What is the specific wording in the PRA that refers to the President’s power to classify/declassify?
All the stuff about declassification comes from Executive Orders, not the PRA. And Trump did not issue an Executive Order about declassification by mental telepathy. In short, the President CAN decide something is declassified, but he MUST communicate that to all other necessary powers.
The exception to him being able to declassify at will are nuclear secrets, and Dept. of Energy and DOD have to sign off.
Classification is a red herring.
the issue under the Presidential Records Act is that these documents belong to the American people, not to the President. Unless they are private papers and the Archivist has agreed that they are, Trump should not have had them.
. Under the PRA, the official records of the President and his staff are owned by the United States, not by the President.
The Archivist is required to take custody of these records when the President leaves office, and to maintain them in a Federal depository.
The reason for the Presidential Records Act was to specifically give the President and only the President carte blanche to declassify.
This is 100% false. See below.
In short, the President CAN decide something is declassified, but he MUST communicate that to all other necessary powers.
An Executive Order is a directive issued by the executive branch of the U.S. government. An Executive Order is not superior to the powers of the President of the United States under the U.S. Constitution.
Executive Orders are issued as directives aimed at everyone in the executive branch of the U.S. government who answers to the President.
Failure to follow an Executive Order doesn't constitute a crime under any circumstances. That's why all of these former Presidents and Vice Presidents have repeatedly demonstrated that they don't give a damn about meeting the requirements of these Executive Orders.
The exception to him being able to declassify at will are nuclear secrets, and Dept. of Energy and DOD have to sign off.
This statement is ludicrous on its face. Under what objective interpretation of the U.S. Constitution is the President of the United States subject to the authority of ...
(1) ... cabinet officials who the President himself appoints; and
(2) ... a department of the executive branch (Dept. of Energy) that didn't even exist until 1977?