Trump: I could declassify documents by thinking about it

[Mycroft]

https://www.govinfo.gov/content/pkg/FR-2010-01-05/pdf/E9-31418.pdf

You are way behind on this. We have nearly a thousand posts in this thread and a LOT of them refer to that EO.

I'm not going to repeat myself, so I suggest you spend some of YOUR time and read the damned thread.

 

[Mycroft]

Biden can freely give any sensitive information he wants to Hunter because he is free to declassify anything merely by thinking it.

Do I have this right?

Yes.

However, that doesn't mean there won't be consequences.

 

[anatta]

What legitimate use could Trump possibly claim for documents he is not legally permitted to personally and willfully possess? And for what purpose did the former President want to retain possession of theses documents for is going to be a key question as to to what other statutes he may potentially face being charged under.

no the only motive that matters is malicious intent to harm the USA or advantage other nations. not happening
PRA records are used for lots of stuff,.libraries and personal papers ...it's a PRA dispute not Espionage as as fas as I can understand it

 

[snakestretcher]

I understand POTUS has broad powers over the ability to declassify a document (except National Security docs) but it still has to be reported so it is broadcast to other agencies

(g) Whenever classified material is upgraded, downgraded, or declassified, the material will be marked to reflect:

(1) The change in classification.

(2) The authority for the action.

(3) The effective date.

(4) The person or unit taking the action.

More at link:

18 CFR § 3a.31 - Classification markings and special notations.

www.law.cornell.edu

And with no documentary evidence of declassification, which must be attached to the materials in question, they can only be assumed to remain classified.

 

[snakestretcher]

So, then, who is it that is above the President, in the executive branch, that tells him he has to write it down or something?

Are you serious? In any declassification procedure there are strict protocols to be observed. This involves an official paper trail, and not mere telepathy.

 

[snakestretcher]

no the only motive that matters is malicious intent to harm the USA or advantage other nations. not happening
PRA records are used for lots of stuff,.libraries and personal papers ...it's a PRA dispute not Espionage as as fas as I can understand it

This is what Trump should have done, by law, but failed to do. Scroll to 'Declassification and Downgrading. All will be revealed.

https://www.govinfo.gov/content/pkg/CFR-2010-title3-vol1/pdf/CFR-2010-title3-vol1-eo13526.pdf

 

[BlueTex]

Common sense is not the legal standard. There is no written requirement for what a potus must go through to declassify something. It becomes a matter of his word. If he said he did it then he did because there is no way to prove otherwise.

How does one determine if some piece of information is national defense information relative to the espionage act? What does national defense information look like?

Who determines if a piece of information meets this criteria?

 

[BlueTex]

no the only motive that matters is malicious intent to harm the USA or advantage other nations. not happening
PRA records are used for lots of stuff,.libraries and personal papers ...it's a PRA dispute not Espionage as as fas as I can understand it

Horsehair.. the same stupid intent argument that is clearly WRONG. Malicious intent to harm the US is NOT required to be convicted of 18 USC 793(e). No matter how many times you trot out this bullshit, it will never be true.

 

[trouble13]

How does one determine if some piece of information is national defense information relative to the espionage act? What does national defense information look like?

Who determines if a piece of information meets this criteria?

I give up. How?

 

[BlueTex]

I give up. How?

If a JURY is convinced the government closely holds the information and keeps it hidden from the public AND it is related to national defense then one can be convicted of 18 USC 793(e).

A JURY makes that finding of fact, nobody else.

 

[Lursa]

I understanding how frustrating it is but the fact remains that he has the authority to reclassify anything he wants, for any reason he wants, at anytime he wants, and he is not required to notify anyone.

If he is claiming he did that I don't know how you can prove that he didn't.

No he doesnt. Once he's no longer POTUS he has no such license. And he's going to have to prove he did so while he was POTUS...unfortunately for him, even implied by his own words, there's no such proof since he "thought about declassifying them."

 

[trouble13]

If a JURY is convinced the government closely holds the information and keeps it hidden from the public AND it is related to national defense then one can be convicted of 18 USC 793(e).

A JURY makes that finding of fact, nobody else.

A jury would need to find that the potus does not have the authority to change the classification of information at will.

 

[BlueTex]

A jury would need to find that the potus does not have the authority to change the classification of information at will.

Nope.. the would merely need to find that government continued to closely hold the information. Nothing more… the classification can be inform the jury, but they can determine the information is NDI based on the actions of the government. This would be a find if fact by the jury.

 

[WorldWatcher]

Well his Wizard of Oz defense (if I close my eyes and tap my red ruby shoes together twice makes documents classified) is something.

It is also being referred to as the Pharoah defence (you remember Yul Brinner as the Pharoah in Moses and the 10 Commandments simply said MAKE IT SO and it was.)

I think you are a heretic and question the divine powers of the Emperor Trump.


Off with your head Multi V.

Here for you lol:



View attachment 67414627View attachment 67414628View attachment 67414629 so it shall be!

Minor technical correction:




IIRC Yul Brenner said "So let it be written, so let it be done."




Jean-Luc Picard said "Make it so".

WW

 

[MTAtech]

Then Trump's lawyers should go ahead officially make that claim in court before the special magistrate and see what happens then when the special magistrate demands proof supporting that claim from them. It isn't going to be pretty.

The court already did that.

Why an appeals court says Trump's claims he declassified the Mar-a-Lago documents are a 'red herring'​

https://www.cnn.com/2022/09/22/politics/trump-declassification-11th-circuit-opinion/index.html
Key to the dispute before the appeals court was whether the materials were possessions of Trump's that had a level of personal significance that would justify keeping them out of the Justice Department's hands.

The arguments Trump was making about why those materials should be withheld from investigators were so far-fetched, that few court observers were surprised that his claims ran into a buzzsaw at the appeals court.

 

[IQ57]

Another hate thread with TDS and projection.

Why?

The OP doesn’t even make any sense.

 

[WorldWatcher]

The court already did that.
https://www.cnn.com/2022/09/22/politics/trump-declassification-11th-circuit-opinion/index.html

That wasn't the 11th Circuit reacting to any claim made by the FPOTUS via his lawyers in court documents, that was the 11th Circuit making mention that the FPOTUS has said it via social media. That the outside claims are the "red herring".

WW

 

[WorldWatcher]

Another hate thread with TDS and projection.

Why?

The OP doesn’t even make any sense.

I agree 100%

The idea that the FPOTUS has put out there that he can secretly and mentally declassify information without telling anyone in any form,

It doesn't make sense.

WW

 

[BlueTex]

I agree 100%

The idea that the FPOTUS has put out there that he can secretly and mentally declassify information without telling anyone in any form,

It doesn't make sense.

WW

Wait the dumbasses learn about Dongfan Chung and how national defense information includes unclassified information from non-governmental entities.

 

[IQ57]

Another hate thread with TDS and projection.

Why?

The OP doesn’t even make any sense.

I agree 100%

The idea that the FPOTUS has put out there that he can secretly and mentally declassify information without telling anyone in any form,

It doesn't make sense.

WW

Wait the dumbasses learn about Dongfan Chung and how national defense information include unclassified information from non-governmental entities.

Hate and projection coupled with TDS.

Thanks for proving my point.

 

[BlueTex]

Hate and projection coupled with TDS.

Thanks for proving my point.

Hate? Nawww.. just exposing what a piece shit Trump is and level of ignorance of many of his supporters..

 

[IQ57]

Hate and projection coupled with TDS.

Thanks for proving my point.

Hate? Nawww.. just exposing what a piece shit Trump is and level of ignorance of many of his supporters..

Thanks again for proving my point.

 

[BlueTex]

Thanks again for proving my point.

Do you believe in telepathic declassification?

 

[WorldWatcher]

Do you believe in telepathic declassification?

Yes.

Telepathic powers are right in the Constitution.

(Of course you need telepathic powers to read it in the original, the text does not appear to normal people.)

WW

 

[Dragonfly]

I would like to suggest that on election day, Trump supporters simply “think” their votes in.

Don’t even need to leave their house.


Just please, only think you vote in once, and let try to avoid the hanging-chad thoughts shall we?