"I hope Garland and Wray get herpes."
Me too, and I hope they get monkeypox too.
Posted on 09/20/2022 9:01:31 PM PDT by SeekAndFind
There is no higher Authority of Classified Material than the POTUS!!! That is how it works!! He controls what is classified, How it is Classified. Ect!!! He can wave a magic wand over a file cabinet and everything in it becomes unclassified!! He makes all the rules for classification!!
Thank you!
“I’m not quite grasping the, uh, nuances of the argument being made”
_________________________________________
Well, that’s no surprise.
Isn't it odd that no Democrat is ever referred to this way. The media never uses the word 'former' when writing about Obama.
“Disclosing the method and manner to the special master tells them what aisle to clean up.”
________________________
There it is.
Here is one declassification memo on FBI’s Crossfire docs. After the president declare the documents declassified, they are unclassified regardless of the markings on them.
Memorandum on Declassification of Certain Materials Related to the FBI’s Crossfire Hurricane Investigation
LAW & JUSTICE
Issued on: January 19, 2021
SHARE:
ALL NEWS
MEMORANDUM FOR THE ATTORNEY GENERAL
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
SUBJECT: Declassification of Certain Materials Related to the FBI’s Crossfire Hurricane Investigation
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
Section 1. Declassification and Release. At my request, on December 30, 2020, the Department of Justice provided the White House with a binder of materials related to the Federal Bureau of Investigation’s Crossfire Hurricane investigation. Portions of the documents in the binder have remained classified and have not been released to the Congress or the public. I requested the documents so that a declassification review could be performed and so I could determine to what extent materials in the binder should be released in unclassified form.
I determined that the materials in that binder should be declassified to the maximum extent possible. In response, and as part of the iterative process of the declassification review, under a cover letter dated January 17, 2021, the Federal Bureau of Investigation noted its continuing objection to any further declassification of the materials in the binder and also, on the basis of a review that included Intelligence Community equities, identified the passages that it believed it was most crucial to keep from public disclosure. I have determined to accept the redactions proposed for continued classification by the FBI in that January 17 submission.
I hereby declassify the remaining materials in the binder. This is my final determination under the declassification review and I have directed the Attorney General to implement the redactions proposed in the FBI’s January 17 submission and return to the White House an appropriately redacted copy.
My decision to declassify materials within the binder is subject to the limits identified above and does not extend to materials that must be protected from disclosure pursuant to orders of the Foreign Intelligence Surveillance Court and does not require the disclosure of certain personally identifiable information or any other materials that must be protected from disclosure under applicable law. Accordingly, at my direction, the Attorney General has conducted an appropriate review to ensure that materials provided in the binder may be disclosed by the White House in accordance with applicable law.
Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Attorney General is authorized and directed to publish this memorandum in the Federal Register.
DONALD J. TRUMP
The White House
It would seem to be an obvious trap to ensnare him in Espionage Act nonsense or some other technical violation. His lawyers seem to be well aware of this, based upon their Tuesday statements.
Disclosing the existence and whereabouts of copies the declassification orders to the deepstate would endanger them. These people will do anything...
Accused persons are frequently advised not to speak to the police or the prosecutors, except in the presence of their lawyers, prior to the trial. This protects the elements of their defense from the prosecution developing specific counter evidence or arguments prior to hearing it for the first time in court.
It is forced to build its case on the evidence it can gather independently. Sometimes this is very difficult and results in a decision to reduce the charges to what can be proven or to a decision not to prosecute the case at all.
President Trump‘s lawyers are simply exercising a common defense strategy to protect their client during subsequent legal proceedings.
The president, his attorneys claim, doesn’t require any other government official or procedure to verbally pronounce a document declassified. He is, by authority of his office, the highest classification/declassification authority in the government. The challenge for the government is to prove that an order given given by a sitting President to Executive Office of the President subordinates that all classified documents being packed by GSA for removal from the White House to Mar-a-Lago (sp) were declassified is, in fact, inadequate to accomplish the declassification action. In order to do that, the government would have to prove that the president lacks the authority of the chief executive. Not sure if the government even wants to go there in pursuing this case.
It doesn’t matter if the order was improperly carried out. The issue is whether or not 1) the president was competent to give the order; 2) that he still was President at the time the order was given, and 3) whether or not subordinates improperly carrying out administrative procedures to mark the documents as declassified meet the elements of the offense for the serious allegations (treason/espionage) supposedly being made by the government against President Trump.
Because providing the details of the President’s declassification of the documents (which btw is known to the GSA which handled the transfer days before he left the WH), provides exposure of defensive evidence (which may be needed and could then not be used) should the idiots try to INDICT him... on “just because we say so”. Make the very declas details the REASON basis for an indictment-— when it can not ever be.
Getting the Special Master to “enable” their continued invention of a “crime” into a process “crime”. This is the point of the comments that declassification is NOT subject to the bureaucrats that served under the Executive. There is much precedence and Constitutional support- Presidential declass is the TOP clearance.
In this case the declas lifts the rock exposing the worms who have been violating Federal Statutes governing their actions....for several decades. Extra-judiciary and Extra- Executive actions of the said ... administrative state, which has NO power to do this unless they fake it— as they have done, and which protects THEM not national security. Like calling Trump a Russian agent, invented by hitlery’s money and completely fabricated narrative washed through willing complicit criminal police actions to cover up said actions.
“There is no legitimate contention that the chief executive’s declassification of documents requires approval of bureaucratic components of the executive branch.
Sounds like Judge Raymond Dearie some bait from someone?.
Huh!?
Where did you get that?
Do you have the signed original?
I hope Trump’s lawyers put forth “the Bill Clinton’s sock drawer” defense.
Since that case was decided by SCOTUS it would be hard to beat.
Unless, SCOTUS decided that was wrongly decided and they reverse that ruling.
Fixed it.
-PJ
First, and probably most important, is "separation of powers".
It has long been recognized that our Republic consists of three co-equal branches; the legislative, the judicial, and the executive. Each is protected in its duties from the other two. None of them has the authority to surrender their powers to the others.
The other term missing from the thread is "executive privilege". This term describes the fact that a President cannot operate in a vacuum. He needs advisers to inform him and make recommendations to him. The President is not required to provide details of important deliberations to anybody.
There are "checks and balances" in the system designed to prevent abuse of office. The authority of any branch of our government is not unlimited. The basic limits are spelled out in the Constitution and others are defined by the various precedential legal cases.
The bottom line in this case would appear to involve whether Congress, in writing laws regarding classification of documents, has the authority to limit the actions of a President. The President is the caretaker of the nation's important secrets. Presumably the President is privy to any secrets that might impact the nation's well-being. As President, he requires the authority to use the information he has, whether classified or not, to carry out his duties.
Just as the President does not have the authority to dictate to Congress how its committees conduct their business, Congress does not have the authority to dictate to the President how he conducts his business.
I would suggest that it is virtually impossible for Congress to limit what President Trump did with the documents in question. It would be a big mistake for Trump to declare that he carried out any particular process with regard to those documents. It is sufficient that nobody else can claim that he committed a crime in his handling of such documents.
As for the idea that Biden "re-classified" the documents, the burden on Biden of such a claim would be great indeed. How does one classify documents knowing that copies exist outside the government?
The argument you are making about the President's right to declassify is an argument that Trump's lawyers are refusing to make in court. They haven't even claimed that Trump actually did declassify the documents. Arguing that the president has the right to declassify documents is irrelevant unless you show that he actually did.
And I'm not saying that he had to follow any bureaucratic red tape to do so. If you want to argue he can declassify documents just by thinking about it, and not telling anyone else or writing it down, that's fine. If you want to say that all he has to do is tell someone, that's fine too. But then you have to submit an affidavit from President Trump saying that he mentally declassified these documents, or from someone saying they were party to a conversation in which he declassified the documents. But they won't do even that.
They're going to lose, and rightfully so, if they stick to that ridiculous position.
Hi.
I’ve posted this before and will say it again.
Apparently the FBI didn’t get all of the Crossfire Hurricane docs. Probably another raid coming.
In the fwiw department, I hope Garland and Wray get herpes.
5.56mm
So if he wants to argue that he did declassified those documents while he was still President, his lawyers have to submit some shred of evidence to support that. At least an affidavit or declaration from Trump himself stating that he declassified them. But they won't do that.
One thing that is important to remember here is that if President Trump did declassify those documents, then they are declassified for everyone as of that instance. Anyone could make them public without repercussions.
They have not submitted any evidence that President Trump verbally pronounced the documents declassified in the first place. That's what is so odd. If you want to make the argument that the president can declassify documents anytime he wants with just a word, that's fine. But you still have to introduce some evidence that he actually did do that.
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