The context needed to fully understand is wrapped up in constitutional powers, separation of powers and constitutional checks and balances.
As chief executive, the President is the highest authority in the executive branch. That’s clearly stated in Article II, Section 1 of the U.S. Constitution. There’s a lot of meaning in that first sentence, so let’s break that down a bit.
The President does not report to anyone in the executive branch. Everyone in the executive branch reports to the President. The President does not need nor require any approval from anyone on any matter in the executive branch.
The executive branch, inclusive of all agencies, bureaus and other divisions, operates at the direction of the President. The President can give orders to anyone in the executive branch. The orders may be formal or informal. Formal orders take the form of memorandum and executive orders. Those are explicitly orders for people other than the President to take action. The President does not order himself, specifically in executive orders. Even if he did, he can change his mind and ignore his own order.
Why bring up executive orders? There are executive orders that cover classified documents and document retention. They apply to others than the President since the President is chief executive. Even if their is language in an EO ordering the President to do something, the President is not compelled by a higher authority to follow an EO because there is no higher authority.
Item 1 in Trump’s defense: Executive Orders do not apply to the President. They do not apply to private citizens, such as you and me, and former Presidents.
Congress cannot take away the President’s executive powers. That is a separation of powers issue.
The checks and balances in the U.S. Constitution gives Congress some checks to executive power. For instance, Congress has the power of the purse. (There’s no defunding Trump from taking documents. They are his documents and for his use or his delegated use through subordinates.) Congress has many other power that also do not apply to this situation.
Congress passed the Presidential Records Act. That stupid shit Carter signed it into law. He should never had done that because it partially codifies executive powers. However, there are no penalties for the President in the Presidential Record Act. The President still remains chief executive and can manage his government as he sees fit.
Bottom line: the President can classify or declassify anything he wants without anyone’s approval. The President has the sole power to determine which records are personal and which are not. There is no one above him with more power than him to say no. Congress cannot say no. They have their own records. The judiciary cannot say no. They have their own records. Congress and the Judiciary have no power over the executive branch’s records.
Item 2 in Trump’s Defense: There is no law passed by Congress and signed by the President that limits the President power regarding classification, retention and possession of documents and records from the executive branch of government.
With a little observation it will be clear that neither Congress or the Judiciary are bringing criminal charges against Trump. It is the DOJ, part of the executive branch. More specifically, it’s a bunch of usurpers that think they have powers beyond the chief executive. They are the deep state.
The DOJ could not charge Trump with anything related to classified documents while Trump was in office because Trump had the power of the chief executive. They unwisely brought charges against Trump after he left office. There is a timing issue. Trump made the decision which documents to take with him from to White House to Mar-a-Lago when he was President, when he had chief executive powers.
Item 3 in Trump’s Defense: Trump, while in office and while having the powers of chief executive selected documents to take with him to Mar-a-Lago. He had complete power to do so. It required no process or documentation. There are no laws that prohibit him from doing so. Trump was chief executive. Those documents became personal documents the moment Trump’s term ended.
Trump selected the documents while he was chief executive to take with him when his term ended. He could do that because he was chief executive. The moment he left office with the documents, those documents became his personal records. That is based on action, not words, not process. They are also automatically declassified based on action, not words, not process. The action was simply taking the document with him as he left office.
When President Trump formally declassified documents about Cross Fire Hurricane, he did not do that for his use. Trump declassified those documents while in office so that others could read them.
The DOJ/FBI, as members of the deep state have ignored and abused the rights of President Trump. The subpoena issued for the raid at Mar-a-Lago was illegal, based on the fact there was zero evidence of any crime committed by Trump. (See items for the defense above.) Everything the DOJ/FBI has done subsequent to the raid can be attributed to the illegal subpoena and needs to be thrown out.
RE: the President can classify or declassify anything he wants without anyone’s approval
Ok, let’s accept that for now… here’s the main focus of the indictment — why didn’t he declassify the document he waved in front of the reporter ( by his own admission on the recording )?
And is it a crime for him to wave the classified document to a reporter ( assuming it is indeed classified )?