And it is fair to note that the current President does have nearly unlimited power to classify or declassify documents. The tricky bit is whether itās sufficient for the President to simply wave his hands or have a blanket ruleā¦or if thereās a formal process that has to be followed (including marking up the documents to reflect the change in classification).
I understand the latter is true, but I donāt think itās necessary to be a cult member to believe the former is the case if they havenāt been exposed to the official rules.
Trump has been sloppy with classified documents before. Most typically Trumpian, there was the time he tweeted this image, revealing to the world the power of our satellites.
It opened the same can of worms then. And I think people more or less vaguely agreed that the president can implicitly declassify a top-secret document by tweet.
But of course here he didnāt tweet anything. He just stole them. And they are still classified, since we certainly arenāt allowed to see them. And he doesnāt have the power, anymore, to declassify them. And the whole classification process is largely unrelated to the actual law anyway.
I thought I had read that the āofficial rulesā are baked into executive orders which have never been ultimately decided to actually restrict the executive.
Itās generally held that the President cannot declassify documents related to nuclear weapons. However thereās no precedent for it so this isnāt settled procedure. If those foreign nuclear capability documents were in fact declassified, a TON of people would be FOIAāing them.
Same could be said for our foreign secret intelligence operatives (that is, theyād be FOIAād immediately and people would die), but to my understanding he could declassify those. However it seems mostly agreed-upon he canāt say āanything I thought in my head should be declassified is after the fact.ā The Special Master seems to have reaffirmed that.
Agree that the president has broad powers to declassify, and that things classified by statute may be excluded from that power (like the nuclear secrets and foreign operatives). None of this has ever been tested in court though, nor has not following proper declassification procedures.
Hereās an interesting article on that topic:
If Trump truly declassified everything that ever left the oval office automatically just by thinking about it, it should all be available for any of us to access via a FOIA request. That could get interesting.
Even if he magically declassified everything, it wouldnāt mean he couldnāt be prosecuted under the Espionage act if the DOJ goes down that road. It also wouldnāt mean he could abscond with whatever he wanted to, or sell the stuff for personal gain if it ever gets that far. None of this stuff has ever been tested because no president has ever behaved in this fashion before.
The joke is that these people are āindependentā
They likely are bunch of free thinkers.
Or those āindependentsā that voted for Trump twice because āboth parties are the sameā
Or those Q that think Republicans are too liberal.
Yep. Same with the magical declassification by just thinking about it. Lawyers arenāt willing to risk their livelihood making these arguments in court. Letās see if they try to tapdance around this one too.
I always wondered why they couldnāt find those. Seems like important info for the Jan. 6th committee. Hopefully they can see them before they wrap up their report.