Posted on 08/12/2022 4:33:46 PM PDT by ConservativeInPA
One of the members of Congress who commented after the newspaper’s revelations was Sen. James Risch, R-Idaho. According to CNN, he told reporters, "The minute the president speaks about it to someone, he has the ability to declassify anything at any time without any process."
The majority ruling in the 1988 Supreme Court case Department of Navy vs. Egan -- which addressed the legal recourse of a Navy employee who had been denied a security clearance -- addresses this line of authority.
"The President, after all, is the ‘Commander in Chief of the Army and Navy of the United States’" according to Article II of the Constitution, the court’s majority wrote. "His authority to classify and control access to information bearing on national security ... flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant."
(Excerpt) Read more at politifact.com ...
Suck on that glorified librarians and DOJ/FBI scumbags.
The ‘Law Offices of Merrick Garbage & Sting Wray’ will rely on the media to keep this QUIET.
It won’t matter. Just like the actual facts did not matter in the Russia probe. The optics will be milked by the Democrats.
Oh I forgot. Biden OUTED SEAL TEAM 6 when he wasn’t even President.
If Trump declassified something while he was president, and then Biden gets in the office and classifies the same thing again, it is classified. The fact that it was declassified for sometime becomes ineffective.
Oh that darned old Constitution keeps getting in their way.
And former Presidents retain their clearance status until the day they die so having classified docs from their own terms in office is in no way illegal.
... and anyone without a sufficient clearance level that has already seen it has to now unsee it.
Sorry, having been in the classification process, I find it hard to believe a president can unilaterally declare something declassified. Any more than they can just “turn the key” for nuclear missiles. And then just walk away with whatever info that was in the next breath (which, BTW, is supposed to be part of “need to know” as well, even if you are qualified to handle the classified level).
That’s a dangerous precedent. Checks & balances of various kinds have been built into the system.
“when the president does it, that means that it is not illegal”
Our presidents must have the ability to do what is best for our nation and we all know the President Trump acts only in the best interest of the American people.
I just posted an article about this:
https://freerepublic.com/focus/f-news/4085214/posts
If this is true, Trump declassified the documents, now he thought they were public record so he took copies or originals.
Then they were immediately reclassified but the reclassification was never made public, so he didn’t know he was doing something illegal.
It’s about Russiagate, there must be a reason why the material Trump declassified was never made public.
Even Politifact admits the President’s power is total and complete and Constitutioal based.
https://www.politifact.com/factchecks/2017/may/16/james-risch/does-president-have-ability-declassify-anything-an/
Quoting from the article:
The majority ruling in the 1988 Supreme Court case Department of Navy vs. Egan — which addressed the legal recourse of a Navy employee who had been denied a security clearance — addresses this line of authority.
“The President, after all, is the ‘Commander in Chief of the Army and Navy of the United States’” according to Article II of the Constitution, the court’s majority wrote. “His authority to classify and control access to information bearing on national security ... flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant.”
The Dems, of course, are not above arguing there is evidence Trump handled such documents in an improper and chargeable manner.
You sound like a deep stater. You are saying an unelected bureaucrat has powers that the chief executive and commander in chief does not. Scalia says you are wrong. He sided with the majority in the opinion. You should defend Trump using Supreme Court decisions instead of working against America like typical lazy ass government employees.
“Need to know”.
Also applies to “need to possess”.
‘You Have No Integrity FBI’: Seb Gorka Stands Up Against The FBI For Declaring War On America
I saw that live. Seb was on fire.
I’ll take the SCOTUS’ decision on it instead of yours if you don’t mind.
My husband reminded me of a video we were shown during our time working for a defense contractor where we both had top secret clearance.
It was of Carter talking on TV about some surveillance that had been classified. The mere act of Carter talking about it on TV automatically declassified the information.
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