| | https://www.archives.gov/publications/prologue/2016/winter/presidentialtransitions. The National Archives thoughtfully negotiated a Memorandum of Understanding with the Barack Obama Foundation concerning the management and digitization of Obama Administration records several years after his presidency. See, e.g., U.S. National Archives, Memorandum of Understanding Between the Barack Obama Foundation and National Archives and Records Administration Regarding the Digitization of Obama Presidential Records, available at | | https://www.archives.gov/publications/prologue/2016/winter/presidentialtransitions. The National Archives thoughtfully negotiated a Memorandum of Understanding with the Barack Obama Foundation concerning the management and digitization of Obama Administration records several years after his presidency. See, e.g., U.S. National Archives, Memorandum of Understanding Between the Barack Obama Foundation and National Archives and Records Administration Regarding the Digitization of Obama Presidential Records, available at |
| | https://www.archives.gov/files/foia/obama-digitization-mou-executed-2-15-19.pdf (last accessed, October 1, 2022). In contrast, almost from the outset here, the Government feigned concern about purported classified records to justify commencement of a criminal investigation (not even contemplated under the Presidential Records Act) and then raided President Trump’s personal residence (a secure compound protected by U.S. Secret Service agents and used during the Trump Presidency to conduct the official business of the United States). This disparate treatment of President Trump is suggestive of a Government that has “pick[ed] the man and then search[ed] the law books . . . to pin some offense on him.” Morrison, 487 U.S. at 727 (Scalia, J., dissenting). But our courts “do not countenance” political judicial theater. See United States v. North, 910 F.2d 843, 865 (D.C. Cir. 1990).}} | | https://www.archives.gov/files/foia/obama-digitization-mou-executed-2-15-19.pdf (last accessed, October 1, 2022). In contrast, almost from the outset here, the Government feigned concern about purported classified records to justify commencement of a criminal investigation (not even contemplated under the Presidential Records Act) and then raided President Trump’s personal residence (a secure compound protected by U.S. Secret Service agents and used during the Trump Presidency to conduct the official business of the United States). This disparate treatment of President Trump is suggestive of a Government that has “pick[ed] the man and then search[ed] the law books . . . to pin some offense on him.” Morrison, 487 U.S. at 727 (Scalia, J., dissenting). But our courts “do not countenance” political judicial theater. See United States v. North, 910 F.2d 843, 865 (D.C. Cir. 1990).}} |