3 Jun 2023 11:15 am
If there was a request under the Freedom of Information Act for documents that Trump now claims he declassified, government officials would have no way of knowing whether it had been declassified. This is why this argument is a bit absurd. Without having the declassification recorded or put in writing, documents would continue to be treated as classified. Even if Mr. Trump had in fact declassified the records, he was still bound by federal law, including the Presidential Records Act, that required him to return all government documents, classified or unclassified, when he left office. Note that none of his lawyers claimed he declassified anything in court, and the reason is that the lawyer have no confirmation that he did it (given that Trump, having not followed protocols, has no way to prove it) and lawyers are not going to risk lying in a court of law. Trump Claims He Declassified Documents, but His Lawyers Don’t - The New York Times (nytimes.com)ConsRule » 03 Jun 2023, 7:16 am » wrote: ↑ 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.
That doesn't mean the President shouldn't follow protocol...it means he isn't required to follow protocol.