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Old 08-14-2022, 10:19 PM
 
3,098 posts, read 3,785,557 times
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Quote:
Originally Posted by SanJuanStar View Post
One more time, The president, as commander in chief, is ultimately responsible for classification and declassification. When people lower in the chain of command handle classification and declassification duties which is usually how it’s done it’s because they have been delegated to do so by the president directly, or by an appointee chosen by the president.


The President has the final say in the executive branch what stays classify and what not. No agency or employee in the Executive Branch can override or deny the President. Congress or the Judicial branch can't do anything about it because it's a power given to the President by constitution.
The president cannot declassify the identity of clandestine agents (spies) and information related to nuclear weapons. He is not god and cannot jeopardize National security because he feels like it. This is by statute not oversight

 
Old 08-14-2022, 10:19 PM
 
13,452 posts, read 4,292,364 times
Reputation: 5390
Quote:
Originally Posted by ssmaster View Post
There has to be a formal process to declassify materials
You believe there does not have to be any documentation or memorialization that materials related to national security have been declassified ? How do the heads of the NSA, DOD and State department inform agents, military officers and ambassadors what is and isn’t declassified? They read trumps mind? They guess?

Trump should show the documentation he declassified these documents.



There is NO law that forces the President how to declassify or a time limit. It's all the President. He can order a document declassify and all he has to do his use the chain of command downward to the agencies. He is not going to call each agency by phone or write them each a letter.


There is No law on processes.
 
Old 08-14-2022, 10:23 PM
 
3,098 posts, read 3,785,557 times
Reputation: 2580
Quote:
Originally Posted by SanJuanStar View Post
There is NO law that forces the President how to declassify or a time limit. It's all the President. He can order a document declassify and all he has to do his use the chain of command downward to the agencies. He is not going to call each agency by phone or write them each a letter.


There is No law on processes.
There would be a record if he declassified documents. There would be a paper trail of “use the chain of command downward to the agencies.”
 
Old 08-14-2022, 10:23 PM
 
3,048 posts, read 1,152,240 times
Reputation: 3718
Quote:
Originally Posted by SanJuanStar View Post
Not probably but can. A President can declassify any document in the executive branch by executive order. He doesn't need permission from the lower agencies in his branch.

That's like a 5 star Admiral in the Navy asking permission from the lower ranks in decisions in operations.
A president's powers to declassify are very broad, as you note, but there are limitations, including any and all documents referring to our nuclear program and those that identity spies. Furthermore, a president's ability to declassify documents ends upon completion of the next president taking his oath of office, who can then reclassify those documents at will. So even if Trump's "standing order" to declassify the documents he took with him to Mar-a-Lago was valid, it excluded the types of documents specified above, and if Biden was quick, he could have had any and all classified documents reclassified before the former president set foot in Florida after leaving Washington following his appearance at Biden's inauguration.
 
Old 08-14-2022, 10:24 PM
 
Location: Retired in VT; previously MD & NJ
14,267 posts, read 6,956,122 times
Reputation: 17878
Quote:
Originally Posted by SanJuanStar View Post
One more time, The president, as commander in chief, is ultimately responsible for classification and declassification. When people lower in the chain of command handle classification and declassification duties which is usually how it’s done it’s because they have been delegated to do so by the president directly, or by an appointee chosen by the president.


The President has the final say in the executive branch what stays classify and what not. No agency or employee in the Executive Branch can override or deny the President. Congress or the Judicial branch can't do anything about it because it's a power given to the President by constitution.
So you are saying the President is above the law. In this case, the Atomic Energy Act.

Where does the constitution give the President the right to classify or declassify documents.
 
Old 08-14-2022, 10:24 PM
 
13,452 posts, read 4,292,364 times
Reputation: 5390
Quote:
Originally Posted by ssmaster View Post
The president cannot declassify the identity of clandestine agents (spies) and information related to nuclear weapons. He is not god and cannot jeopardize National security because he feels like it. This is by statute not oversight
NO President puts any agencies in jeopardy but to say the NSA or CIA are over the President in the Executive Branch is really silly. Usually when a President declassify a document he already got advised from his direct staff and from the top Joint Chief of Staff which all are under him.
 
Old 08-14-2022, 10:28 PM
 
13,388 posts, read 6,440,773 times
Reputation: 10022
Quote:
Originally Posted by ssmaster View Post
There has to be a formal process to declassify materials
You believe there does not have to be any documentation or memorialization that materials related to national security have been declassified ? How do the heads of the NSA, DOD and State department inform agents, military officers and ambassadors what is and isn’t declassified? They read trumps mind? They guess?

Trump should show the documentation he declassified these documents.
Exactly. The idea that there is not a process surrounding classification is absurd.

Whatever the law is, do we really want a President who leaves his subordinates in the dark about whether or not he has declassified something. Worse, what if he upgrades the classification presto/chango and doesn't bother to start the process to inform subordinates?
 
Old 08-14-2022, 10:28 PM
 
13,452 posts, read 4,292,364 times
Reputation: 5390
Quote:
Originally Posted by ansible90 View Post
So you are saying the President is above the law. In this case, the Atomic Energy Act.

Where does the constitution give the President the right to classify or declassify documents.

LOL. I'm not giving Civic Classes today. If you think the ultimate power in the Executive Branch is the NSA then keep believing that.
 
Old 08-14-2022, 10:29 PM
 
3,048 posts, read 1,152,240 times
Reputation: 3718
Quote:
Originally Posted by SanJuanStar View Post
NO President puts any agencies in jeopardy but to say the NSA or CIA are over the President in the Executive Branch is really silly. Usually when a President declassify a document he already got advised from his direct staff and from the top Joint Chief of Staff which all are under him.
I can see that this is hard for you to believe, SJS, but President Trump really did not have unilateral power to declassify. His powers were incredibly broad, but there were some notable exceptions, which previous posts have outlined. Please read up because you are wrong. And keep in mind that the next president also has the power to reclassify at will.
 
Old 08-14-2022, 10:32 PM
 
13,452 posts, read 4,292,364 times
Reputation: 5390
Quote:
Originally Posted by Blondy View Post
Exactly. The idea that there is not a process surrounding classification is absurd.

Whatever the law is, do we really want a President who leaves his subordinates in the dark about whether or not he has declassified something. Worse, what if he upgrades the classification presto/chango and doesn't bother to start the process to inform subordinates?
I didn't say there wasn't a process. Any action by the government is a process. I said a process isn't law because each President can do a different process to his orders.

Let's say a President wants to declassify a document but it never gets to all the agencies. The Agencies can't override the President or indict him. It's not a crime.
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