No we don't. We sound like we're not making up bull **** to fill the neat little hole that Trump dug himself into again this time.
I completely agree with Alito. But this really doesn't address your claim. If the POTUS has exclusive, unlimited authority concerning documents in the executive branch until the hour strikes when his term is over, why doesn't he have exclusive, unlimited authority over everything in the executive branch, period? Why a carve-out just for documents? And any document, including the most sensitive military secrets, such as troop locations, spy list, weapon systems, strategic planning, etcetera all the way up to 11:59:59 PM January 20?“Justice Alito is absolutely correct: “‘Congress did not create the Supreme Court’—the Constitution did. ‘I know this is a controversial view, but I’m willing to say it,’ he says. ‘No provision in the Constitution gives them the authority to regulate the Supreme Court—period.’”
Let's play this out.
Joe Biden quits the campain. So his last day in office is January 20, 2025. He heads to the Pentagon with several aids and rumages through as many of the most sensitive documents there, right up to 11:59 AM. On the way out, he closes his eyes, taps his heals three times, as he says in is mind, these are now declassified and belong to me.
Of course no one hears him say it but it doesn't matter because they all know the POTUS has document superpowers. They just let him take them. After all, he is the POTUS for another minute.
And so Biden takes them home with him. Immediately calls Hunter in prison--and by prison, I mean a luxury hotel where he's confined to his room with a ankle bracelet, "Hunter, Get on the horn with Xi and tell him we want $250 million for all the strategic military plans for conflict scenarios for China.
Legal? They're all public records now. When Biden was still president he declassified all of them at 11:59. So then they're just like any other piece of paper. He can wipe his ass with them if he wants. He can sell them to the highest bidder.
