Old case over audio tapes in Bill Clinton's sock drawer

New Post Public Reply Private Reply Replies (0) Message Board
Rusty
361
Old case over audio tapes in Bill Clinton's sock drawer could impact Mar-a-Lago search dispute
Judge ruled in 2012 that a president's discretion to declare records "personal" is far-reaching and mostly unchallengeable.


When it comes to the National Archives, history has a funny way of repeating itself.

And legal experts say a decade-old case over audio tapes that Bill Clinton once kept in his sock drawer may have significant impact over the FBI search of Melania Trump's closet and Donald Trump's personal office.

The case in question is titled Judicial Watch v. National Archives and Records Administration and it involved an effort by the conservative watchdog to compel the Archives to forcibly seize hours of audio recordings that Clinton made during his presidency with historian Taylor Branch.

For pop culture, the case is most memorable for the revelation that the 42nd president for a time stored the audio tapes in his sock drawer at the White House. The tapes became the focal point of a 2009 book that Branch wrote.

U.S. District Judge Amy Berman Jackson in Washington D.C. ultimately rejected Judicial Watch's suit by concluding there was no provision in the Presidential Records Act to force the National Archives to seize records from a former president.

But Jackson's ruling — along with the Justice Department's arguments that preceded it — made some other sweeping declarations that have more direct relevance to the FBI's decision to seize handwritten notes and files Trump took with him to Mar-a-Lago.
The most relevant is that a president's discretion on what are personal vs. official records is far-reaching and solely his, as is his ability to declassify or destroy records at will.

"Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President's term and in his sole discretion," Jackson wrote in her March 2012 decision, which was never appealed.

"Since the President is completely entrusted with the management and even the disposal of Presidential records during his time in office, it would be difficult for this Court to conclude that Congress intended that he would have less authority to do what he pleases with what he considers to be his personal records," she added.

You can read the full ruling here:

File
memorandum opinion.pdf
The judge noted a president could destroy any record he wanted during his tenure and his only responsibility was to inform the Archives.

As to whether records a president concluded were personal can be forcibly seized after he leaves office, the court concluded it was unreasonable to force NARA to go get the tapes

"Because the audiotapes are not physically in the government's possession, defendant submits that it would be required to seize them directly from President Clinton in order to assume custody and control over them," Jackson noted. "Defendant considers this to be an 'extraordinary request' that is unfounded, contrary to the PRA's express terms, and contrary to traditional principles of administrative law. The Court agrees."

That defendant was the same Justice Department that authorized the raid on Trump's estate. You can read their arguments a decade earlier here:

File
Hearing Transcript.pdf
https://justthenews.com/sites/default/files/2...pinion.pdf

Jackson also concluded that a decision to challenge a president's decision lies solely with the National Archives and can't be reviewed by a court.
If the Archives wants to challenge a decision, that agency and the attorney general can initiate an enforcement mechanism under the law, but it is a civil procedure and has no criminal penalty, she noted.

The search warrant the FBI enforced sought two types of records: classified materials and records created during the Trump presidency. Trump has been adamant the records he took to Mar-a-Lago were both declassified and deemed personal by him.

Some government lawyers reached out privately to Just the News in recent days questioning the use of the FBI to collect presidential records, citing Jackson's ruling and suggesting it was a civil and not criminal matter where deference to Trump is required by law.

On the classification issue, both Presidents George W. Bush and Barack Obama signed executive orders — which remain in force to this day — declaring that presidents have sweeping authority to declassify secrets and do not have to follow the mandatory declassification procedures all other government officials do.

The Jackson ruling and the declassification powers have left some experts worried the FBI raid was heavy-handed under the current laws.

Kevin Brock, former assistant FBI director for intelligence, told Just the News the bureau's search warrant was overly broad and went beyond what the FBI manual for agents recommended. "Specificity is important in order to protect fourth amendment rights from exuberant government overreach designed to find whatever they can," he told Just the News.

Brock added he did not believe DOJ and FBI had authority to criminalize the retention of presidential records.

The warrant "apparently makes a novel legal assertion that any presidential record kept by a former president is against the law," Brock said. "You have to wonder what the other living former presidents think about that. They have the right and, apparently, clear desire to remain silent."

Tom Fitton, the president of Judicial Watch who was on the losing end of the Clinton sock drawer case, said he believes Jackson's ruling could have a profound impact on the coming legal battles over the Trump search.

"The government, the lawyer for the Archives, said, 'You know what? If documents are in the former President's hands, where they're presumptively personal, we just, you know, we presume they're personal,'" Fitton said.

"The Justice Department previously had told us in response to a question about Bill Clinton: 'Tough luck, it's his.' But they changed their mind for Donald Trump?" he asked. "…

The law and court decision suggests that Trump is right. And frankly, based on this analysis, Trump should get every single document they took from him back. It's all personal records."

https://justthenews.com/politics-policy/all-t...uld-impact
Scroll down for more posts ▼

Top 10 Most Recent News Articles

Debt Crisis Looms: Social Security at Risk

Updated Category News Views 4

Debt Reality: A National Concern with Global Implications When it comes to the U.S. federal debt situation, the latest report from the National Seniors Policy Center is lighting a fire like no other, warning us that we're not crying wolf here. We've got fiscal numbers that may not sit well at breakfast. With roughly 67 cents of every new buck Uncle Sam borrows going to...

Continue Reading
Celebrate National Service Dog Month with Canine Companions

Updated Category News Views 5

A Month to Celebrate Unseen Heroes Take a pause. We're talking about National Service Dog Month. What in the world could be more endearing than a pack of puppies, those hopeful bundles of joy, destined to grow up and play pivotal roles in people's lives? Canine Companions is rolling out the red carpet for these future heroes, with a nine-day Puppy Cam event from September...

Continue Reading
Crimson Coward's Cheez Nugs Shake Up Fast-Casual Scene

Updated Category News Views 7

New Kid on the Block: Cheez Nugs Buckle up folks, Crimson Coward is at it again. They're rolling out something they claim will blow your taste buds straight out of the water: Cheez Nugs. Dropping nationwide on September 18, 2026, these aren't your run-of-the-mill cheese bites. We're talking 100% whole-milk mozzarella, a golden herb-seasoned crust, and a mouthful of creamy...

Continue Reading
Digital Wine Atlas Maps 4.3 Million Vineyards Globally

Updated Category News Views 4

Revolutionizing Viticulture with Data In today's wild world, climate change isn't just shifting weather patterns—it's upending the age-old map of wine-making regions. We've got a new player on the field: the World Winery Map. It's digital, massive, and it’s shaking things up for winemakers and grape enthusiasts alike. This platform covers a staggering 4.3 million...

Continue Reading
Debbie's Dream Foundation Launches 2026 Youth Art Contest

Updated Category News Views 5

Young Artists Called to Inspire a Cancer-Free World What's the first image that pops into your head when you think of a world free from cancer? That's the magic question on deck for this year's Youth Art Contest by Debbie's Dream Foundation. Imaginations are set to run wild as the competition opens its gates to artists under 18, calling for visions splashed across...

Continue Reading
Vetology Reinvents AI Models for Veterinary Radiology

Updated Category News Views 5

Revamping AI in Veterinary Practices Out there in San Diego, Vetology's been rolling up its sleeves and getting down to brass tacks with a complete do-over of their AI classifiers. They’ve rebuilt all 94 of them, every last one, on a brand-new architecture. No small task, this overhaul stretched from June to August and it wasn't just paint and polish but a whole new...

Continue Reading
Buffett Steps Down, New Faces at Berkshire Hathaway

Updated Category News Views 4

End of an Era: Warren Buffett's Retirement Warren Buffett—there's a name that's echoed through the halls of investment for decades. Today, he's pulling down the curtain as Chairman of Berkshire Hathaway (NYSE: BRK). No fanfare, just a nod to the inevitable with his classic, humor-tinged confession: 'Father Time always wins.' Can’t argue with the man who’s seen the...

Continue Reading
Bellissima Bags Allure Award for Curly Hair Tool

Updated Category News Views 4

Award-Winning Tool Headlines 2026 Beauty Scene There's a shake-up in the world of hair tools, folks. Bellissima's Diffon Supreme has snagged a 2026 Allure Best of Beauty Award for its prowess in taming the curly, wavy, and coily strands we all crave to manage. Performance Meets Innovation in Bellissima's Latest Let's not beat around the bush. The Diffon Supreme's trump...

Continue Reading
AI Ambassadors Rethink Arbitration's Future

Updated Category News Views 5

Navigating the AI Terrain in Arbitration It's 2026 and artificial intelligence isn't just a buzzword anymore; it's reshaping every corner of how disputes get resolved. The American Arbitration Association (AAA) has jumped into the mix, launching an AI Ambassador program to tackle a wave of AI-induced challenges. These aren't just academic exercises—this is a hard-nosed...

Continue Reading
DAHON's Tech: Crafting Folders That Ride Like Road Bikes

Updated Category News Views 4

The Folding Bike Revolution: More Than Just a Fad You've seen them zipping around—those compact, folding bikes. They're not just for urban commuters looking to save space. Oh no, this is a full-blown cycling revolution we're talking about. DAHON, a name that's been rolling since 1982, has been riding these waves and making strides that others can only dream of. While...

Continue Reading

Top 5 Most Recently Viewed Articles

Trustmark Mutual Holding Company Appoints New CEO John Anderson

Updated Category News Views 313

Trustmark Mutual Holding Company Welcomes New Leadership In a significant transition for Trustmark Mutual Holding Company, the Board of Directors has officially appointed John Anderson as the new Chief Executive Officer, succeeding Kevin Slawin. This appointment marks a crucial step in the company’s management evolution as they prepare for a promising future. Profile of...

Continue Reading
Understanding McKesson's Stock Growth Over the Past Five Years

Updated Category News Views 415

McKesson's Impressive Market Performance McKesson (MCK) has been on a remarkable trajectory in the stock market, outperforming many competitors and delivering solid returns for its shareholders. Over the past five years, McKesson's stock has achieved an annualized growth rate of 15.45%, leading to an average annual return of 28.27%. With a current market capitalization of...

Continue Reading
Structure Therapeutics Faces 52-Week Low Amid Market Turmoil

Updated Category News Views 151

Structure Therapeutics Reaches a 52-Week Low In a challenging market landscape, Structure Therapeutics ADR (GPCR), with a market capitalization of $1.55 billion, has hit a significant milestone by reaching a 52-week low price of $25.89. This sharp decline marks a noteworthy decrease of 42.67% over the past year, prompting concern among investors regarding the company’s...

Continue Reading
Explore Budget-Friendly Travel: Top Affordable Destinations

Updated Category News Views 446

Explore Budget-Friendly Vacation Options for 2025 As travelers start planning their adventures for 2025, they may notice a rise in general expenses. Recent data indicates that the average cost of a vacation has reached approximately $7,401, an increase from the previous year's $5,960. With this rise, finding affordable travel destinations becomes essential for...

Continue Reading
Cargo Theft: A Growing Challenge for the Trucking Industry

Updated Category News Views 268

The Impact of Cargo Theft on the Trucking Sector The American Transportation Research Institute (ATRI) has conducted thorough research reflecting the concerning issue of cargo theft affecting the trucking industry. This is a critical challenge that has significant financial implications for motor carriers, logistics service providers (LSPs), and ultimately consumers. By...

Continue Reading