Quote (theCrossbones @ Aug 14 2022 08:01pm)
no he can't declassify the documents in perpetuity in his head that nobody knows about.. You keep posting that.
AND the documents at his residence are an issue with or without classification.
and the claim that Biden can "re classify" is just as stupid
"No he can't" isn't an argument.
The constitution lays out powers that belong to the president. Its clear from court precedent that when the president possesses absolute powers, their execution is entirely up to him. Whatever procedures exist, serve only to formalize those powers, they can't restrict them. If the president says he's declassified something, he's declassified it, full stop. And while there's no formal court precedent, the weight of established law sides firmly with the argument that classification of documents is one of those plenary powers which derive directly from the president's constitutional authority. And thus cannot be infringed.
That's an argument.
I'm asking what the counterargument to that is. And "biden can re classify" is a stupid counteragument, but its a valid one. Biden possesses that authority now, if Trump had power over classification then, Biden does now. And that would lead to a situation where Biden is simply condemning his predecessor by edict like a tyrant. If you have another, less despotic argument to contradict Trump's claim of presidential authority, it would be good to hear it.