Except Donald Trump is not posting in this thread and nothing in this thread is a classified document, checkmate atheists.
See I can do it too

Oof that’s a reach. You should just drop the idea that possession=declassified There is plenty of evidence that shows it always goes through a process. Not the “because I said so rule”

The crux is if all documents have to be declassified formally/on the record, or if the type of "implicit declassification" goom is talking about exists, i.e. material an incumbent president takes home is automatically considered declassified.

If this legal theory of implicit declassification applies, then Trump was within his right to take home any classified material up until Jan 20, 2021. Trump left the WH on this day and no longer had physical access to new classified documents since then. Therefore, under the implicit declassificaton doctrine, he could only be on the hook for those documents for which the feds can prove that he took them with him during the minutes between Biden's inauguration and his departure from the WH.

This post was edited by Black XistenZ on Aug 11 2022 11:55pm

Nuclear classified info requires DoE sign off and can't be implicitly declassified like other types of material.

So if there is incumbent declassification. When he took them to FL would also be relevant. And it would truly be one of the dumbest legal standings ever. That no. notification to anyone is required but because the president of then time “said so” I promise” is stupid beyond words

has any documents been found?

More to the point, these doctrines don't exist. There's nothing but implicit power precedents, without any explicit definition of what the limitations of those powers are.
That's the issue, there's no law or statute or precedent or executive policy to draw upon, and existing policies that reference it even lay out that laws can't restrict such powers. There's nothing in the law to make a distinction of types of classification or what happens to classifications when he leaves office or anything else, its all uncharted legal waters.

These are the kinds of legal arguments we're not supposed to bother with in the first place, that shouldn't matter, that prosecutors should never make. Like when Trump's advisors are claiming executive privilege from the January 6th committee who is trying to subpoena them or even prosecute them like Bannon. Its a sign of how weaponized the FBI has become.

I'm going to go ahead and disagree with that conclusion of yours. Call me crazy, but I think you need to look at how unprecedented Trump's actions are.

This might not apply because we're really only basing this info off of what WaPo said but Trump can't unilaterally declassify nuclear secrets. I don't think SCOTUS is going to buy your argument (if it even goes to SCOTUS).
https://www.law.cornell.edu/cfr/text/36/1260.28

The courts would look at Navy v Egan which says that a president has virtually plenary authority to control classified information as derived from the constitution, which no congressional law can infringe, and EPA v Mink which says any congressional procedures on classified information would be limited by executive privilege. Or that all executive orders written to enforce such statutes naturally derive their authority from whichever president issued them. In short, its pretty simple case when its anyone other than a president. When its a president, its pretty clear under the precedents he has the full authority to classify or declassify, and to enforce such laws, because that's his constitutional prerogative. When its a former president and documents from his tenure- there's no existing law at all and nothing to draw upon and no authoritative legal theory.

Nevermind that the whole thing is premised on leakers from a politicized FBI trying to spin their most favorable light, and every one of these Trump bombshells coordinated by the FBI/NYT/WaPo for the past 6 years has borne out the same result again and again and again, so at least we can all forgo the part where we act surprised when it turns out we're literally talking about Kim Jong Un's crayon cartoon drawing a missile or a children's badge given to him for visiting NASA.


I mean, note how the FBI has been leaking like sieve throughout this process, just like the Comey McCabe era all over again. Hard to maintain that those involved in this warrant didn't have a political motive when they're going to the NYT and WaPo about it

This post was edited by Goomshill on Aug 12 2022 01:07am

Ditto