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Old 08-15-2022, 09:33 AM
 
Location: Retired in VT; previously MD & NJ
14,267 posts, read 6,962,441 times
Reputation: 17878

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Quote:
Originally Posted by cuebald View Post
There is no doubt what a classified document would have looked like. Trump is really more of a Sharpie guy. He'd just strike through the stamp and consider the job finished, if he even did that.

Here's a good article from Insider on the classification markings:

https://www.yahoo.com/news/classifie...025426573.html
Oh, for sure he would have gone the sharpie route. . Even that would have been at least some indication that the classification had been changed.

But just because he thought it in his head? No way.

 
Old 08-15-2022, 09:34 AM
 
Location: Honolulu/DMV Area/NYC
30,642 posts, read 18,249,084 times
Reputation: 34520
Quote:
Originally Posted by ansible90 View Post
Really? His word is enough to prove a document is declassified? That is such garbage thinking. I am surprised at you.

If anyone picks up a document with one of the classified labels on it, that doc is classified. Because that person cannot know what is in Trump's head. And that is also what the law says about docs with classified labels on them.
Do tell us what the legal basis for your completely ridiculous thought process here is Saying something is "garbage" or "foolish" but having nothing to back up your assertions is nothing more than hot air without any foundation. And you want people to take your arguments seriously?

Let's go through this again.

It is already established by the Supreme Court that the president's power over classification are inherent in his role as Commander in Chief.

Quote:
The President, after all, is the "Commander in Chief of the Army and Navy of the United States." U.S.Const., Art. II, § 2. His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant.
https://supreme.justia.com/cases/federal/us/484/518/

Fundamentally, take a step back and think about things for a second. Who in the hell would the president have to "follow through" with? The very basis for classifying and declassifying documents stems from executive orders, which are issued by the president and, unlike legislation, can be revoked, waived, etc., at will by the president; they are presidential edicts derived from the president's constitutional authority. If the Supreme Court has ruled that the power over classification and declassification are inherent as part of the president's constitutional authorities as Commander In Chief, it is uncommonly silly to argue that the president limits his own constitutional authority by an executive order issued by himself. Not even Congress can limit a president's constitutional authority via legislation, and those folks from the article want us to believe that the president is required to "follow through" (with himself apparently) on a declassification process issued by himself? The only way to place limits or to bind the president when it comes to inherent constitutional authority is via constitutional amendment.

So, outside of any formal document binding the president on classification and declassification, yes we have to take the president's "word" for it. Still, you're not only taking his word for it. The fact that he maintained the documents at Mar A Lago after leaving office only supports his position and goes to intent to declassify. Otherwise, they would have been returned to the government prior to the president leaving office. Whether you believe Trump when he says that the documents were declassified is irrelevant as it falls on the government to prove otherwise (the government has to prove violations of law, not the other way around), which it can't. Hence, my position.

That a document says classified has zero basis on whether it actually is classified, so I don't know why this is a point that you and others bring up.
 
Old 08-15-2022, 09:35 AM
 
12,906 posts, read 15,666,651 times
Reputation: 9394
Quote:
Originally Posted by ansible90 View Post

But just because he thought it in his head? No way.
Well, when you are divine king, it is just so.
 
Old 08-15-2022, 09:35 AM
 
5,058 posts, read 3,959,934 times
Reputation: 3669
Quote:
Originally Posted by cuebald View Post
There is no doubt what a classified document would have looked like. Trump is really more of a Sharpie guy. He'd just strike through the stamp and consider the job finished, if he even did that.

Here's a good article from Insider on the classification markings:

https://www.yahoo.com/news/classifie...025426573.html
That is literally all the president has to do. If that.

The Dems really don’t like the process as regards to Trump.
 
Old 08-15-2022, 09:36 AM
 
5,058 posts, read 3,959,934 times
Reputation: 3669
Quote:
Originally Posted by ChristineVA View Post
Well, when you are divine king, it is just so.
Or if you are the ultimate de- classification authority for the executive branch.
 
Old 08-15-2022, 09:38 AM
 
5,058 posts, read 3,959,934 times
Reputation: 3669
Quote:
Originally Posted by prospectheightsresident View Post
Do tell us what the legal basis for your completely ridiculous thought process here is Saying something is "garbage" or "foolish" but having nothing to back up your assertions is nothing more than hot air without any foundation. And you want people to take your arguments seriously?

Let's go through this again.

It is already established by the Supreme Court that the president's power over classification are inherent in his role as Commander in Chief.



https://supreme.justia.com/cases/federal/us/484/518/

Fundamentally, take a step back and think about things for a second. Who in the hell would the president have to "follow through" with? The very basis for classifying and declassifying documents stems from executive orders, which are issued by the president and, unlike legislation, can be revoked, waived, etc., at will by the president; they are presidential edicts derived from the president's constitutional authority. If the Supreme Court has ruled that the power over classification and declassification are inherent as part of the president's constitutional authorities as Commander In Chief, it is uncommonly silly to argue that the president limits his own constitutional authority by an executive order issued by himself. Not even Congress can limit a president's constitutional authority via legislation, and those folks from the article want us to believe that the president is required to "follow through" (with himself apparently) The only way to place limits or to bind the president when it comes to inherent constitutional authority is via constitutional amendment.

So, outside of any formal document binding the president on classification and declassification, yes we have to take the president's "word" for it. Still, you're not only taking his word for it. The fact that he maintained the documents at Mar A Lago after leaving office only supports his position and goes to intent to declassify. Otherwise, they would have been returned to the government prior to the president leaving office. It falls on the government to prove otherwise (the government has to prove violations of law, not the other way around), which it can't. Hence, my position.
This makes far too much sense…although the Left is looking for faux outrage instead.
 
Old 08-15-2022, 09:38 AM
 
Location: Los Angeles
7,826 posts, read 2,730,782 times
Reputation: 3387
Quote:
Originally Posted by Quick Commenter View Post
That is literally all the president has to do. If that.

The Dems really don’t like the process as regards to Trump.
And I posted previously
Quote:
And do people think the extra careful Merrick Garland did not think this search warrant through...which given its gravity (being the first time in history a former president was issued this warrant) more than likely included running this through the Office of the Solicitor General how this would play out in the Supreme Court. I mean please...do people think the AG doesn't know what is considered classified and not classified and the processes involved for a President to declassify before they issue a Search Warrant of this magnitude. It's total nonsense to the point of being comedy.
 
Old 08-15-2022, 09:39 AM
 
Location: Columbia, SC
37,219 posts, read 19,225,735 times
Reputation: 14919
Quote:
Originally Posted by ansible90 View Post
Oh, for sure he would have gone the sharpie route. . Even that would have been at least some indication that the classification had been changed.

But just because he thought it in his head? No way.
The point being, it is beyond all reasonable doubt that even Trump or his aides would mistake a classified document for a sheaf of his doodle sheets when he was packing. Moving the documents to MAL was intentional. Holding them back and having his attorney sign a letter saying they had all been returned was also intentional.

All of that is covered on page 4 of the warrant.
 
Old 08-15-2022, 09:40 AM
 
Location: Honolulu/DMV Area/NYC
30,642 posts, read 18,249,084 times
Reputation: 34520
Quote:
Originally Posted by JohnBoy64 View Post
And I posted previously
Considering some of the decisions made by Merrick Garland (think investigating parents at school boards, etc.), no, I don't give him the benefit of the doubt of "thinking this through."
 
Old 08-15-2022, 09:41 AM
 
Location: Los Angeles
7,826 posts, read 2,730,782 times
Reputation: 3387
Quote:
Originally Posted by prospectheightsresident View Post
Considering some of the decisions made by Merrick Garland (think investigating parents at school boards, etc.), no, I don't give him the benefit of the doubt of "thinking this through."
That's you all have. And it ain't much.
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