3 Jun 2023 7:16 am
An expert on CNNLOL just told Victor Blackwell said that the President has the authority to declassify anything at any time (and cited examples of Presidents doing just that) without following the protocols that others must follow. He also said he, and most others Constitutional experts, doubt any court would rule otherwise as it would be a restriction of the powers of the CIC. Like it or not, when it comes to the classification and declassification of documents, the rules that apply to everyone else in the government DO NOT APPLY to the Commander in Chief as he is the final authority on classification and security clearance matters.Prospero » 03 Jun 2023, 12:21 am » wrote: ↑ If he failed to memorialize the declassifications and follow EO dictated protocols as President, then,, as a private citizen, if challenged on this point, he will need to prove that he declassified the docs. Given that he didn't follow protocols, which would provide the proof needed, say, in a court of law, they are effectively still classified. The point is, he, as a private citizen, cannot claim they were declassified when he was president if he can't prove it (should he ever need to).
This is the whole point of following protocols,so that everyone in the intel community will know and the courts, as well, should it be a point of legal contention.
I contend otherwise, per 10 CFR § 1045.155 - How is matter marked as containing RD, FRD, or TFNI declassified? | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute (cornell.edu)
Summarized here: Government Classification and the Mar-a-Lago Documents | Brennan Center for Justice
See above
Also note that in the case of being prosecuted for violation of the Espionage act, such does not depend on any classification regime. DNI Damage assessments are more likely to be focused on.
That doesn't mean the President shouldn't follow protocol...it means he isn't required to follow protocol.