Maralago warrant and aftereffects --
- Thread starter espola
- Start date
OK, you have convinced me. T is a crook as shown by that explanation in several points.Play it again...
Can the president declassify documents?
THE SOURCES
THE ANSWER
- U.S. Department of the Navy v. Egan
- Executive Order 13526
- Kel McClanahan, executive director of the National Security Counselors, a nonprofit public interest law firm
- Richard Immerman, Edward J. Buthusiem Family Distinguished Faculty Fellow in History at Temple University
- The New York Times, et al., v. Central Intelligence Agency
Yes, the president can declassify documents while in office, but there isn’t a set protocol they have to follow.
WHAT WE FOUND
The U.S. classification system has three levels: top secret, secret and confidential.
“That is based on the level of damage that its release would cause to the national security of the United States,” Kel McClanahan, executive director of the National Security Counselors, said. “When you classify a document, that means that only people with a security clearance equal to the classification or higher can read it.”
A sitting U.S. president has wide-ranging authority to classify and declassify certain documents, but former presidents do not have authority over classification and declassification.
Current presidents can classify documents as long as they can “make a plausible argument that it is related to national security.” On the other hand, the president “doesn’t have to give any reason for declassifying” information, according to McClanahan.
“He can just say, ‘I decide that this should be declassified,’ and it’s declassified,” McClanahan said.
A 2009 executive order directs the head of a government agency that originally deemed information classified to oversee its declassification, and sets some rules for that process. But those protocols outlined in the executive order don’t apply to the president, McClanahan said.
However, presidents generally follow an informal protocol when declassifying documents, Richard Immerman, a historian and professor at Temple University, told VERIFY.
First, the president will consult all departments and agencies that have an interest in a classified document. Those departments or agencies then provide their assessment as to whether the document should stay classified for national security reasons. If there is a dispute among the agencies, they debate, but the president ultimately makes the decision on declassification, Immerman explained.
When documents are declassified, they are reviewed line-by-line. In many cases, certain words, sentences and paragraphs remain redacted, even if the document is declassified, Immerman said.
The Supreme Court determined in its 1988 decision on Department of the Navy v. Egan that the president’s power over classified information comes from executive authority granted by Article II, Section 2 of the U.S. Constitution, which says, in part, that the “President shall be Commander in Chief of the Army and Navy of the United States.”
“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,” the Supreme Court decision reads.
Though there aren’t specific protocols that the president must follow to declassify a document, federal courts have ruled that they will “refuse to recognize what they consider to be an inference of declassification,” McClanahan said.
The U.S. Second Circuit Court of Appeals wrote in a 2020 decision about whether statements made by then-President Trump declassified the existence of a CIA program that “declassification, even by the president, must follow established procedures.”
If a document is declassified, that doesn’t automatically mean it can be shared widely, either. For example, nuclear information – which is generally classified – is also protected by the federal Atomic Energy Act of 1954, McClanahan explained.
The Washington Post reported the FBI searched Mar-a-Lago for “nuclear documents,” among other classified information.
“Because [nuclear information] has this dual protection, even if you declassify a nuclear document, you cannot disseminate it because it’s still what’s called Restricted Data,” McClanahan said.
“So to the extent that he [Trump] had any nuclear information in there, declassification would not help him in the slightest, because he would still be disseminating restricted data or moving Restricted Data,” he added.
There are other federal laws in place that bar a president from taking government records, whether they are classified or declassified. Still, breaking those laws – or most other laws – doesn’t automatically disqualify someone from becoming president, because of the simple presidential qualifications that are outlined in the U.S. Constitution.
Yes, the president can declassify documents, but there isn’t a set protocol they have to follow
Former President Trump claimed documents found at Mar-a-Lago were “all declassified.” We explain why sitting presidents can declassify documents and how it works.
www.verifythis.com
You really do hate t. A bowl of Crow will be waiting for you someday. You are 100% brainwashed from the Tel A Vision. I quit TV almost three years. I quit eating meat three years ago. No jabs for Crush. I guess that makes me a MAGA Terrorist.....lol!
"When are the great Agents, and others, in the FBI going to say “we aren’t going to take it anymore,” much as they did when James Comey read off a list of all of Crooked Hillary Clinton’s crimes, only to say that no reasonable prosecutor would prosecute. The wonderful people of the FBI went absolutely “nuts,” so Comey had to backtrack and do a FAKE INVESTIGATION in order to keep them at bay. The end result, we won in 2016 (and did MUCH better in 2020!). But now the “Left” has lost their minds!!!" t
Wow, just talked with my old Lib Pal and it's official: He does not want to be my friend anymore because of my belief system. He say's he just doesn't want to hear my side anymore ((he's sick of me being right all the time)) and I don't blame him. Freaking fence sitter and one of the reasons were in this mess. He and others sit and do nothing!!! We both decided to go our separate ways and I think it's for the best. So many of you are bought it's disgusting and makes me sick and I wonder why I came to Planet Lie in the first place. These same assholes wanted me dead before I was born. They tried to brainwash me but I couldn't be bought, bribed or blackmailed. It's truly sad to see so many sell out for $$$$. I knew this day would happen and I feel so alone and sad. It hurts like hell and I feel so lonely and cast aside. People like Watty now want t arrested and charged with a crime, no matter what and it just wrong. One man standing in the way of their way of life. No due process for him and if they can do it to a President, they can do it any of us. On the fence types and he just jumped off and is with those who want t arrested. He flipped because he's losing money......
You all got TDS...lol!
"The Fake News Media is devastated by how well TRUTH is doing so, quite on cue, they are working overtime to criticize and demean it. Actually, many of the big guns in Washington, D.C., are fighting to stop the TRUTH but, they won’t be successful. They are going after the outside financial company, and virtually anybody that walks and breaths, but that won’t do it. They said it is doing worse since the Raid, but actually it is doing MUCH better, up more than 550%. We all love TRUTH!!!" t
"The Fake News Media is devastated by how well TRUTH is doing so, quite on cue, they are working overtime to criticize and demean it. Actually, many of the big guns in Washington, D.C., are fighting to stop the TRUTH but, they won’t be successful. They are going after the outside financial company, and virtually anybody that walks and breaths, but that won’t do it. They said it is doing worse since the Raid, but actually it is doing MUCH better, up more than 550%. We all love TRUTH!!!" t
Which explanations would you be referring to Magoo?
Please enlighten all us with your convictions...
PS
Magoo, who do think will be indicted first Hunter or Donald?
Maybe announce both of them being indicted at the same time?
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You posted it without reading it?
No....
You claimed you were convinced due to several points, "T is a crook as shown by that explanation in several points."
There were many points made in the article, which ones do you consider are the "points" that convinced you of his guilt?
Not a trick question...
This part --
A 2009 executive order directs the head of a government agency that originally deemed information classified to oversee its declassification, and sets some rules for that process. But those protocols outlined in the executive order don’t apply to the president, McClanahan said.
However, presidents generally follow an informal protocol when declassifying documents, Richard Immerman, a historian and professor at Temple University, told VERIFY.
First, the president will consult all departments and agencies that have an interest in a classified document. Those departments or agencies then provide their assessment as to whether the document should stay classified for national security reasons. If there is a dispute among the agencies, they debate, but the president ultimately makes the decision on declassification, Immerman explained.
When documents are declassified, they are reviewed line-by-line. In many cases, certain words, sentences and paragraphs remain redacted, even if the document is declassified, Immerman said.
The Supreme Court determined in its 1988 decision on Department of the Navy v. Egan that the president’s power over classified information comes from executive authority granted by Article II, Section 2 of the U.S. Constitution, which says, in part, that the “President shall be Commander in Chief of the Army and Navy of the United States.”
“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,” the Supreme Court decision reads.
Though there aren’t specific protocols that the president must follow to declassify a document, federal courts have ruled that they will “refuse to recognize what they consider to be an inference of declassification,” McClanahan said.
The U.S. Second Circuit Court of Appeals wrote in a 2020 decision about whether statements made by then-President Trump declassified the existence of a CIA program that “declassification, even by the president, must follow established procedures.”
If a document is declassified, that doesn’t automatically mean it can be shared widely, either. For example, nuclear information – which is generally classified – is also protected by the federal Atomic Energy Act of 1954, McClanahan explained.
The Washington Post reported the FBI searched Mar-a-Lago for “nuclear documents,” among other classified information.
“Because [nuclear information] has this dual protection, even if you declassify a nuclear document, you cannot disseminate it because it’s still what’s called Restricted Data,” McClanahan said.
“So to the extent that he [Trump] had any nuclear information in there, declassification would not help him in the slightest, because he would still be disseminating restricted data or moving Restricted Data,” he added.
There are other federal laws in place that bar a president from taking government records, whether they are classified or declassified.
Another point has come up -- intelligence officials want to know in detail which documents might have been compromised in the Maralago trove so they can assess possible impacts to intelligence assets (spies, technology, military positioning, etc). It is unclear if such a list can be produced without compromising the DOJ case sure to come against t.
So you're relying on an "executive order" and an assumption that the records were "shared widely"& there was "nuclear information" in the files...
Okie dokie...we shall find out soon enough...
Now what about Hunter?
Why do you believe that executive order requires quotation marks?
It is a legal term, not a neologism. Perhaps you could look it up in a “law dictionary” and read the “definition”.
Lol. Once they both get indicted, each side can do a prisoner exchange and can call it a day so the rest of us can get back to life....lol
Hi "daddy", so happy your back and in a good mood for once...
"Executive orders" can be changed by the NEXT executive....how bout that huh?
Daddy is not only an expert in health & science, but also math professor and now a political science expert. Amazing how all my Liberal pals are the same type of expert. Multiple degrees, Masters, Phd and just one big fat know it all. They ruined soccer and they ruined our country. So sad indeed. I would save up on food. The "experts" have said anywhere from 3 weeks to two years.
Here you go "daddy", perhaps you should have looked it up? No?
Hopefully this will bring clarity until you post again...
From wikipoo:
"Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify or make exceptions from any executive order, whether the order was made by the current president or a predecessor."
Hopefully this will bring clarity until you post again...
From wikipoo:
"Presidential executive orders, once issued, remain in force until they are canceled, revoked, adjudicated unlawful, or expire on their terms. At any time, the president may revoke, modify or make exceptions from any executive order, whether the order was made by the current president or a predecessor."
Gee, I wonder what was in those EO's bro?
Judge announces 'preliminary intent to appoint a special master' to review Trump records seized by FBI
The ruling follows Trump's motion seeking an independent review of records seized by the FBI
"Pursuant to Rule 53(b) (1) of the Federal Rules of Civil Procedure and the Court’s inherent authority, and without prejudice to the parties’ objections, the Court hereby provides notice of its preliminary intent to appoint a special master in this case," Cannon wrote in a filing Saturday.
The ruling follows Trump's motion seeking an independent review of records seized by the FBI
"Pursuant to Rule 53(b) (1) of the Federal Rules of Civil Procedure and the Court’s inherent authority, and without prejudice to the parties’ objections, the Court hereby provides notice of its preliminary intent to appoint a special master in this case," Cannon wrote in a filing Saturday.
Click on the blue if you're so inclined crusher...
A 2009 executive order directs the head of a government agency that originally deemed information classified to oversee its declassification, and sets some rules for that process. But those protocols outlined in the executive order don’t apply to the president, McClanahan said.
However, presidents generally follow an informal protocol when declassifying documents, Richard Immerman, a historian and professor at Temple University, told VERIFY.