Famed attorney Robert Barnes has one of the most interesting Twitter accounts for politics. It’s not just what he posts himself, which is often very informative. It’s also what he finds and retweets that grabs my attention.
He retweeted the thread below by Matt Beebe that delivers an analysis of the indictment of President Donald J. Trump. It offers insights into what powers the president possesses over classified documents that are relevant to what we’re seeing today…
Deep dive on the classified document fiasco: The entire classification scheme is a *control system* established by Executive Order and therefore applicable *only* to people below POTUS.
As CINC, Trump was entitled to do *anything* with classified material while President. Let that sink in.
Surely he would be subject to impeachment for any alleged misuse, but his authority is inherent in the Constitutional position, and there are no statutory restrictions that apply to him*.
*NOTE: The Atomic Energy Act, which established a separate classification & control scheme for certain US nuclear secrets, purports to also apply to POTUS. But this actually presents interesting separation of powers issues that aren’t so cut & dry. It’s not relevant here though.
The primary classification scheme promulgated by EO also prescribes a mechanism where classified material can be declassified.
Declassification doesn’t change the nature of the information, it changes the control system & procedures applicable to the information which are obligatory to non-POTUS actors. Again, this process is not binding on POTUS. Otherwise his power as CINC is dependent & conditional, not inherent.
Think about it — if he has the inherent power to do whatever he wants with it, does he need to follow a process (that he controls)? Does his compliance with every jot & tittle of a process (that he controls) impair his right to determine the disposition of that material? No. It cannot, or it’s not a power inherent to the Presidency.
Trump’s ham-handed explanation of this as “thinking it” declassified notwithstanding, and his inability to clearly articulate the finer points of the classification & control system and how it interacts with Article II powers doesn’t make it any less true.
This brings us to the Presidential Records Act (and subsequent case law), which clearly grants the President unilateral authority to determine what he keeps as a “personal record.”
Wait, this seems like a disaster waiting to happen — how can he be allowed to keep marital that might still be marked classified or a subsequent administration might decide to control differently? It’s quite a minefield with a bunch of inter-related gotchas.
And that’s the quandary that the PRA sought to avoid— by granting a former POTUS clarity and wide latitude surrounding his records.
To be sure, there are national security implications with a POTUS keeping material that remains sensitive or a subsequent administration might deem subject to different classification and control rules. This is why NARA has SCIFs, this is why Presidential Libraries have SCIFs, this is why a former President identifies “records custodians” (who receive continued security clearances), and this is why former Presidents are generally granted security clearances (Biden Administration refused to grant Trump a clearance by the way)
Bottom line: there is no legal basis for any of the mishandling/wrongful possession claims, and any bonafide national security concerns presented are able to be handled amicably through various procedures.
Which then beings us to the obstruction claims:
I’m somewhat disappointed in his apparent willingness to play games with NARA/DOJ (who were clearly out to get him, not to preserve Presidential Records).
My sense is that he really didn’t know what he still had, wanted to personally filter the material, and was ensured he could consider them all personal records, so he handled the initial NARA/DOJ requests unseriously. (Nobody steps on rakes better than Trump)
And I am troubled by his alleged comment to his lawyer which was essentially “Hillary had liars for lawyers and they made her problems go away, <wink-wink>” — which, by the way we only know about because of an unconstitutional piercing of the attorney-client privilege. (This should honestly concern more people than it does)
But you can’t “obstruct justice” unless there is an underlying crime. Which there isn’t here.
The entire case is built on a stack of lies and will eventually result in his complete and total exoneration.
But at what cost? It’s a dark, dark day in America.
Which then beings us to the obstruction claims:
I’m somewhat disappointed in his apparent willingness to play games with NARA/DOJ (who were clearly out to get him, not to preserve Presidential Records).
My sense is that he really didn’t know what he still had, wanted to…
— Matt Beebe (@TheMattBeebe) June 9, 2023
It is the darkest of days we’re facing, and it’s only going to get worse if this travesty is not resolved.
Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
