time after time, corporate officers (especially if they are from the family that are controlling shareholders) get in trouble for using corporate funds for personal benefit.  This problem can be even worse in closely held corporations like the Trump Organization with the corporation simply being the alter ego of the primary owner/CEO.  And the Trump Organization is exhibit A in how the family that runs the corporation fails to keep the business separate from their personal affairs.  Given his inability as CEO of the Trump Organization to recognize the difference between the Trump Organization and Donald Trump, it should not be a shock that Donald Trump failed to recognize any difference between the Office of the President and Donald Trump. Continue Reading...

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