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Classification authority derives from the executive but the president himself does not exercise it directly. But assuming for a moment he could -- did Trump sc

Classification authority derives from the executive but the president himself does not exercise it directly. But assuming for a moment he could -- did Trump scribble out the classification on these documents, to at least make it seem like he declassified them? Also, when did he transport them to his compound? Was he still president at the time? Former presidents do not have the legal right to declassify anything at all.

JumpCrisscross 2y ago
> did Trump scribble out the classification on these documents, to at least make it seem like he declassified them? No. But it’s an open question if him thinking it changes their classification. ¯\_(ツ)_/¯ > when did he transport them to his compound? Was he still president at the time? He removed them from the White House before Biden was sworn in.
- rootusrootus 2y ago
  > No. But it’s an open question if him thinking it changes their classification. ¯\_(ツ)_/¯ That seems like a huge stretch. Maybe, maybe, if he had contemporaneous notes that described what he was thinking at the time. Otherwise it is a retroactive excuse for breaking the law, and I cannot imagine that flying in any other legal situation. I see that line of thought discussed, and then basically discarded by reputable sources [0]. As a layman, I think their conclusion sounds way less convoluted than the argument in Trump's favor. The president can declassify most (not all) documents, but there is a procedure for doing so. And while it may not be a legal requirement yet, there should also be an explanation for why the document was worthy of being declassified. Another case where the law did not anticipate an executive hostile to the law and the nation. That can be fixed in time. The authority for classification may rest with the executive, but clearly it should not be solely vested in a single individual without limits. Not when national security is concerned. [0] https://www.americanbar.org/news/abanews/aba-news-archives/2022/10/fact-check-presidential-authority/ https://www.americanbar.org/news/abanews/aba-news-archives/2...
  - ceejayoz 2y ago
    > Maybe, maybe, if he had contemporaneous notes that described what he was thinking at the time. We do! There's an audio recording! https://www.cnn.com/2023/06/26/politics/trump-classified-documents-audio/index.html https://www.cnn.com/2023/06/26/politics/trump-classified-doc... > “See as president I could have declassified it,” Trump says. “Now I can’t, you know, but this is still a secret.” > “Now we have a problem,” his staffer responds.

JumpCrisscross 2y ago

> did Trump scribble out the classification on these documents, to at least make it seem like he declassified them? No. But it’s an open question if him thinking it changes their classification. ¯\_(ツ)_/¯ > when did he transport them to his compound? Was he still president at the time? He removed them from the White House before Biden was sworn in.

rootusrootus 2y ago
> No. But it’s an open question if him thinking it changes their classification. ¯\_(ツ)_/¯ That seems like a huge stretch. Maybe, maybe, if he had contemporaneous notes that described what he was thinking at the time. Otherwise it is a retroactive excuse for breaking the law, and I cannot imagine that flying in any other legal situation. I see that line of thought discussed, and then basically discarded by reputable sources [0]. As a layman, I think their conclusion sounds way less convoluted than the argument in Trump's favor. The president can declassify most (not all) documents, but there is a procedure for doing so. And while it may not be a legal requirement yet, there should also be an explanation for why the document was worthy of being declassified. Another case where the law did not anticipate an executive hostile to the law and the nation. That can be fixed in time. The authority for classification may rest with the executive, but clearly it should not be solely vested in a single individual without limits. Not when national security is concerned. [0] https://www.americanbar.org/news/abanews/aba-news-archives/2022/10/fact-check-presidential-authority/ https://www.americanbar.org/news/abanews/aba-news-archives/2...
- ceejayoz 2y ago
  > Maybe, maybe, if he had contemporaneous notes that described what he was thinking at the time. We do! There's an audio recording! https://www.cnn.com/2023/06/26/politics/trump-classified-documents-audio/index.html https://www.cnn.com/2023/06/26/politics/trump-classified-doc... > “See as president I could have declassified it,” Trump says. “Now I can’t, you know, but this is still a secret.” > “Now we have a problem,” his staffer responds.