Fact. A president had the authority to declassify just about anything he wishes to declassify. A judge canāt change that.
Thereās no defined procedure in place which dictates how a president declassifies information. A judge canāt invent this process.
A president doesnāt need to make public declaration that he declassified information. A judge canāt say otherwise.
#1 Never said he didn't.
#2 An ex-President also can't claim he did when he didn't as a means of CYA.
#3 So he will make the claim he did, then the DOJ gets to impeach the claim. Then it will be up to the Judge and Jury on who they believe.
#4 You are fundamentally wrong if you think a President can secretly and mentally declassify information and not tell anyone.
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See this is what people that don't understand "classified" shows. Documents are not "declassified" it is the information in the document that is declassified.
For example letās say that there are 6 copies of a specific document containing specific classified information. One located in the White House, 5 located amongst various agencies which also need the document. In addition there are subordinate documents that contain (either in part of in whole some of the same classified information).
Under a normal process when the information contained in a highly classified documents is declassified (or downgraded) that impacts all copies of the document (its information, and subordinate documents containing the same information in whole or
portions of a subordinate document).
So If the FPOTUS "declassified" a document, he is really declassifying the information in that document. If the FPOTUS, while acting as POTUS, "declassified" the information without telling anyone (either directly or in writing) for that specific document, you end up with:
- One copy of the information located at the White House (or one of his Country Clubs) being "declassified", and
- Five copies of the information located at the responsible agencies still being classified as the responsible agencies will not know the information was declassified because the FPOTUS (while POTUS) just mentally declassified the information in his head.
The result is someone could be prosecuted for improper handling of classified material for actions related to the 5 responsible agency documents, but not for improper handling of the exact same document if the source of the document was the White House. But they contain the same information! By this we are talking about the information in the document and subordinate information which sourced the document which can have even wider reaching impacts.
The national security infrastructure cannot function in a reasonable way if the same information is both classified and declassified at the same time simply because the POTUS chooses not to tell anyone.
Kind of a Schrodinger's Classified document where the same information is both classified and declassified at the same time until someone asks the FPOTUS to find out if he mentally and secretly declassified it without telling anyone while still POTUS. Normal people wouldn't know just be looking at the document.
WW