No it is not a legitimate argument.
See this is what people that don't understand what "classified" shows. Documents are not "declassified" it is the information in the document that is declassified. The document is a piece of paper, it is the information that is important.
For example let’s 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 by looking at the document.
WW