[Bruce Campbells Chin]

What is the evidence that he deemed them unclassified while President?

Because if his only argument is that a former President saying that he mentally declassified things while President actually declassified them, that argument will lose 9-0 at the Supreme Court. As it should.

[DIRTYSECRET]

49 minutes whining about the FBI raid. 5 minutes on policy. Hannity is a waste of time.

[TexasGurl24]

Yep. Interestingly enough, none other than the NY Slimes previously made the argument that a President can "inadvertently declassify" information when they were trying to FOIA information about training rebels in Syria and claimed that Trump "declassified it" by making reference to the program.

The courts rejected that argument out of hand:

"The Times cites no authority that stands for the proposition that the President can inadvertently declassify information and we are aware of none. Because declassification, even by the President, must follow established procedures, that argument fails." N.Y. Times v. CIA, 965 F.3d 109, 123 (2d Cir. 2020).

[newzjunkey]

If the sitting president selected the files to go with him when he left office he made a proactive step that indicated they were declassified.

On this matter of classification and declassification a president’s judgement and word should be absolute. Who is the court to demand a president follow a “process” for identifying unclassified documents? They were in his possession at his residence under lock and key.

[Mariner]

“What is the evidence that he deemed them unclassified while President?”

The proper question under the constitution is: What is the evidence he didn’t?