Trumps own DOJ wrote repeatedly that Trump declaring something declassified did not declassify it. And you think he's declassifying it with his mind without telling anyone? Why'd he file the formal process to declassify the crossfire hurricane documents on Jan 19th before he left the white house instead of just, snapping his fingers and waving his wand?

If the documents in question were in fact declassified why didn't his lawyers say it to the DOJ at any point during the 18 months they tried to collect them?

It's these days I wish I were a lawyer and knew more about this language.

But how can anyone know that something is declassified without a process? If the president wants to declassify something, there needs to be some process which puts into the universe the idea that he declassified something! If it's only in his head, when he is no longer president, the ideas about declassification die with his lost position. Trump is not president, he cannot declassify anything. We have to know somehow that he declassified documents before he lost the presidency, and there needs to be a way to know that, beyond his own word.

Theres no legal precedent for how to resolve such a claim of a former president. No lawyer can give a true legal opinion beyond 'nobody has ever tested it in court'. Trump said he declassified them, he had absolute authority, he says he had a standing order for documents being removed, and even without those claims just his actions of taking them arguably sets implicit policy. Who can contradict the authority of the authority? No court or legislator or prosecutor can usurp a president's decision making process. There are thousands of laws a president is not above, he can't shoot someone on 5th avenue or run into the mall of america with an m16 and hold up Lid's sports apparel for some hot jerseys. But when it comes to violating executive authority, a president might as well be a king. Unitary executive theory long predates Trump and the first precedent on a president's power over disclosure dates to Washington

This is one of those legal questions where until a few weeks ago, a credible law professor's answer would be that it doesn't matter. That our system doesnt account for such scenarios because it doesnt need to.

Sure. Trump took documents that are so sensitive that they could severely harm our national security if in the wrong hands. He had them stored in places where they didn't belong. His lawyers then LIED about additional documents that were of this nature.

What does that have to do with whether or not the President could declassify the documents without telling anyone? It doesn't. You're being baited by having the discussion and it has no bearing on the fact that Trump is a national security risk.

The president could have declared those documents declassified in the middle of 2018 and flown them to Ayatollah Khomeini and delivered them on a silver platter. His prerogative. His authority over foreign relations and diplomacy. Id say it would be grounds for impeachment, but Obama did that with billions in cash and got away with it.

The authority and responsibility to safeguard such secrets is left to the discretion of the president. Saying he was incautious is a political argument not a criminal one

I'd wager our nations deepest secrets are worth more than a few billion dollars but I wonder what trump was asking for them.

First off, let's acknowledge that you've been a Trump toady for the past 6 years, and you'll follow any argument that helps him.

Second, there's not a bunch of legal precedents around a former president taking and withholding sensitive classified documents, because it's never happened before.

Third, the talking points don't seem to acknowledge my (uninformed legally) argument, which is that there needs to be some process regarding a president declassifying documents. The idea in his head has to somehow make it into our reality in order to be relevant. There needs to be something signed or proclaimed. He did none of this, therefore, all his ideas are bullshit.

Fourth, this means he's going to be held legally responsible for all the laws he violated. The threats from the cult will not make this go away.

This isn't true. There are certain types of secrets that predate the classification system and are governed by Congressional law. The President would NOT be able to just give those things away.

You see how you stray down silly avenues by conceding previous arguments?

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