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 ...
I said nothing about media.
Anyway, show me where the Constitution says anything about classification systems and classified info.
I just don’t know regardless of doc status if he had a right to take it. Unless it’s just copies of info they still have in the gov/WH.
Once again, the POTUS has A NEED TO KNOW anything going on in the USA.
If documents are deemed unclassified, they are open for inquiry by anybody.
Your logic is BS. You seem to say he declassified them a month ago. Get a grip.
SCOTUS 1988.
“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.”
Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy, said that such authority gives the president the authority to “classify and declassify at will.”
If it goes back to SCOTUS so be it.
You are free to consider whether a corrupt FBI and CIA would be a threat to national security.
You are just unlucky.
You are not president.
The constitution plainly gives the president all of the powers you doubt he has and the supreme court has heard a case in which the court concluded and stated that laws can not change that.
Because the president says it was.
He just says it?
Yes.
Would you believe Bill Clinton if he says he declassified something? Would you believe Zero? Would you believe SloJoe?
As much as I wouldn't want to, show me in writing, in the Constitution, where their powers are such limited.
According to every classification guide I ever saw the President can declassify any document at any time.
It is documented.
The FRino faction is showing its face.
Now I’ll offer my speculation based on what we’ve been discussing.
Every President can make his own rules about what constitutes his declassification procedure. He can’t impose his rules on past presidents nor make rules for future presidents.
Indeed, this is true. There are no laws that say different. The Constitution, Article II is currently the final authority.
If 0bama says “every document I put this LGBTQ flag stamp on is declassed” it’s declassed.
Yes.
If Trump says “if I wave my hand over a box of docs it’s declassed” it’s declassed.
Yes.
If Biden says “every doc I spill ice cream on is declassed” then it’s declassed.
Yes.
And when, not if, Dwayne Elizondo Mountain Dew Camacho is elected President he can say “Any document I shoot with my machine gun is declassified” then that document is declassified.
Yes. Indeed he can.
If anything can be taken from all that it’s that it is very important that we take the election of presidents seriously. :)
Yep!
And as I've pointed out above, if congress wants to draft laws, and the president wishes to sign then, and SCOTUS will uphold them to limit executive power in regards to classified documents, then they are free to do so.
They have not yet done this.
I don't think they can do that given the current wording of the Constitution and in light of the SCOTUS ruling on the absolutism of that wording. It would have to be a Constitutional amendment.
You are a perfect example of why the government is so screwed up.
To you and your cohorts nothing can happen until all of the paper work is created with every “T” crossed and “i” dotted.
You are talking about the president. If you have not noticed, he has privileges and powers you and I do not have.
He does nit need to nor does he have the time to worry about all of the little crappy stuff that you do. That is why you are there...
Get over it. You are looking very foolish.
U.S. government classification programs are enacted by executive order, not legislation. The President, is the original classification authority and can issue orders on how those programs can function. He is also not bound by his own orders. The President decides the “need to know.”
stupid librarians trying to decide who we can and cannot vote for..
Who reclassified the docs after they were declassified and never published it???????”
https://twitter.com/Checkmate2024/status/1557837508741832704
lol...
Oh sure, like when top players in the government attempted to criminally undermine, compromise and overthrow a presidential candidate then a president? Got it!
As I posted above, if congress wants to pass a law and have President Biden sign it that draws out procedures for the execution of executive authority in regards to declassifying documents, then they are free to do so.
No, Congress is not empowered to do so. Congress cannot lawfully enact laws to infringe upon the executive powers vested in the President by the people via the Constitution.
The entire executive power of the Federal government is vested in the President alone by Article 2 of the Constitution. Congress has no power to pass laws amending the Constitution or limiting the executive power of the President.
Navy v. Egan, 484 U.S. 518, 527 (23 Feb 1988)
The Court of Appeals' majority stated: "The absence of any statutory provision precluding appellate review of security clearance denials in section 7512 removals creates a strong presumption in favor of appellate review," citing Abbott Laboratories v. Gardner, 387 U. S. 136, 141 (1967). 802 F. 2d, at 1569. One perhaps may accept this as a general proposition of administrative law, but the proposition is not without limit, and it runs aground when it encounters concerns of national security, as in this case, where the grant of security clearance to a particular employee, a sensitive and inherently discretionary judgment call, is committed by law to the appropriate agency of the Executive Branch.The President, after all, is the "Commander in Chief of the Army and Navy of the United States." U. S. Const., Art. II, § 2. His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant. See Cafeteria Workers v. McElroy, 367 U. S. 886, 890 (1961). This Court has recognized the Government's "compelling interest" in withholding national security information from unauthorized persons in the course of executive business. Snepp v. United States, 444 U. S. 507, 509, n. 3 (1980). See also United States v. Robel, 389 U. S. 258, 267 (1967); United States v. Reynolds, 345 U. S. 1, 10 (1953); Totten v. United States, 92 U. S. 105, 106 (1876). The authority to protect such information falls on the President as head of the Executive Branch and as Commander in Chief.
Congress does not create Exective Branch agencies superior to the President which set down rules the President must follow. His authority flows from the Constitution, not a grant from the Congress or an agency created by the Congress.
If the Congress desires to amend the Constitution, they must propose an amendment and get it ratified.
Classification and declassification are controlled by Executive Orders. The President is not constrainted by Executive Orders. He can always abolish all existing executive orders. He does not need the approval of anyone to do so.
All delegated power or authority to classify or declassify derives from the constitutional executive power vested by the people in the President alone. His agents and subordinates only wield authority delegated down from him. Nobody in the executive branch under the President is empowered by the Constitution or Congress to establish hoops which the President must jump through in order to wield his constitutionally provided executive power. In their infinite wisdom, the people vested all the executive power of the federal government in one person, the President.
So you were POTUS?
You will notice all the DeSantis lovers are liking this Fed hit job on Trump.....
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