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This is not a true statement. The AEC has its own Restricted Data classification which is not under the purview of the president to declassify. There are other

This is not a true statement. The AEC has its own Restricted Data classification which is not under the purview of the president to declassify. There are other cases of classification but this is one that is not easily debatable.

User23 4y ago
> The AEC has its own Restricted Data classification which is not under the purview of the president to declassify. They can certainly say that, but since the executive power is constitutionally vested in the president in Article II, it can't be true barring a constitutional amendment. I believe there are court cases already establishing that Congress does not have the authority to limit the President's power to classify and declassify[1]. In this particular case a constitutional argument isn't even necessary since Trump's conduct appears to be protected by the Presidential Records Act. Of course this is Trump we're talking about, so half the country will happily shred the constitution to "get" him, including many federal employees. [1] https://supreme.justia.com/cases/federal/us/484/518/ https://supreme.justia.com/cases/federal/us/484/518/
- r2_pilot 4y ago
  > They can certainly say that, but since the executive power is constitutionally vested in the president in Article II, it can't be true barring a constitutional amendment. Re: that case; yes for executive classification [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.”]. However, Restricted Data is under the SOLE authority of the Department of Energy[1] to declassify, even if the DoE is under the executive branch. The law is specifically written, in fact, so that the president is not explicitly given the authority to declassify materials, yet does play a role in declassification once the DoE initiates the process, which implies that Congress did not wish to grant the presidency that power. But I'm not a lawyer, and my opinion means little. [1]: https://www.law.cornell.edu/uscode/text/42/2162 https://www.law.cornell.edu/uscode/text/42/2162

User23 4y ago

> The AEC has its own Restricted Data classification which is not under the purview of the president to declassify. They can certainly say that, but since the executive power is constitutionally vested in the president in Article II, it can't be true barring a constitutional amendment. I believe there are court cases already establishing that Congress does not have the authority to limit the President's power to classify and declassify[1]. In this particular case a constitutional argument isn't even necessary since Trump's conduct appears to be protected by the Presidential Records Act. Of course this is Trump we're talking about, so half the country will happily shred the constitution to "get" him, including many federal employees. [1] https://supreme.justia.com/cases/federal/us/484/518/ https://supreme.justia.com/cases/federal/us/484/518/

r2_pilot 4y ago
> They can certainly say that, but since the executive power is constitutionally vested in the president in Article II, it can't be true barring a constitutional amendment. Re: that case; yes for executive classification [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.”]. However, Restricted Data is under the SOLE authority of the Department of Energy[1] to declassify, even if the DoE is under the executive branch. The law is specifically written, in fact, so that the president is not explicitly given the authority to declassify materials, yet does play a role in declassification once the DoE initiates the process, which implies that Congress did not wish to grant the presidency that power. But I'm not a lawyer, and my opinion means little. [1]: https://www.law.cornell.edu/uscode/text/42/2162 https://www.law.cornell.edu/uscode/text/42/2162