usmbguest5318
Gold Member
First of all:I have looked for Congressional rules/procedural documentation that indicates the declassification process for Congressional documents requires a vote of any sort. I have not found anything indicating that is the case. Perhaps by working together you will find it, and if you do, please share it with me. AFAIK, the only thing I'm aware of Congress voting on is legislation. [1] Everything else Congress does happens via a Congressional administrative action, and such actions need no vote.
Oh, come on, Congress-critters vote on a lot more than legislation, most of the time they vote on procedural matters.
But in the case of their own committee reports and memos like this one, I recall reading in numerous places that the committees have ultimate authority on what classification their own memos and reports have. I dont know how much influence the larger party leadership has on these votes, but I think that they are pretty much strictly committee votes on such things as it is their baby so to speak.
this is the most recent doc I can find on the topic and it is from 2007, so things may have changed some.
But essentially documents from the executive branch, the executive branch has control of and only the appropriate offices, to include the President, may declassify information it shares with Congress.
Any Congressional reports/memos that contain classified information are also classified, but may be released in redacted form with the executive branch sensitive information removed.
https://www.archives.gov/files/declassification/pidb/meetings/06-22-07-carpenter.pdf
4: The Congressional Intelligence Committees The intelligence committees of the House and Senate have developed additional controls and procedures for handling classified records.
The rules of procedure of the Senate Select Committee on Intelligence prescribe that the Staff Director of that committee maintain a registry of all classified documents in the possession of that office, that access to classified records to staff members be limited to those with the proper clearance and need-to-know, and that when making classified records available to a senator outside of the committee, that senator must be advised of the responsibility to protect those records, and that all such transmittals must be recorded by the Clerk of the Committee.25
The rules of procedure of the House Permanent Select Committee on Intelligence also specify that the Director of Security and Registry of that Committee keep a numbered registry of, “…all classified documents provided to the Committee by the Executive branch that remain in the possession of the Committee,” and establish control over the dissemination of classified information outside the Committee.26
As part of the oversight role of the committees, the rules of both the House and Senate committees specify that each committee, “…may disclose publicly any information in its possession after a determination by the Select Committee that the public interest would be served by such disclosure.”27
In cases where the President objects to the disclosure of classified information, the rules of the committees specify procedures for referring the issue to a closed session of the full chamber followed by a yes or no vote with no open debate.....
Conclusion: The enabling legislation of the Public Interest Declassification Board states that one of the purposes of the board is, “To promote the fullest possible public access to a thorough, accurate, and reliable documentary record of significant United States national security decisions and significant United States national security activities in order to: (A), support the oversight and legislative functions of Congress; (B), support the policymaking role of the Executive branch; (C), respond to the interest of the public in national security matters; and (D), promote reliable historical analysis and new avenues of historical study in national security matters.”31...
While the Office of Senate Security currently has strong procedures in place for the control of classified records and the rules of the House and Senate intelligence committees call for registers of classified documents to be kept, for decades the classified records of Congress were not systematically controlled, and the House security office, while promising, is not yet fully operational.
Furthermore, according to the staff of the Center for Legislative Archives, the congressional committees who handle the most classified 11 national security information do not routinely transfer their most sensitive records to the physical custody of the Center for preservation, description, and eventual access.32
The Public Interest Declassification Board is an appropriate advocate for an effective declassification program for the classified records of Congress to ensure the proper safeguarding of classified national security information and to promote the fullest documentary record of American history.
The reference to the full chamber I think refers to the House or Senate, but only if the Committees decision to release the information is challenged by the President. How the committee reaches said decision is something unique to each committee but I think most of them use a majority yes/no vote.
As per the House Permanent Select Committee on Intelligence rules of procedure. At the bottom of page 13, there is a Section, (f), headed "Requests by Members of Other Committees." That section does indeed stipulate that:
Insofar as it has already happened, Rule 4 in section (f), "Chair and Ranking Member Consideration of Requests for Previously Granted Materials," takes effect. Rule 4 in Section (f) states that:
AFAIK, aside from an impeachment vote, there is no matter upon which House members vote that requires more than a simple majority for the matter/action in question to pass. It's my understanding that the House Permanent Select Committee on Intelligence (House Intel Cmte) of the 115th Congress has a four-member Republican majority. Because there is a four-person majority on that committee, if the Chair and Ranking Member differ on the matter of releasing to the public, fewer than all of the Republicans on the committee. That being so, brings me back to one of the requests I earlier made:
That brings us back to my original point: Republicans don't need to call for a damn thing as goes the release of the memo. They need only talk amongst themselves, decide to release it, be it by voting or by administrative decision, and then do so.
"The Committee shall consider each such request by non-Committee members at the earliest practicable opportunity. The Committee shall determine, by record vote, what action it deems appropriate in light of all of the circumstances of each request."
The thing is, that has already happened, for the Nunes memo has been made available to the whole of the House. Insofar as it has already happened, Rule 4 in section (f), "Chair and Ranking Member Consideration of Requests for Previously Granted Materials," takes effect. Rule 4 in Section (f) states that:
"If the Committee has granted a non-Committee member access to classified materials, the Chair and Ranking Member may jointly determine, in writing, what action they deem appropriate for subsequent requests for the same materials in the same Congress....If the Chair and Ranking Member are unable to reach a joint determination or if they refer a request to the Committee...Committee shall consider the request at the earliest practicable opportunity [by voting to determine what be the disposition of the request.]
I do not know whether has been made a written request triggering Rule 4 in Section (f).AFAIK, aside from an impeachment vote, there is no matter upon which House members vote that requires more than a simple majority for the matter/action in question to pass. It's my understanding that the House Permanent Select Committee on Intelligence (House Intel Cmte) of the 115th Congress has a four-member Republican majority. Because there is a four-person majority on that committee, if the Chair and Ranking Member differ on the matter of releasing to the public, fewer than all of the Republicans on the committee. That being so, brings me back to one of the requests I earlier made:
please share with us the House rule stipulating that House Intel Cmte. declassification votes require more than a simple majority to pass any or all motions to declassify a document.
Second:
All well and good, but:essentially documents from the executive branch, the executive branch has control of and only the appropriate offices, to include the President, may declassify information it shares with Congress.
- the memo in question was written by Devin Nunes and sent to the POTUS,
- vote or no vote required, Republicans have a majority on the House Intel Cmte., and
- the POTUS can unilaterally declassify and release his copy of the memo and he, like Nunes, is a Republican.
In cases where the President objects to the disclosure of classified information, the rules of the committees specify procedures for referring the issue to a closed session of the full chamber followed by a yes or no vote with no open debate.....
Third:
"Calling for" an action is what people/groups lacking formal power/authority to effect the called-for given action do. People/groups having the power/authority to effect the action simply perform the action if they are of a mind to do so. You will recall that my original remarks on this thread's topic had two key dimensions:
Note:I just heard that Republicans are calling for the release of that memo that Devin Nunes wrote. Republicans control every branch and department of government. Why are calling for it it? They control everything; all they have to do is release it. They don't have to call for a damn thing.
- The GOP have all the power and authority they need to release Nunes' memo.
- Because they have the power/authority to do so, they have no need to call for releasing his memo.
- For example, I am semi-retired yet I remain as the formal/official head of my practice unit; thus if I want to effect a policy or procedure that would be applicable to my unit, I simply order it be done, and that's that.
As a practical matter, since I'm semi-retired, I solicit input from the person who'll replace me. I do so mainly because I'll be fully retired in less than two years, and there's little value, at this point in my tenure, derived by my implementing a policy (taking an action) that endures that long but that he doesn't feel is apt and would thus repeal. The cycle of enact and repeal for such a short period would do little but create some small measure of confusion, and, frankly, no measure of confusion created by senior principals, however small, bodes well for the coherent and efficient operation of my practice unit or the firm.
There is also the matter that confusion created by principals at my level in an organization is little other than a clear sign of such principals' ineptitude as managers. Moreover, there is the "knock-on" effect whereby all such signs rightly give perspicacious subordinates and observers cause to doubt the leadership and prudence of the manager from whom they come.
The reason I presented this example is to highlight not my singular authority or how singular authority may be executed, but rather to illustrate the onus a person (group) having authority to execute a given action has to refrain from taking it when there are real or probable deleterious consequences of doing so and those impacts cannot be satisfactorily mitigated. Or, to put it another way, when the "business case" for taking the action is weak. - Rant:
I get chided here for writing longish posts. The fact of the matter is that when I write short well considered ones such as I did when presenting my initial observations about this matter of calling for the release of Nunes' memo, my remarks are met with all sorts of "stupid sh*t" objections rather than with members inclined to objecting bothering to confirm the veracity, probativity and plausibility of their basis(-es) for objecting. (And, no, my feelings aren't "hurt" by their doing so for if it happens enough, I'll ignore the member and having now awareness of their remarks, spend no time responding to them.)
If one makes a brief conclusive comment or summary level set of conclusive comments borne of due consideration, folks try to poke holes in it due to its brevity. If one makes a relatively comprehensive comment that includes one's brief conclusion(s) and the points one considered in arriving at it, people attack the length of the post, or me for having posted a longish set of remarks. That's no way to have a mature discussion.
And, no, I'm not of a mind to describe your comments to me in this discussion as "stupid sh*t." It's clear to me that you did read the document to which I linked and you did directly address the voting aspect of the matter by pointing out a scenario in which voting by the House Intel Cmte. might be required to release the memo.