The executive order is here:
I scanned the document with a “find” instruction. I found that the document authorized Vice President Biden to classify documents, but did NOT authorize him to declassi9fy documents.
Even if you were to make an argument that classification power implies declassification power, the executive order goes out of its way to separate classification authority from declassification authority, and specifies exactly who may declassify documents. The Vice President is not included in the people who may declassify documents.
Good catch. Thanks for your effort.
Not that it will matter. Everyone in the media will say that a declassification power is implied. That’s not so. But it will probably stick.
Our Republican senators might take a bolder approach: “There is no declassification power. But hey, it’s an honest mistake. So let’s all move on to spending money we don’t have.”
Even if Biden had the authority to declassify there would still have to be a paper trail of notifications to various agencies that also held the documents and therefore needed to be informed of their downgraded status.
Section 3.1.b.1 covers Biden declassifying if he originally classified. A limited exception in fact. “(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority;”
Bingo