The U.S. Second Circuit Court of Appeals
wrote in a 2020 decision about whether statements made by then-President Trump declassified the existence of a CIA program that “declassification, even by the president, must follow established procedures.”
If a document is declassified, that doesn’t automatically mean it can be shared widely, either. For example, nuclear information – which is generally classified – is also protected by the federal Atomic Energy Act of 1954, McClanahan explained.
Yes, the president can declassify documents, but there isn’t a set protocol they have to follow
The Atomic Energy Acts of 1946 and 1954 produced an even stranger category of classified knowledge. Anything related to the production or use of nuclear weapons and nuclear power is inherently classified, and Trump could utter whatever words he pleased yet still be in possession of classified material. Where are our nuclear warheads? What tricks have we developed to make sure they work? This information is “born secret” no matter who produces it. The restrictions on documents of this type are incredibly tight...
Not Even the President Can Declassify Nuclear Secrets
The Washington Post reported the FBI searched Mar-a-Lago for “nuclear documents,” among other classified information.
“Because [nuclear information] has this dual protection, even if you declassify a nuclear document, you cannot disseminate it because it’s still what’s called Restricted Data,” McClanahan said.
“So to the extent that he [Trump] had any nuclear information in there, declassification would not help him in the slightest, because he would still be disseminating restricted data or moving Restricted Data,” he added.
There are other federal laws in place that bar a president from taking government records, whether they are classified or declassified. Still, breaking those laws – or most other laws – doesn’t automatically disqualify someone from becoming president, because of the simple presidential qualifications that are outlined in the U.S. Constitution.