This is the real story on the Document Hoax — check it out!
Video transcript
>> Here at prime time, we still have some questions about why the feds stormed the House of Joe Biden's political opponent. Last night on Hannity, President Trump raised a pretty good point about the raid. Listen. >> Under the Presidential Records Act, there's no retribution or prosecution. You're supposed to negotiate. We're talking about documents. We're talking about documents that actually are being watched over to a certain extent. And I would say to a large extent by the Secret Service. Those documents were stored in his home, guarded by Secret Service, and locked away. Now, I'm not a lawyer, and I'm definitely not a librarian. So I can't tell you every little step a president's technically supposed to take to move around his paperwork. But what I can tell you is what past presidents did and how they were treated. Let's start with President George H.W. Bush. His presidential records ended up in a strip mall, a store that used to house a bowling alley and a Chinese restaurant. We're bowling shoes commingled with top secret documents. I don't know. I'm not a national security expert. But if your storage room shares a parking lot with a Chili's and a J.C. Penny, is that secure? Who's to say? Then there's Bill Clinton. Where did he store his records other than his sock drawer? Secret underground bunker, remote military base? Nope. He sent his records to an abandoned car dealership in Little Rock, Alabama. I'm sure Slick Willie had his fun in the back of a few Oldsmobiles, but it doesn't seem like the perfect place to store classified docs. What about George W. Bush? He stored millions of documents at some warehouse in Texas. Bush had an army of trucks and planes bringing them across the country. They even had thousands of artifacts, like Saddam Hussein's 9mm Glock. What about Obama? He's never done anything wrong. He must have had top notch security at his facility. This is where he secured his documents. What's this building? Well, it is a defunct furniture store right across the street from a McDonald's. That'll definitely keep the Russians out. Look at that. Why a furniture store? Did Obama have his aides hide documents under mattresses while he and Michelle shop for a new couch? Mar-a-Lago's a fortress crawling with secret service agents. All of a sudden, Trump sounds like he's handled records more responsibly than any president in the last 30 years. But H.W., Clinton, Bush, Obama, none of them got raided. The FBI didn't go through their wives' clothes. Why? Well, the Trump raid all started with a liberal librarian, David Ferriero. Remember him? On Inauguration Day, he was watching TV and saw Trump's entourage carrying some boxes in the Marine One. Quote, "I could remember watching the Trumps leaving the White House and getting off in the helicopter that day and someone carrying a white banker box and saying to myself, 'What the hell's in that box? Give me my box back. That's my box, and I want to know what's in it.'" He was an Obama appointee, and he loved Barry. Obama made him feel special, sent chills up his leg. He told the librarian his recordkeeping is just as important as anything else in the government. We were fortunate that President Obama, in his open government initiative, recognized the importance of good recordkeeping. And in fact, he used a quote from us in his executive order that the backbone of open government is good records management. And we were just dancing in the streets when we got that attention. Obama tossed your precious records in an old furniture store, buddy. Does he really care? But you didn't call the feds on him. It's only Trump who's guilty until proven innocent. And we have records that show that Barack Obama had classified documents in the furniture store and had to send them back to the librarian at the archives. Mike Davis is the president of the Article Three Project and former Senate Judiciary Committee Chief Counsel. I don't think anybody knows about this, that they had strip malls with classified information from former presidents. Did you know that? I did, but what it shows, Jesse, is there is a clear political double standard with Trump and a willful misunderstanding of the law, and they're using this willful misunderstanding of the law to get Trump. He has the absolute constitutional power as president to declassify anything he wants, and he has the absolute statutory power under the Presidential Records Act to take his records when he leaves office. And as you talked about, he went to the office of former president Amara Lago that happened to be where he used that as an office while he was the president. It was very secure. These records that he had never leaked for 18 months until the Biden Justice Department went down there and did this unnecessary, unprecedented, and unlawful home raid to get back these documents that didn't belong to them. And they have misrepresented the law to the courts, including to the 11th Circuit. And I hope President Trump files a new motion under Rule 41(g) of the Federal Rules of Criminal Procedure to get back all 11,000 of these records, including 100 documents, documents weren't classified, that he clearly declassified. Now Trump says on Hannity that he can declassify a document just by saying it's declassified. Is that true? Well, actually, that's not all he said. He talked about by ordering the documents to go to Mar-a-Lago, they're declassified. That is exactly right, because that is what a 2012 Obama judge ruled when President Clinton had eight years of audio tapes, 79 audio tapes of highly classified conversations in his sock drawer. So that is absolutely legally correct that by sending these documents to Mar-a-Lago, they are declassified. So Mike, I mean, just so the audience understands, Bill Clinton had tapes, classified tapes that he hid in his sock drawer. And an Obama judge said those are personal. You could keep them. No one rated the sock drawer. He kept all his tube socks and all that stuff. Is that what we're dealing with? I don't know if we want to look in his sock drawer, but that is exactly right. Those are personal records that he was allowed to keep under the Presidential Records Act. It didn't matter whether they were classified. And that is exactly how the Presidential Records Act works. Okay. They wanted to go through Melania's drawers, not Bubba's. Very interesting. Mike, thanks so much. Good work. Thank you.
Transcribed automatically. Expect errors in names and numbers.