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Fact check explores presidential authority to declassify
American Bar Association ^ | 10/24/22 | American Bar Association

Posted on 06/08/2023 5:44:40 PM PDT by tarpit

Trump added to the confusion when he said in an interview with Fox personality Sean Hannity, “There doesn’t have to be a process, as I understand it. ... If you’re the president of the United States, you can declassify just by saying it’s declassified. Even by thinking about it.”

Most national security legal experts dismissed the former president’s suggestion that he could declassify documents simply by thinking about it. But as an ABA Legal Fact Check posted Oct. 17 explains, legal guidelines support his contention that presidents have broad authority to formally declassify most documents that are not statutorily protected, while they are in office.

The system of classifying national security documents is largely a bureaucratic process used by the federal government to control how executive branch officials handle information, whose release could cause the country harm. The government has, however, prosecuted cases for both mistaken and deliberate mishandling of information. Under the U.S. Constitution, the president as commander in chief is given broad powers to classify and declassify such information, often through use of executive orders.

Some secrets, such as information related to nuclear weapons, are handled separately under a specific statutory scheme that Congress has adopted under the Atomic Energy Act. Those secrets cannot be automatically declassified by the president alone and require, by law, extensive consultation with executive branch agencies.

In all cases, however, a formal procedure is required so governmental agencies know with certainty what has been declassified and decisions memorialized. A federal appeals court in a 2020 Freedom of Information Act case, New York Times v. CIA, underscored that point: “Declassification cannot occur unless designated officials follow specified procedures,” the court said.

As the new ABA Legal Fact Check notes, the extent of a president’s legal authority to unilaterally declassify materials — without following formal procedures — has yet to be challenged in court.


TOPICS: News/Current Events
KEYWORDS: classified; declassified; indictment; trump
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Tuesday will be interesting.
1 posted on 06/08/2023 5:44:40 PM PDT by tarpit
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To: tarpit

The deep state is showing its desperation. Bigly.


2 posted on 06/08/2023 5:46:39 PM PDT by blackdog ((Z28.310) My dog Sam eats purple flowers.)
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To: tarpit
I'd like to see what Alan Dershowitz and Jonathan Turley have to say.
3 posted on 06/08/2023 5:47:20 PM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: tarpit

One question: to which higher authority in the Executive Branch does President Trump request permission to declassify documents?


4 posted on 06/08/2023 5:47:48 PM PDT by ConservativeInPA ("How did you go bankrupt?” Bill asked. "Two ways," Mike said. "Gradually and then suddenly." )
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To: tarpit

The wet work gangs at the DOJ will fuel some kook to take Trump out. Then take out the kook. Bank on it.


5 posted on 06/08/2023 5:48:44 PM PDT by blackdog ((Z28.310) My dog Sam eats purple flowers.)
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To: tarpit

Bill Clinton’s sock drawer is giggling.


6 posted on 06/08/2023 5:49:34 PM PDT by Honest Nigerian
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To: tarpit
“Declassification cannot occur unless designated officials follow specified procedures,”

Please point to the written procedure the President must follow. I haven't seen it.

7 posted on 06/08/2023 5:49:57 PM PDT by ClearCase_guy (“You want it one way, but it's the other way”)
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To: tarpit

Actually, the Clinton sock drawer cas has already established it.


8 posted on 06/08/2023 5:50:34 PM PDT by McGavin999 ( A sense of humor is a sign of intelligence, leftists have no sense of humor, therefore………)
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To: tarpit

The President decides what’s classified, not some professional affirmative action administrative state bureaucratic parasite.

Only mentally ill pervert supremacists would believe otherwise.


9 posted on 06/08/2023 5:52:03 PM PDT by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████. FJB.)
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To: ConservativeInPA

Exactly. Notifying others as part of declasifying doesn’t mean he cannot declassify something if processes weren’t 100% followed. Its not asking permission, its notifying.


10 posted on 06/08/2023 5:52:16 PM PDT by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: tarpit

“ Some secrets, such as information related to nuclear weapons, are handled separately under a specific statutory scheme that Congress has adopted under the Atomic Energy Act. Those secrets cannot be automatically declassified by the president alone and require, by law, extensive consultation with executive branch agencies.”

This bears repeating.

Everyone should calm down a bit until we see what is in the indictment.


11 posted on 06/08/2023 5:52:29 PM PDT by Vermont Lt
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To: Gay State Conservative

Both have spoken to the issue. They think the any charge based on classified documents is absurd. The chief executive is exactly that. He doesn’t report to anyone higher in the Executive. Process for low level functionaries do not apply, but of course the eff’n pathetic lives of every eff’n POS government employee is built on process, not competence.


12 posted on 06/08/2023 5:53:20 PM PDT by ConservativeInPA ("How did you go bankrupt?” Bill asked. "Two ways," Mike said. "Gradually and then suddenly." )
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To: Vermont Lt

It’s a revenge indictment on behalf of Hillary Clinton:

CALL TO ACTIVISM
@CalltoActivism

🚨🚨🚨MAJOR BREAKING: Donald Trump is facing five years in prison and a felony because of a law HE SIGNED in attempt to punish Hillary Clinton in 2018.

The law HE SIGNED upgrades the crime of wrongly moving classified material from a misdemeanor to a felony.

Trump signed the bill after spending the 2016 presidential campaign accusing Hillary Clinton of improperly handling classified information.

“Trump certainly has legal exposure to Section 1924 given it was classified documents from his spaces in the White House that were removed to Mar-Lago,” said attorney Bradley P. Moss.

This evening, Trump posted on Truth Social that he would be indicted.

Trump said he must report to a Miami courthouse this Tuesday.

6:45 PM · Jun 8, 2023


13 posted on 06/08/2023 5:54:55 PM PDT by Macho MAGA Man (The last two weren't balloons. One was a cylindrical objects )
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To: tarpit

Policy…procedure…blah…blah…blah…. Bureaucratic policies and procedures can’t trump a President’s constitutional authority. We’ve created such an extra-constitutional administrative state that the bureaucrats and government lawyers actually believe that the Constitution is subordinate to their dictates.


14 posted on 06/08/2023 5:55:38 PM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.y )
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To: Macho MAGA Man

Hillary wasn’t President, a big difference.


15 posted on 06/08/2023 5:56:52 PM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.y )
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To: Secret Agent Man

I believe the argument can also be made that as chief executive, Trump can make one-time or permanent changes to processes not detailed by law. Rarely does Congress say these are the steps to be taken. They say, such and such entity will fill in the details.


16 posted on 06/08/2023 5:57:27 PM PDT by ConservativeInPA ("How did you go bankrupt?” Bill asked. "Two ways," Mike said. "Gradually and then suddenly." )
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To: ConservativeInPA

He could make an executive order making those exact changes you mention.


17 posted on 06/08/2023 5:58:17 PM PDT by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: tarpit

Former Asst. Attorney for DOJ under Trump named CClark said tonight that he was contacted, coincidentally today by, I think prosecutors, because they are attempting to take his DC BAR license. Disgusting.


18 posted on 06/08/2023 6:02:45 PM PDT by vivenne
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Comment #19 Removed by Moderator

To: Vermont Lt
“ Some secrets, such as information related to nuclear weapons, are handled separately under a specific statutory scheme that Congress has adopted under the Atomic Energy Act. Those secrets cannot be automatically declassified by the president alone and require, by law, extensive consultation with executive branch agencies.”

(Note: The executive power isn't vested with "executive branch agencies")
20 posted on 06/08/2023 6:13:16 PM PDT by FreeReign
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