Maralago warrant and aftereffects --
- Thread starter espola
- Start date
Hüsker Dü
DA
Melania, obviously.
Hüsker Dü
DA
So...Trump declassified the documents he didn't take but was totally authorized to take which he took to write his memoirs except the FBI planted the documents in the basement of his golf course which was a completely secure place to store classified documents anyway even if Trump totally didn't have any documents and which were unclassified anyway because he can do that to the documents which he took to protect them for history and now he wants a court to force the FBI to give him the documents back that he totally didn't take?-Jim Wright
Thank you for being the voice of reason, neutral observer in this thread
if Maggie is on the byline it could be Jared and Ivanka
Jim Wright has had chronic TDS for 6 years. He makes Tucker Carlson look sane.
Hüsker Dü
DA
Not me
Hüsker Dü
DA
Yes, yes, TDS, that’s the ticket . . . the true believers see the truth . . . they do their own research . . . where one goes, oh you know the rest.
That can't be right -- there is no golf course at Maralago.
Executive privilege is not inherent in any documents. It must be asserted. And it can only be asserted by a current President. This has been obscured to a degree because traditionally current presidents will assert it on behalf of former presidents as a courtesy and because in most cases they argue that the assertion is in the interests of the office of the presidency generally.
Can the president declassify documents?
THE SOURCES
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.
www.verifythis.com
THE SOURCES
- 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
When was the last time you did research and cited your sources?
Who do you trust more, Peter or Kash?
CNN, MSNBC raise eyebrows using disgraced FBI agent Peter Strzok as expert on Mar-a-Lago raid
Strzok was fired in 2018 for sending anti-Trump texts while overseeing critical investigations
"Absolutely the American public should trust what the FBI is doing," Strzok said on MSNBC's "Morning Joe" this month. "It’s not that the FBI is targeting any one side or the other. What you see is the FBI going out on a day-in, day-out basis objectively investigating allegations of law." Peter
7 Easy Steps: How to get hired by CNN from Kash
1) Join the FBI & hate america,
2) Criminalize law enforcement,
3) conjure up fake dossier,
4) lie to federal court,
5) have an affair while on the job with fbi lawyer and make FISA pillow talk,
6) get caught, get shamed, get fired,
7) promise to LIE LIE LIE, n watch money flow in
CNN, MSNBC raise eyebrows using disgraced FBI agent Peter Strzok as expert on Mar-a-Lago raid
Strzok was fired in 2018 for sending anti-Trump texts while overseeing critical investigations
"Absolutely the American public should trust what the FBI is doing," Strzok said on MSNBC's "Morning Joe" this month. "It’s not that the FBI is targeting any one side or the other. What you see is the FBI going out on a day-in, day-out basis objectively investigating allegations of law." Peter
7 Easy Steps: How to get hired by CNN from Kash
1) Join the FBI & hate america,
2) Criminalize law enforcement,
3) conjure up fake dossier,
4) lie to federal court,
5) have an affair while on the job with fbi lawyer and make FISA pillow talk,
6) get caught, get shamed, get fired,
7) promise to LIE LIE LIE, n watch money flow in
Pollo Elastico
BRONZE
"Most judges would be a tad annoyed by the contradiction as the government continues to frame the public debate with its own selective leaks while using secrecy to bar other disclosures."
"That includes sections of the affidavit that detail the communications with the Trump team, information that is already known to the target. Someone is clearly lying. The Trump Team said that it was cooperating and would have given access to the government if it raised further objections. The Justice Department has clearly indicated that time was of the essence to justify this unprecedented raid on the home of a former president. Yet, Attorney General Merrick Garland reportedly waited for weeks to sign off on the application for a warrant and the FBI then waited a weekend to execute that warrant. It is difficult to understand why such communications could not be released in a redacted affidavit while protecting more sensitive sections. The latest leak to to the New York Times offers details on what was gathered from Mar-a-Lago...."
Writes Jonathan Turley.
Here's the NYT article he's talking about: "Trump Had More Than 300 Classified Documents at Mar-a-Lago/The National Archives found more than 150 sensitive documents when it got a first batch of material from the former president in January, helping to explain the Justice Department’s urgent response."
Turley: "It is litigation by leak where the government prevents others (including the target) from seeing key representations made to the court while releasing selective facts to its own advantage. It shows utter contempt for the court and the public."
"That includes sections of the affidavit that detail the communications with the Trump team, information that is already known to the target. Someone is clearly lying. The Trump Team said that it was cooperating and would have given access to the government if it raised further objections. The Justice Department has clearly indicated that time was of the essence to justify this unprecedented raid on the home of a former president. Yet, Attorney General Merrick Garland reportedly waited for weeks to sign off on the application for a warrant and the FBI then waited a weekend to execute that warrant. It is difficult to understand why such communications could not be released in a redacted affidavit while protecting more sensitive sections. The latest leak to to the New York Times offers details on what was gathered from Mar-a-Lago...."
Writes Jonathan Turley.
Here's the NYT article he's talking about: "Trump Had More Than 300 Classified Documents at Mar-a-Lago/The National Archives found more than 150 sensitive documents when it got a first batch of material from the former president in January, helping to explain the Justice Department’s urgent response."
Turley: "It is litigation by leak where the government prevents others (including the target) from seeing key representations made to the court while releasing selective facts to its own advantage. It shows utter contempt for the court and the public."
Pollo Elastico
BRONZE
Per usual you avoid the point or more likely don't understand the point.
But watching you over the years with covid and your automatic nod to what a gov official says, it is not surprising.
Yup, 100%. People like me would have been forced jab or put out of the camp and die. I do believe now more than ever that people like dad are afraid and scared of the big bad wolf.
Pollo Elastico
BRONZE
FBI Unit Leading Mar-a-Lago Probe Earlier Ran Discredited Trump-Russia Investigation
By Paul Sperry, RealClearInvestigationsAugust 18, 2022 The FBI division overseeing the investigation of former President Trump's handling of classified material at his Mar-a-Lago residence is als
Pollo Elastico
BRONZE
Being a math teacher who has complained in the past about relaxed standards, I thought you might find what the state of NY is doing interesting.
Pollo Elastico
BRONZE
Opinion | Washington’s Mar-a-Lago Prosecution by Leaks
The Justice Department wants the search affidavit secret while details spill to the press.
www.wsj.com