“ 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?
I believe the Presidential Records Act separates "Presidential records" from "government records."
I read somewhere (today) that a President has permanent access to their own presidential records, and can designate anyone as a representative to handle them, too.
So the question comes down to whether the documents in question were presidential records. I think President Trump says they were, the DoJ says they're not.
-PJ