ARTICLE II
SECTION 1. The executive power shall be vested in a President of the United States.
The Just Us Department is really moving fast on this. I assume that the Biden bribery case that they have been “working on” for the last three years will be concluded in a matter of days or even hours.
The USSC disagreed in the past. I suppose that means nothing.
It seems Clinton got off the hook via the USSC. Different court makeup will probably have different rules. I wouldn’t count on Trump’s last two picks to help him out.
The President’s declassification power is plenary.
Presidential Records (44 U.S.C. Chapter 22)
§ 2201. Definitions
§ 2202. Ownership of Presidential records
§ 2203. Management and custody of Presidential records
§ 2204. Restrictions on access to Presidential records
§ 2205. Exceptions to restricted access
§ 2206. Regulations
§ 2207. Vice-Presidential records
§ Note. Rule of Construction
§ 2208. Claims of constitutionally based privilege against disclosure
§ 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts
....
§ 2203. Management and custody of Presidential records
(a) Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President’s constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are preserved and maintained as Presidential records pursuant to the requirements of this section and other provisions of law
....
§ 2204. Restrictions on access to Presidential records
(a) Prior to the conclusion of a President’s term of office or last consecutive term of office, as the case may be, the President shall specify durations, not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record, within one or more of the following categories:
(1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and
(B) in fact properly classified pursuant to such Executive order....
https://www.archives.gov/about/laws/presidential-records.html#2203
Does the “fact check” mention the Presidential Records Act? All records in the Presidential possession are property of the President and are his no matter what the classification may be.