Constitutinal Law experst shows off his skills *snicker*

[Fishking]

Actually a SOS CAN decide if a document should be classified but may not declassify a document that the President as classified.

No. The SOS may perhaps classify stuff incorrectly, but they don't just get to decide not to classify it. That aside, it's not even a real possibility as the office of the SOS isn't an originator of intelligence, but a consumer.

 

[iguanaman]

No. The SOS may perhaps classify stuff incorrectly, but they don't just get to decide not to classify it. That aside, it's not even a real possibility as the office of the SOS isn't an originator of intelligence, but a consumer.

Which law school did you graduate from? I suggest you take your disagreement up with the lawyer in my link.

When it comes to classified information, agency heads have special responsibilities and special privileges. They have plenary authority to classify or declassify information. If rules regarding classified information are broken, they have the authority to determine administrative punishments. Unless they go so far as to break the law, no one is authorized to administratively punish them.
Richard O. Lempert is the Eric Stein Distinguished University Professor of Law and Sociology emeritus at the University of Michigan.

 

[Fishking]

Which law school did you graduate from? I suggest you take your disagreement up with the lawyer in my link.

The SOS is not the head of an agency. As such, your quote doesn't apply. If Hillary was DIRNSA or something, then you'd be correct.

 

[iguanaman]

The SOS is not the head of an agency. As such, your quote doesn't apply. If Hillary was DIRNSA or something, then you'd be correct.

Who is the head of the State Dept. then?

 

[Beaudreaux]

Executive Orders get changed all the time. Bush amended Clinton's EO on classification and Obama amended Bush's EO. The agencies that classify their products do so by regulations set down in EOs. In other words, the President is the boss of all the agencies and classification authority is derived from the President's office.

https://www.whitehouse.gov/the-press-office/executive-order-classified-national-security-information

Have you even read the EO in your link? Have your read 18 U.S.C., specifically § 793, § 798, and § 1924? Have you ever had a security clearance? Have you ever had training regarding OpSec and Maintenance of Classified Data?

Again, the President cannot change the law. And if you would had actually read the EO in your link, you would have noticed that it contradicts what you have been claiming the President can do, and I doubt you would have posted a link to it if you had actually read it before doing so.

 

[Beaudreaux]

The SOS is not the head of an agency. As such, your quote doesn't apply. If Hillary was DIRNSA or something, then you'd be correct.

Seriously? You are actually claiming that the Secretary of State is not the head of a federal agency?

 

[Fishking]

Who is the head of the State Dept. then?

The state department is not an agency.

 

[Fishking]

Seriously? You are actually claiming that the Secretary of State is not the head of a federal agency?

Yes, the SOS is the head of the state department, which is not an agency.

 

[Fishking]

Have you even read the EO in your link? Have your read 18 U.S.C., specifically § 793, § 798, and § 1924? Have you ever had a security clearance? Have you ever had training regarding OpSec and Maintenance of Classified Data?

Again, the President cannot change the law. And if you would had actually read the EO in your link, you would have noticed that it contradicts what you have been claiming the President can do, and I doubt you would have posted a link to it if you had actually read it before doing so.

Sorry, no matter how much you try, it's not going to change the fact that all classification authority is derived from the President and the President can chose to declassify information. No matter how much you kick and scream, it's not going to change that fact.

NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: