2 Jun 2023 4:20 pm
Ahh, but the problem is that a former president, who 'claims he declassified them', note that he is NO LONGER PRESIDENT as he makes that claim. Capiche? He will then have to prove that he declassified them (should that become an issue, and it won't so much, as is explained below). Without his following the protocols of memorialization, he won't have proof. So, your point is really of no consequence and is, indeed, problematic, when it comes to legal jeopardy.ConsRule » 02 Jun 2023, 7:36 am » wrote: ↑ The US Constitution, by making the President Commander in Chief, gives the President authority to declassify anything he damn well pleases (and to classify anything he wants classified). Others in the government have a process that must be followed. While most President follow that procedure as well, they ARE NOT REQUIRED to do so.
While you make an interesting point, that the 'President can declassify anything he damn well pleases', that's not quite accurate. He certainly cannot declassify, without consent from the issuing authority, 'restricted data' documents (nuclear secrets, see the AEA). Moreover, his classification authority is monitored by an Executive Order which now establishes protocols for declassification. However, we can argue this until the end of time, but it's a moot point. A violation of the Espionage act does not depend on the classification regime. It will depend much more so on DNI damage assessments. Trump Claims He Declassified All the Documents at Mar-a-Lago. Even if That’s True, it Probably Doesn’t Matter - The New York Times (nytimes.com)If you remember, early in his term Trump mentioned something that was classified to a foreign visitor in the Oval. There was a "big hubub" on CNNLOL and MSNBS until one of their experts pointed out Trump had the authority to declassify and when he shared the information it made it no longer classified.
Trump is in trouble for violating the Presidential Records Act (which was also violated by Obama, Carter, Clinton, Biden and Pence). Oddly enough, only one appears to be facing jail time. I wonder why? (not really).
AS for other presidents, another interesting point, but it appears that DOJ policy regarding high level execs who take NDI docs, it's more of an issue of aggravated circumstances, such as obstruction, deliberate taking, that sort of thing, which does exist with Trump, not so much the other presidents. The DOJ will give former and existing presidents the benefit of the doubt that they took the docs inadvertently, and all they need to do is return them. Which is what Biden and Pence did. However, Trump went on TV and admitted he deliberately took them and that he had the right to do it, then he obstructed the govs attempts to retrieve certain documents.