Can you please clarify:
A President leaving office or a President who has left office?
I agree with you that once out of office, a President does not have the power to declassify documents. Is that what is being alleged about President Trump? I don't think so.
As to a President who is leaving office, he retains his powers until 11:59:59 on January 20. Are you saying that you don't accept the position that a President can declassify documents up to that moment?
Regarding your scenario, declassified yes, "belongs to him," no. For your scenario to happen, American would have had to elect a scoundrel, meaning that the entire campaign and election process, plus a term or two of Congressional oversight, has failed to discover the true nature of such a scoundrel. Besides, your scenario is treason, whether in or out of office and would be treated as such.
-PJ
“ As to a President who is leaving office, he retains his powers until 11:59:59 on January 20. Are you saying that you don’t accept the position that a President can declassify documents up to that moment?”
I agree that he retains that ability until the moment he leaves office. I don’t agree that the mere fact of him leaving office with classified documents renders them declassified.
“ Besides, your scenario is treason, whether in or out of office and would be treated as such.”
My scenario is only treason if he sells to an enemy. Legally, a country is only an enemy if we are in a state of war with them. We are not in a state of war with China or Russia. I don’t even think we are in a state of war with Iran. So what could they be charged with? The information is no longer classified, so they can’t be charged with revealing state secrets.
And you don’t think Biden and his family are scoundrels?
Also, if you agree that the documents don’t belong to the former president, then they belong to the government. Refusal to return them could be considered theft of government property, right?