Unseal warrant for Mar-a-Lago search, AG Garland asks
By ERIC TUCKER and MICHAEL BALSAMO
1 hour ago
WASHINGTON (AP) — The Justice Department is asking a federal court to unseal the warrant the FBI used to search the Mar-a-Lago estate of former President Donald Trump, Attorney General Merrick Garland said Thursday, acknowledging extraordinary public interest in the case about classified records.
The request is striking because such documents traditionally remain sealed during a pending investigation. But the Justice Department appeared to recognize that its silence since the search had created a vacuum for bitter verbal attacks by Trump and his allies and Garland wanted to provide the FBI's side for what led to the action.
“The public’s clear and powerful interest in understanding what occurred under these circumstances weighs heavily in favor of unsealing,” said a motion filed in federal court in Florida on Thursday seeking the unsealing.
Should the warrant be released — the request is now with the judge, and Trump can object — it could disclose potentially unflattering information about the former president and his handling of sensitive government documents right as he prepares for another run for the White House. During his successful 2016 campaign, he pointed frequently to an FBI investigation into his Democratic opponent, Hillary Clinton, over whether she mishandled classified information.
It's unclear at this point how much information would be included in the documents, if made public, or if they would encompass an FBI affidavit that would presumably lay out a detailed factual basis for the search. To obtain a search warrant, federal authorities must prove to a judge that probable cause exists to believe that a crime was committed.
Neither Trump nor the FBI has said anything about what documents the FBI might have recovered. But the former president complained anew on Thursday about the search.
Trump, who for years has lambasted the FBI and sought to sow distrust among his supporters in its decisions, said the warrant was served and the search conducted despite his cooperation with the Justice Department.
In a post to his Truth Social platform, Trump said that his “attorneys and representatives were cooperating fully” prior to the search, and that government officials “could have had whatever they wanted, whenever they wanted, if we had it."
FBI and Justice Department policy cautions against discussing ongoing investigations, both to protect the integrity of probes and to avoid unfairly maligning someone who is being scrutinized but winds up ultimately not being charged. That’s especially true in the case of search warrants, where supporting court papers are routinely kept secret as the investigation proceeds.
In this case, though, Garland cited the fact that Trump himself had provided the first public confirmation of the FBI search, “as his right." The Justice Department, in its new filing, also said that disclosing information about it now would not harm the court's functions.
Even so, Garland, in a hastily scheduled public statement delivered from the Justice Department podium, appeared to acknowledge the unusual nature of the department's request as he declined to take questions or provide any substantive details about the FBI's investigation.
“Much of our work is by necessity conducted out of the public eye. We do that to protect the constitutional rights of all Americans and to protect the integrity of our investigations," he said. "Federal law, longstanding department rules and our ethical obligations prevent me from providing further details as to the basis of the search at this time.”
He said he personally approved the search warrant, a step he said was part of an ongoing Justice Department investigation into the discovery of classified White House records recovered from Trump's Mar-a-Lago home in Palm Beach, Florida, earlier this year. The National Archives had asked the department to investigate after saying that classified records were found in 15 boxes of records that it retrieved from the estate.
The attorney general condemned verbal attacks on FBI and Justice Department personnel over the search. Some Republican allies of Trump have called for the FBI to be defunded.
Earlier Thursday, an armed man wearing body armor tried to breach a security screening area at an FBI field office in Ohio, then fled and was injured in an exchange of gunfire in a standoff with law enforcement.
“I will not stand by silently when their integrity is unfairly attacked,” Garland said of federal law enforcement agents, calling them “dedicated, patriotic public servants.”
_____
Associated Press writers Zeke Miller, Lindsay Whitehurst and Meg Kinnard contributed to this report.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
WILMINGTON, Ohio — After a lengthy standoff, police officers shot and killed an armed man accused of trying to break into the F.B.I.’s Cincinnati office on Thursday, officials in Ohio said, but the motives of the man remained unclear.
Investigators are looking into whether the man had ties to extremist groups, including one that participated in the Jan. 6 attack on the Capitol, according to two law enforcement officials familiar with the matter.
WILMINGTON, Ohio — After a lengthy standoff, police officers shot and killed an armed man accused of trying to break into the F.B.I.’s Cincinnati office on Thursday, officials in Ohio said, but the motives of the man remained unclear.
Investigators are looking into whether the man had ties to extremist groups, including one that participated in the Jan. 6 attack on the Capitol, according to two law enforcement officials familiar with the matter.
Your next Ashli Babbit...
1995 Milwaukee 1998 Alpine, Alpine 2003 Albany, Boston, Boston, Boston 2004 Boston, Boston 2006 Hartford, St. Paul (Petty), St. Paul (Petty) 2011 Alpine, Alpine 2013 Wrigley 2014 St. Paul 2016 Fenway, Fenway, Wrigley, Wrigley 2018 Missoula, Wrigley, Wrigley 2021 Asbury Park 2022 St Louis 2023 Austin, Austin
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
WILMINGTON, Ohio — After a lengthy standoff, police officers shot and killed an armed man accused of trying to break into the F.B.I.’s Cincinnati office on Thursday, officials in Ohio said, but the motives of the man remained unclear.
Investigators are looking into whether the man had ties to extremist groups, including one that participated in the Jan. 6 attack on the Capitol, according to two law enforcement officials familiar with the matter.
Your next Ashli Babbit...
Great, and what did that lead to? More complaining and crying amongst the 10%.
WILMINGTON, Ohio — After a lengthy standoff, police officers shot and killed an armed man accused of trying to break into the F.B.I.’s Cincinnati office on Thursday, officials in Ohio said, but the motives of the man remained unclear.
Investigators are looking into whether the man had ties to extremist groups, including one that participated in the Jan. 6 attack on the Capitol, according to two law enforcement officials familiar with the matter.
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
I cannot believe for a second that there is not a formal procedure for declassification. That makes no sense. Where is this coming from?
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
I cannot believe for a second that there is not a formal procedure for declassification. That makes no sense. Where is this coming from?
Bloomberg
there is a procedure at a department level, as in the CIA declassification of something. Presidents can declassify whatever they want, with no process. Apparently
it makes sense in the context of executive authority. If the president wants to share battle field intelligence with the british at a meeting he has that right. Having to ask permission or having to get a sign off means a president is answerable to someone else. Certainly you couldn’t say he committed a crime. This is that concept stretched to the extreme as is the normal for trump. One of his minions says he declassified it, so there is a witness.
POOTWH is fundraising off of this with the $100 donation button moving around. And yea, you have to uncheck the box to keep it from being a reoccurring donation. Suckers.
As for that 10%, during the 1930s, leading up to the 1939 invasion of Poland, did the Nazi party have just 10% of support? And the long article about how certain repub senate and house candidates are distancing themselves from POOTWH leading up to the mid-terms as if that’s a sign of POOTWH losing his grip on the party is laughable. Once elected, they will fall in line with leadership and do POOTWH’s agenda and bidding, laying the groundwork for POOTWH’s 2024 candidacy.
There is a solid 35% base willing to give up everything for POOTWH. There’s another 15% willing to remain silent and look the other way. And there’s 1% who will naively go along to own the libs.
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
I cannot believe for a second that there is not a formal procedure for declassification. That makes no sense. Where is this coming from?
Bloomberg
there is a procedure at a department level, as in the CIA declassification of something. Presidents can declassify whatever they want, with no process. Apparently
it makes sense in the context of executive authority. If the president wants to share battle field intelligence with the british at a meeting he has that right. Having to ask permission or having to get a sign off means a president is answerable to someone else.
If he is claiming he declassified them, then why wasn't that raised as a defense to the original subpoena? Surely the process must include notifying the National Records. Also, even if declassified, that doesn't give him the right to remove them. I think that would still be a violation of the act.
All this is speculative. Garland strikes me as very deliberative. So if it got through Wray and Garland, it must be something material and not really open to interpretation. And if the mole theory is true, same for that person. It must be something not in the gray area. I would be shocked by that level of misreading.
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
I cannot believe for a second that there is not a formal procedure for declassification. That makes no sense. Where is this coming from?
Bloomberg
there is a procedure at a department level, as in the CIA declassification of something. Presidents can declassify whatever they want, with no process. Apparently
it makes sense in the context of executive authority. If the president wants to share battle field intelligence with the british at a meeting he has that right. Having to ask permission or having to get a sign off means a president is answerable to someone else.
If he is claiming he declassified them, then why wasn't that raised as a defense to the original subpoena? Surely the process must include notifying the National Records. Also, even if declassified, that doesn't give him the right to remove them. I think that would still be a violation of the act.
All this is speculative. Garland strikes me as very deliberative. So if it got through Wray and Garland, it must be something material and not really open to interpretation. And if the mole theory is true, same for that person. It must be something not in the gray area. I would be shocked by that level of misreading.
All I’m saying is there is other violations here. I don’t think top secret matters. Doesn’t mean mishandling of documents, not complying with a records request etc aren’t crimes.
Patel did raise that point that trump declassified them. I’m not sure when though.
Without a process though, he didn’t need to disclose that. It’s all very convoluted.
I just wouldn’t get too caught up on “top secret”. Classified or not they belong to the national archives
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
I cannot believe for a second that there is not a formal procedure for declassification. That makes no sense. Where is this coming from?
Bloomberg
there is a procedure at a department level, as in the CIA declassification of something. Presidents can declassify whatever they want, with no process. Apparently
it makes sense in the context of executive authority. If the president wants to share battle field intelligence with the british at a meeting he has that right. Having to ask permission or having to get a sign off means a president is answerable to someone else.
If he is claiming he declassified them, then why wasn't that raised as a defense to the original subpoena? Surely the process must include notifying the National Records. Also, even if declassified, that doesn't give him the right to remove them. I think that would still be a violation of the act.
All this is speculative. Garland strikes me as very deliberative. So if it got through Wray and Garland, it must be something material and not really open to interpretation. And if the mole theory is true, same for that person. It must be something not in the gray area. I would be shocked by that level of misreading.
All I’m saying is there is other violations here. I don’t think top secret matters. Doesn’t mean mishandling of documents, not complying with a records request etc aren’t crimes.
Patel did raise that point that trump declassified them. I’m not sure when though.
Without a process though, he didn’t need to disclose that. It’s all very convoluted.
I just wouldn’t get too caught up on “top secret”. Classified or not they belong to the national archives
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
I cannot believe for a second that there is not a formal procedure for declassification. That makes no sense. Where is this coming from?
Bloomberg
there is a procedure at a department level, as in the CIA declassification of something. Presidents can declassify whatever they want, with no process. Apparently
it makes sense in the context of executive authority. If the president wants to share battle field intelligence with the british at a meeting he has that right. Having to ask permission or having to get a sign off means a president is answerable to someone else.
If he is claiming he declassified them, then why wasn't that raised as a defense to the original subpoena? Surely the process must include notifying the National Records. Also, even if declassified, that doesn't give him the right to remove them. I think that would still be a violation of the act.
All this is speculative. Garland strikes me as very deliberative. So if it got through Wray and Garland, it must be something material and not really open to interpretation. And if the mole theory is true, same for that person. It must be something not in the gray area. I would be shocked by that level of misreading.
All I’m saying is there is other violations here. I don’t think top secret matters. Doesn’t mean mishandling of documents, not complying with a records request etc aren’t crimes.
Patel did raise that point that trump declassified them. I’m not sure when though.
Without a process though, he didn’t need to disclose that. It’s all very convoluted.
I just wouldn’t get too caught up on “top secret”. Classified or not they belong to the national archives
100%.
Sorry, but no. POOTWH can't just say, "that box over there, I just declassified it, it goes to Mar-I-Lieo." There is a process for TOP SECRET and classified information to be released and made available. That process is that they can't say no but that the POTUS makes a request and it goes through an advice and consent process, is cataloged and records made and kept, all to grant the POTUS his request. There are very strict rules/laws around the handling of classified information. Do you really think that if a POTUS just gave all of our nuclear codes and SOPs to Russia or China, that there wouldn't be legal repercussions? Seriously? The purpose of which, is if a POTUS wanted to release our nuclear codes, the senate or house could petition the courts for a block based on the potential gravity of harm, not to mention that such an act would be a violation of their oath of office, not to aid or abet enemies, foreign or domestic, as well as being treasonous.
Fuck, does anyone remember "checks & balances" and "three co-equal branches of government?" You're being bamboolzooled.
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
I cannot believe for a second that there is not a formal procedure for declassification. That makes no sense. Where is this coming from?
Bloomberg
there is a procedure at a department level, as in the CIA declassification of something. Presidents can declassify whatever they want, with no process. Apparently
it makes sense in the context of executive authority. If the president wants to share battle field intelligence with the british at a meeting he has that right. Having to ask permission or having to get a sign off means a president is answerable to someone else.
If he is claiming he declassified them, then why wasn't that raised as a defense to the original subpoena? Surely the process must include notifying the National Records. Also, even if declassified, that doesn't give him the right to remove them. I think that would still be a violation of the act.
All this is speculative. Garland strikes me as very deliberative. So if it got through Wray and Garland, it must be something material and not really open to interpretation. And if the mole theory is true, same for that person. It must be something not in the gray area. I would be shocked by that level of misreading.
All I’m saying is there is other violations here. I don’t think top secret matters. Doesn’t mean mishandling of documents, not complying with a records request etc aren’t crimes.
Patel did raise that point that trump declassified them. I’m not sure when though.
Without a process though, he didn’t need to disclose that. It’s all very convoluted.
I just wouldn’t get too caught up on “top secret”. Classified or not they belong to the national archives
100%.
However biden could have reclassified them using the same non process, process and didn’t have to tell trump. So he could be sitting on piles of classified documents
yet again this shows our system only works when people follow norms. Trump exposed this like no other. We aren’t set up to deal with any of this when someone decides they are going to do whatever they want.
Pages 3, 4, 8 & 11 of the link are relevant. Notice the word "trustworthy." Brandon did not extend the time-honored courtesy of allowing POOTWH access to classified information, briefings or anything to do with TOP Secret information after he left the Oval on 1/20/21 because he had proven himself to be "untrustworthy."
TOP SECRET material found at Mar-I-Lieo, per FBI. Violation of law, federal offense. POOTWH will be charged, me thinks.
Where did you see this and what is the comment about 3PM as high noon?
NPR interview with Weissman explaining that the judge has given POOTWH until 3:00 p.m. tomorrow to respond to the DOJ request. STFU or release the warrant and the inventory of what they were looking for.
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
classified materiel is going to be contested so it’s not a smoking gun as trump can just say he de classified them. The nature of the documents probably doesn’t matter. “former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
I cannot believe for a second that there is not a formal procedure for declassification. That makes no sense. Where is this coming from?
Bloomberg
there is a procedure at a department level, as in the CIA declassification of something. Presidents can declassify whatever they want, with no process. Apparently
it makes sense in the context of executive authority. If the president wants to share battle field intelligence with the british at a meeting he has that right. Having to ask permission or having to get a sign off means a president is answerable to someone else.
If he is claiming he declassified them, then why wasn't that raised as a defense to the original subpoena? Surely the process must include notifying the National Records. Also, even if declassified, that doesn't give him the right to remove them. I think that would still be a violation of the act.
All this is speculative. Garland strikes me as very deliberative. So if it got through Wray and Garland, it must be something material and not really open to interpretation. And if the mole theory is true, same for that person. It must be something not in the gray area. I would be shocked by that level of misreading.
All I’m saying is there is other violations here. I don’t think top secret matters. Doesn’t mean mishandling of documents, not complying with a records request etc aren’t crimes.
Patel did raise that point that trump declassified them. I’m not sure when though.
Without a process though, he didn’t need to disclose that. It’s all very convoluted.
I just wouldn’t get too caught up on “top secret”. Classified or not they belong to the national archives
100%.
However biden could have reclassified them using the same non process, process and didn’t have to tell trump. So he could be sitting on piles of classified documents
yet again this shows our system only works when people follow norms. Trump exposed this like no other. We aren’t set up to deal with any of this when someone decides they are going to do whatever they want.
Pages 3, 4, 8 & 11 of the link are relevant. Notice the word "trustworthy." Brandon did not extend the time-honored courtesy of allowing POOTWH access to classified information, briefings or anything to do with TOP Secret information after he left the Oval on 1/20/21 because he had proven himself to be "untrustworthy."
That sort of misses the nuance of this claim from the trump camp.
1. Trump could have declassified all his documents before leaving office through a process that isn’t defined
2. Biden could have revoked trumps security clearance on day 1. Trump already declassified the documents he took making this moot for the purposes of these specific records.
3. hypothetically Biden could have reclassified them that same way, and trump may or may not have been told. maybe it was part of the discussion the DOJ has with the Trump camp and he could be in possession of (re) classified documents
all of this deals with presidents specifically. There is an article on NBC about it too.
Apparently until someone updates the classification stamps no none else can touch them. Even if they are unclassified. That seems to put anyone other than a sitting president back into legal jeopardy if the stamp is above their security clearance
Pages 3, 4, 8 & 11 of the link are relevant. Notice the word "trustworthy." Brandon did not extend the time-honored courtesy of allowing POOTWH access to classified information, briefings or anything to do with TOP Secret information after he left the Oval on 1/20/21 because he had proven himself to be "untrustworthy."
That sort of misses the nuance of this claim from the trump camp.
1. Trump could have declassified all his documents before leaving office through a process that isn’t defined
2. Biden could have revoked trumps security clearance on day 1. Trump already declassified the documents he took making this moot for the purposes of these specific records.
3. hypothetically Biden could have reclassified them that same way, and trump may or may not have been told. maybe it was part of the discussion the DOJ has with the Trump camp and he could be in possession of (re) classified documents
all of this deals with presidents specifically. There is an article on NBC about it too.
Apparently until someone updates the classification stamps no none else can touch them. Even if they are unclassified. That seems to put anyone other than a sitting president back into legal jeopardy if the stamp is above their security clearance
it’s a mess
1. Consider the source of the “claim.” A “claim “ does not make it so.
2. Did POOTWH declassify the documents in question and if so, what process did he use, if any?
3. Maybe that’s true but the Constitution clearly has language about swearing an oath, protecting the nation from enemies, foreign and domestic, and consequences for committing treason.
4. It’s a mess because it’s POOTWH. Regardless, if he declassified them, he stole them and he jeopardized our national security. 3 and the National Archives law, which POOTWH renewed with stiffer penalties, kick in for the law and order crowd and the Constitutional purists amongst us.
Pages 3, 4, 8 & 11 of the link are relevant. Notice the word "trustworthy." Brandon did not extend the time-honored courtesy of allowing POOTWH access to classified information, briefings or anything to do with TOP Secret information after he left the Oval on 1/20/21 because he had proven himself to be "untrustworthy."
That sort of misses the nuance of this claim from the trump camp.
1. Trump could have declassified all his documents before leaving office through a process that isn’t defined
2. Biden could have revoked trumps security clearance on day 1. Trump already declassified the documents he took making this moot for the purposes of these specific records.
3. hypothetically Biden could have reclassified them that same way, and trump may or may not have been told. maybe it was part of the discussion the DOJ has with the Trump camp and he could be in possession of (re) classified documents
all of this deals with presidents specifically. There is an article on NBC about it too.
Apparently until someone updates the classification stamps no none else can touch them. Even if they are unclassified. That seems to put anyone other than a sitting president back into legal jeopardy if the stamp is above their security clearance
it’s a mess
1. Consider the source of the “claim.” A “claim “ does not make it so.
2. Did POOTWH declassify the documents in question and if so, what process did he use, if any?
3. Maybe that’s true but the Constitution clearly has language about swearing an oath, protecting the nation from enemies, foreign and domestic, and consequences for committing treason.
4. It’s a mess because it’s POOTWH. Regardless, if he declassified them, he stole them and he jeopardized our national security. 3 and the National Archives law, which POOTWH renewed with stiffer penalties, kick in for the law and order crowd and the Constitutional purists amongst us.
Point #2 specifically is what I’m talking about. There isn’t a process. Legal scholars generally agree. A president can declassify on demand and don’t need to notify anyone. That doesn’t mean anyone else can touch them though until a process to stamp them correctly happens
4. I totally agree he took them and that’s a crime
even if he is charged, there is a lot to go through. He’s got a solid claim on some of it, not because it’s right but because no one anticipated someone would do this. There isn’t a guardrail. Getting this done before 2024 may not happen.
because this has never happened there are several things that could go to the Supreme Court. It’s going to take a long time
Some of these laws have no enforcement mechanism or penalty. IE the presidential records act. So if you are accusing him of breaking one law but having to prosecute him under a more general mishandling of government documents law it gets really murky
If the repubs are saying that none of this applies to POOTWH, none of this, then we really are fucked as a nation. Its fucking madness that they want to do Steve Bannon's bidding and tear this nation down and turn it into a fascist state. If this is true, that none of the below or in the link applies to a POTUS, then we don't have a POTUS, we have a King.
Executive Order 13526 of December 29, 2009
Classified National Security Information
This order prescribes a uniform system for classifying, safeguarding, and
declassifying national security information, including information relating
to defense against transnational terrorism. Our democratic principles require
that the American people be informed of the activities of their Government.
Also, our Nation’s progress depends on the free flow of information both
within the Government and to the American people. Nevertheless, throughout
our history, the national defense has required that certain information be
maintained in confidence in order to protect our citizens, our democratic
institutions, our homeland security, and our interactions with foreign nations.
Protecting information critical to our Nation’s security and demonstrating
our commitment to open Government through accurate and accountable
application of classification standards and routine, secure, and effective
declassification are equally important priorities.
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:
PART 1—ORIGINAL CLASSIFICATION
Section 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions
are met:
(1) an original classification authority is classifying the information;
(2) the information is owned by, produced by or for, or is under the
control of the United States Government;
(3) the information falls within one or more of the categories of information
listed in section 1.4 of this order; and
(4) the original classification authority determines that the unauthorized
disclosure of the information reasonably could be expected to result in
damage to the national security, which includes defense against
transnational terrorism, and the original classification authority is able
to identify or describe the damage.
(b) If there is significant doubt about the need to classify information,
it shall not be classified.
This provision does not:
(1) amplify or modify the substantive criteria or procedures for classification; or
(2) create any substantive or procedural rights subject to judicial review.
(c) Classified information shall not be declassified automatically as a result
of any unauthorized disclosure of identical or similar information.
(d) The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.
Sec. 1.2. Classification Levels. (a) Information may be classified at one of
the following three levels:
(1) ‘‘Top Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave
damage to the national security that the original classification authority
is able to identify or describe.
(2) ‘‘Secret’’ shall be applied to information, the unauthorized disclosure
of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify
or describe.
(3) ‘‘Confidential’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national
security that the original classification authority is able to identify or
describe.
(b) Except as otherwise provided by statute, no other terms shall be
used to identify United States classified information.
(c) If there is significant doubt about the appropriate level of classification,
it shall be classified at the lower level.
Sec. 1.3. Classification Authority. (a) The authority to classify information
originally may be exercised only by:
(1) the President and the Vice President;
(2) agency heads and officials designated by the President; and
(3) United States Government officials delegated this authority pursuant
to paragraph (c) of this section.
(b) Officials authorized to classify information at a specified level are
also authorized to classify information at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification authority shall be limited to the
minimum required to administer this order. Agency heads are responsible
for ensuring that designated subordinate officials have a demonstrable
and continuing need to exercise this authority.
(2) ‘‘Top Secret’’ original classification authority may be delegated only
by the President, the Vice President, or an agency head or official designated pursuant to paragraph (a)(2) of this section.
(3) ‘‘Secret’’ or ‘‘Confidential’’ original classification authority may be
delegated only by the President, the Vice President, an agency head or
official designated pursuant to paragraph (a)(2) of this section, or the
senior agency official designated under section 5.4(d) of this order, provided that official has been delegated ‘‘Top Secret’’ original classification
authority by the agency head.
(4) Each delegation of original classification authority shall be in writing
and the authority shall not be redelegated except as provided in this
order. Each delegation shall identify the official by name or position.
(5) Delegations of original classification authority shall be reported or
made available by name or position to the Director of the Information
Security Oversight Office.
(d) All original classification authorities must receive training in proper
classification (including the avoidance of over-classification) and declassification as provided in this order and its implementing directives at least
once a calendar year. Such training must include instruction on the proper
safeguarding of classified information and on the sanctions in section 5.5
of this order that may be brought against an individual who fails to classify
information properly or protect classified information from unauthorized
disclosure. Original classification authorities who do not receive such mandatory training at least once within a calendar year shall have their classification
authority suspended by the agency head or the senior agency official designated under section 5.4(d) of this order until such training has taken
place. A waiver may be granted by the agency head, the deputy agency
head, or the senior agency official if an individual is unable to receive
such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable.
Sec. 1.4. Classification Categories. Information shall not be considered for
classification unless its unauthorized disclosure could reasonably be expected
to cause identifiable or describable damage to the national security in accordance with section 1.2 of this order, and it pertains to one or more of
the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert action), intelligence sources
or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including
confidential sources;
(e) scientific, technological, or economic matters relating to the national
security;
(f) United States Government programs for safeguarding nuclear materials
or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures,
projects, plans, or protection services relating to the national security; or
(h) the development, production, or use of weapons of mass destruction.
Sec. 1.5. Duration of Classification. (a) At the time of original classification,
the original classification authority shall establish a specific date or event
for declassification based on the duration of the national security sensitivity
of the information. Upon reaching the date or event, the information shall
be automatically declassified. Except for information that should clearly
and demonstrably be expected to reveal the identity of a confidential human
source or a human intelligence source or key design concepts of weapons
of mass destruction, the date or event shall not exceed the time frame
established in paragraph (b) of this section.
(b) If the original classification authority cannot determine an earlier specific date or event for declassification, information shall be marked for
declassification 10 years from the date of the original decision, unless the
original classification authority otherwise determines that the sensitivity
of the information requires that it be marked for declassification for up
to 25 years from the date of the original decision.
(c) An original classification authority may extend the duration of classification up to 25 years from the date of origin of the document, change
the level of classification, or reclassify specific information only when the
standards and procedures for classifying information under this order are
followed.
(d) No information may remain classified indefinitely. Information marked
for an indefinite duration of classification under predecessor orders, for
example, marked as ‘‘Originating Agency’s Determination Required,’’ or classified information that contains incomplete declassification instructions or
lacks declassification instructions shall be declassified in accordance with
part 3 of this order.
From Page 718:
(b) Information originated by the incumbent President or the incumbent
Vice President; the incumbent President’s White House Staff or the incumbent
Vice President’s Staff; committees, commissions, or boards appointed by
the incumbent President; or other entities within the Executive Office of
the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist
shall have the authority to review, downgrade, and declassify papers or
records of former Presidents and Vice Presidents under the control of the
Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203. Review
procedures developed by the Archivist shall provide for consultation with
agencies having primary subject matter interest and shall be consistent with
the provisions of applicable laws or lawful agreements that pertain to the
respective Presidential papers or records. Agencies with primary subject
matter interest shall be notified promptly of the Archivist’s decision. Any
final decision by the Archivist may be appealed by the requester or an
agency to the Panel. The information shall remain classified pending a
prompt decision on the appeal.
Page 720:
PART 4—SAFEGUARDING
Sec. 4.1. General Restrictions on Access.
(a) A person may have access to classified information provided that:
(1) a favorable determination of eligibility for access has been made by
an agency head or the agency head’s designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access to classified information in paragraph (a) of this section shall receive contemporaneous training
on the proper safeguarding of classified information and on the criminal,
civil, and administrative sanctions that may be imposed on an individual
who fails to protect classified information from unauthorized disclosure.
(c) An official or employee leaving agency service may not remove classified information from the agency’s control or direct that information be
declassified in order to remove it from agency control.
(d) Classified information may not be removed from official premises
without proper authorization.
(e) Persons authorized to disseminate classified information outside the
executive branch shall ensure the protection of the information in a manner
equivalent to that provided within the executive branch.
(f) Consistent with law, executive orders, directives, and regulations, an
agency head or senior agency official or, with respect to the Intelligence
Community, the Director of National Intelligence, shall establish uniform
procedures to ensure that automated information systems, including networks
and telecommunications systems, that collect, create, communicate, compute,
disseminate, process, or store classified information:
(1) prevent access by unauthorized persons;
(2) ensure the integrity of the information; and (3) to the maximum extent practicable, use.....................Continues
Comments
Donald "Same Answer" Trump.
WASHINGTON (AP) — The Justice Department is asking a federal court to unseal the warrant the FBI used to search the Mar-a-Lago estate of former President Donald Trump, Attorney General Merrick Garland said Thursday, acknowledging extraordinary public interest in the case about classified records.
The request is striking because such documents traditionally remain sealed during a pending investigation. But the Justice Department appeared to recognize that its silence since the search had created a vacuum for bitter verbal attacks by Trump and his allies and Garland wanted to provide the FBI's side for what led to the action.
“The public’s clear and powerful interest in understanding what occurred under these circumstances weighs heavily in favor of unsealing,” said a motion filed in federal court in Florida on Thursday seeking the unsealing.
Should the warrant be released — the request is now with the judge, and Trump can object — it could disclose potentially unflattering information about the former president and his handling of sensitive government documents right as he prepares for another run for the White House. During his successful 2016 campaign, he pointed frequently to an FBI investigation into his Democratic opponent, Hillary Clinton, over whether she mishandled classified information.
DONALD TRUMP
EXPLAINER: How does the FBI get a warrant to search a home?
Trump hires prominent Atlanta attorney for election probe
Trump's bond with GOP deepens after primary wins, FBI search
FBI's Wray denounces threats following search of Trump home
It's unclear at this point how much information would be included in the documents, if made public, or if they would encompass an FBI affidavit that would presumably lay out a detailed factual basis for the search. To obtain a search warrant, federal authorities must prove to a judge that probable cause exists to believe that a crime was committed.
Neither Trump nor the FBI has said anything about what documents the FBI might have recovered. But the former president complained anew on Thursday about the search.
Trump, who for years has lambasted the FBI and sought to sow distrust among his supporters in its decisions, said the warrant was served and the search conducted despite his cooperation with the Justice Department.
In a post to his Truth Social platform, Trump said that his “attorneys and representatives were cooperating fully” prior to the search, and that government officials “could have had whatever they wanted, whenever they wanted, if we had it."
FBI and Justice Department policy cautions against discussing ongoing investigations, both to protect the integrity of probes and to avoid unfairly maligning someone who is being scrutinized but winds up ultimately not being charged. That’s especially true in the case of search warrants, where supporting court papers are routinely kept secret as the investigation proceeds.
In this case, though, Garland cited the fact that Trump himself had provided the first public confirmation of the FBI search, “as his right." The Justice Department, in its new filing, also said that disclosing information about it now would not harm the court's functions.
Even so, Garland, in a hastily scheduled public statement delivered from the Justice Department podium, appeared to acknowledge the unusual nature of the department's request as he declined to take questions or provide any substantive details about the FBI's investigation.
“Much of our work is by necessity conducted out of the public eye. We do that to protect the constitutional rights of all Americans and to protect the integrity of our investigations," he said. "Federal law, longstanding department rules and our ethical obligations prevent me from providing further details as to the basis of the search at this time.”
He said he personally approved the search warrant, a step he said was part of an ongoing Justice Department investigation into the discovery of classified White House records recovered from Trump's Mar-a-Lago home in Palm Beach, Florida, earlier this year. The National Archives had asked the department to investigate after saying that classified records were found in 15 boxes of records that it retrieved from the estate.
The attorney general condemned verbal attacks on FBI and Justice Department personnel over the search. Some Republican allies of Trump have called for the FBI to be defunded.
Earlier Thursday, an armed man wearing body armor tried to breach a security screening area at an FBI field office in Ohio, then fled and was injured in an exchange of gunfire in a standoff with law enforcement.
“I will not stand by silently when their integrity is unfairly attacked,” Garland said of federal law enforcement agents, calling them “dedicated, patriotic public servants.”
_____
Associated Press writers Zeke Miller, Lindsay Whitehurst and Meg Kinnard contributed to this report.
More on Donald Trump-related investigations: https://apnews.com/hub/donald-trump
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Libtardaplorable©. And proud of it.
Brilliantati©
Authorities said they shot and killed the suspect after hours of negotiations.
WILMINGTON, Ohio — After a lengthy standoff, police officers shot and killed an armed man accused of trying to break into the F.B.I.’s Cincinnati office on Thursday, officials in Ohio said, but the motives of the man remained unclear.
Investigators are looking into whether the man had ties to extremist groups, including one that participated in the Jan. 6 attack on the Capitol, according to two law enforcement officials familiar with the matter.
The Golden Age is 2 months away. And guess what….. you’re gonna love it! (teskeinc 11.19.24)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
2013: London ON, Wrigley; 2014: Cincy, St Louis, Moline (NO CODE)
2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston
2020: Oakland, Oakland: 2021: EV Ohana, Ohana, Ohana, Ohana
2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville
2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana
2013 Wrigley 2014 St. Paul 2016 Fenway, Fenway, Wrigley, Wrigley 2018 Missoula, Wrigley, Wrigley 2021 Asbury Park 2022 St Louis 2023 Austin, Austin
MSNBC just reported that TOP SECRET material had been found at Mar-I-Lieo. Didn’t differentiate whether it was from the 15 boxes previously returned or the 12 taken Monday. Regardless, we know there’s a 3 page inventory of classified material taken from the 15 boxes previously returned.
Theres no way those 12 boxes taken on Monday contained classified material or TOP SECRET material. No way. Boxes of Dr. Seuss books. The out of print ones.
Libtardaplorable©. And proud of it.
Brilliantati©
“former Trump National Security Council member Kash Patel has claimed Trump did just that before leaving office. There is no set procedure for presidential declassification, meaning that could be the basis for a defense if a case proceeds against Trump.”
there is a procedure at a department level, as in the CIA declassification of something. Presidents can declassify whatever they want, with no process. Apparently
it makes sense in the context of executive authority. If the president wants to share battle field intelligence with the british at a meeting he has that right. Having to ask permission or having to get a sign off means a president is answerable to someone else. Certainly you couldn’t say he committed a crime. This is that concept stretched to the extreme as is the normal for trump. One of his minions says he declassified it, so there is a witness.
https://www.bloomberg.com/news/articles/2022-08-09/what-to-know-about-presidential-records-and-the-law-quicktake
and here
https://www.politifact.com/factchecks/2017/may/16/james-risch/does-president-have-ability-declassify-anything-an/
As for that 10%, during the 1930s, leading up to the 1939 invasion of Poland, did the Nazi party have just 10% of support? And the long article about how certain repub senate and house candidates are distancing themselves from POOTWH leading up to the mid-terms as if that’s a sign of POOTWH losing his grip on the party is laughable. Once elected, they will fall in line with leadership and do POOTWH’s agenda and bidding, laying the groundwork for POOTWH’s 2024 candidacy.
There is a solid 35% base willing to give up everything for POOTWH. There’s another 15% willing to remain silent and look the other way. And there’s 1% who will naively go along to own the libs.
People need to wake up.
Libtardaplorable©. And proud of it.
Brilliantati©
All this is speculative. Garland strikes me as very deliberative. So if it got through Wray and Garland, it must be something material and not really open to interpretation. And if the mole theory is true, same for that person. It must be something not in the gray area. I would be shocked by that level of misreading.
Without a process though, he didn’t need to disclose that. It’s all very convoluted.
Fuck, does anyone remember "checks & balances" and "three co-equal branches of government?" You're being bamboolzooled.
Libtardaplorable©. And proud of it.
Brilliantati©
yet again this shows our system only works when people follow norms. Trump exposed this like no other. We aren’t set up to deal with any of this when someone decides they are going to do whatever they want.
https://www.cia.gov/library/readingroom/docs/CIA-RDP80B01495R000200090013-0.pdf
Libtardaplorable©. And proud of it.
Brilliantati©
Libtardaplorable©. And proud of it.
Brilliantati©
1. Trump could have declassified all his documents before leaving office through a process that isn’t defined
2. Biden could have revoked trumps security clearance on day 1. Trump already declassified the documents he took making this moot for the purposes of these specific records.
3. hypothetically Biden could have reclassified them that same way, and trump may or may not have been told. maybe it was part of the discussion the DOJ has with the Trump camp and he could be in possession of (re) classified documents
all of this deals with presidents specifically. There is an article on NBC about it too.
it’s a mess
if so, the rosenbergs would like a word.
"Well, you tell him that I don't talk to suckas."
The Washington Post: FBI searched Trump’s Mar-a-Lago residence for classified nuclear documents
https://www.cnn.com/2022/08/11/politics/trump-mar-a-lago-search-nuclear-classified-documents/index.html
"Well, you tell him that I don't talk to suckas."
2. Did POOTWH declassify the documents in question and if so, what process did he use, if any?
3. Maybe that’s true but the Constitution clearly has language about swearing an oath, protecting the nation from enemies, foreign and domestic, and consequences for committing treason.
4. It’s a mess because it’s POOTWH. Regardless, if he declassified them, he stole them and he jeopardized our national security. 3 and the National Archives law, which POOTWH renewed with stiffer penalties, kick in for the law and order crowd and the Constitutional purists amongst us.
Libtardaplorable©. And proud of it.
Brilliantati©
4. I totally agree he took them and that’s a crime
even if he is charged, there is a lot to go through. He’s got a solid claim on some of it, not because it’s right but because no one anticipated someone would do this. There isn’t a guardrail. Getting this done before 2024 may not happen.
because this has never happened there are several things that could go to the Supreme Court. It’s going to take a long time
Some of these laws have no enforcement mechanism or penalty. IE the presidential records act. So if you are accusing him of breaking one law but having to prosecute him under a more general mishandling of government documents law it gets really murky
Executive Order 13526 of December 29, 2009
Classified National Security Information
This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism. Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation’s progress depends on the free flow of information both within the Government and to the American people. Nevertheless, throughout our history, the national defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations. Protecting information critical to our Nation’s security and demonstrating our commitment to open Government through accurate and accountable application of classification standards and routine, secure, and effective declassification are equally important priorities.
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:
PART 1—ORIGINAL CLASSIFICATION Section 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met:
(1) an original classification authority is classifying the information; (2) the information is owned by, produced by or for, or is under the control of the United States Government; (3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and (4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.
(b) If there is significant doubt about the need to classify information, it shall not be classified.
This provision does not: (1) amplify or modify the substantive criteria or procedures for classification; or (2) create any substantive or procedural rights subject to judicial review. (c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information. (d) The unauthorized disclosure of foreign government information is presumed to cause damage to the national security.
Sec. 1.2. Classification Levels. (a) Information may be classified at one of the following three levels: (1) ‘‘Top Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe. (2) ‘‘Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe. (3) ‘‘Confidential’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe. (b) Except as otherwise provided by statute, no other terms shall be used to identify United States classified information. (c) If there is significant doubt about the appropriate level of classification, it shall be classified at the lower level.
Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by: (1) the President and the Vice President; (2) agency heads and officials designated by the President; and (3) United States Government officials delegated this authority pursuant to paragraph (c) of this section. (b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level. (c) Delegation of original classification authority.
(1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority.
(2) ‘‘Top Secret’’ original classification authority may be delegated only by the President, the Vice President, or an agency head or official designated pursuant to paragraph (a)(2) of this section.
(3) ‘‘Secret’’ or ‘‘Confidential’’ original classification authority may be delegated only by the President, the Vice President, an agency head or official designated pursuant to paragraph (a)(2) of this section, or the senior agency official designated under section 5.4(d) of this order, provided that official has been delegated ‘‘Top Secret’’ original classification authority by the agency head.
(4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this order. Each delegation shall identify the official by name or position.
(5) Delegations of original classification authority shall be reported or made available by name or position to the Director of the Information Security Oversight Office. (d) All original classification authorities must receive training in proper classification (including the avoidance of over-classification) and declassification as provided in this order and its implementing directives at least once a calendar year. Such training must include instruction on the proper safeguarding of classified information and on the sanctions in section 5.5 of this order that may be brought against an individual who fails to classify information properly or protect classified information from unauthorized disclosure. Original classification authorities who do not receive such mandatory training at least once within a calendar year shall have their classification authority suspended by the agency head or the senior agency official designated under section 5.4(d) of this order until such training has taken place. A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable.
Sec. 1.4. Classification Categories. Information shall not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accordance with section 1.2 of this order, and it pertains to one or more of the following: (a) military plans, weapons systems, or operations; (b) foreign government information; (c) intelligence activities (including covert action), intelligence sources or methods, or cryptology; (d) foreign relations or foreign activities of the United States, including confidential sources; (e) scientific, technological, or economic matters relating to the national security; (f) United States Government programs for safeguarding nuclear materials or facilities; (g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or (h) the development, production, or use of weapons of mass destruction.
Sec. 1.5. Duration of Classification. (a) At the time of original classification, the original classification authority shall establish a specific date or event for declassification based on the duration of the national security sensitivity of the information. Upon reaching the date or event, the information shall be automatically declassified. Except for information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the date or event shall not exceed the time frame established in paragraph (b) of this section. (b) If the original classification authority cannot determine an earlier specific date or event for declassification, information shall be marked for declassification 10 years from the date of the original decision, unless the original classification authority otherwise determines that the sensitivity of the information requires that it be marked for declassification for up to 25 years from the date of the original decision. (c) An original classification authority may extend the duration of classification up to 25 years from the date of origin of the document, change the level of classification, or reclassify specific information only when the standards and procedures for classifying information under this order are followed. (d) No information may remain classified indefinitely. Information marked for an indefinite duration of classification under predecessor orders, for example, marked as ‘‘Originating Agency’s Determination Required,’’ or classified information that contains incomplete declassification instructions or lacks declassification instructions shall be declassified in accordance with part 3 of this order.
From Page 718:
(b) Information originated by the incumbent President or the incumbent Vice President; the incumbent President’s White House Staff or the incumbent Vice President’s Staff; committees, commissions, or boards appointed by the incumbent President; or other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents and Vice Presidents under the control of the Archivist pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist’s decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain classified pending a prompt decision on the appeal.
Page 720:
PART 4—SAFEGUARDING Sec. 4.1. General Restrictions on Access. (a) A person may have access to classified information provided that:
(1) a favorable determination of eligibility for access has been made by an agency head or the agency head’s designee; (2) the person has signed an approved nondisclosure agreement; and (3) the person has a need-to-know the information. (b) Every person who has met the standards for access to classified information in paragraph (a) of this section shall receive contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure. (c) An official or employee leaving agency service may not remove classified information from the agency’s control or direct that information be declassified in order to remove it from agency control. (d) Classified information may not be removed from official premises without proper authorization. (e) Persons authorized to disseminate classified information outside the executive branch shall ensure the protection of the information in a manner equivalent to that provided within the executive branch. (f) Consistent with law, executive orders, directives, and regulations, an agency head or senior agency official or, with respect to the Intelligence Community, the Director of National Intelligence, shall establish uniform procedures to ensure that automated information systems, including networks and telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store classified information: (1) prevent access by unauthorized persons; (2) ensure the integrity of the information; and (3) to the maximum extent practicable, use.....................Continues
E9-31418.pdf (govinfo.gov)
Libtardaplorable©. And proud of it.
Brilliantati©