“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.”
The special master is simply to give his opinion on what is declassified and what is not. Docs not classified were wrongly seized and go back to Trump. Docs he’s not sure of go on another pile. And what he thinks are still classified go on the third pile. And it’s up to the FBI to prove that the limited scope of documents are classified
Let’s say Trump has the Crossfire Hurricane documents. If he just releases them and says the FBI is corrupt, he gets arrested and tried in DC with DC courts and juries. They will claim he has no right to declassify. Those courts and court of appeals side with the FBI. The Supreme Court hears the case and gets all the political court accusations if they reverse. And in my dream world a lot of people who perpetuated this scam get arrested.
He now is in the FL district. He’s being coy about declassification because he wants the FBI to say in court they’re classified. Now he gets to prove it with a Florida jury, heard by a more sympathetic appeals court and confirmed by the Supreme Court. Now all the documents are released without any doubt of his legitimacy to do so.
Has? Or had until they were seized? In any case, that should be an easy one because he clearly signed a memo stating they were declassified. So that's evidence that he declassified them as President.
He now is in the FL district. He’s being coy about declassification because he wants the FBI to say in court they’re classified. Now he gets to prove it with a Florida jury....
That's not how it works at all The government already has claimed, in this Florida court, that those documents are classified. And Trump's lawyers are refusing to answer that because they want to wait for the criminal trial, which will happen in D.C.
And there isn't/won't be a jury in Florida anyway. It's not a jury issue.