(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority; [In this case, the official who authorized a declass is Obama, but is no longer serving as such, so cannot do it retrospectively. Biden does not have the original authority because he was Veep, and did not have original classification authority]
(2) the originator’s current successor in function, if that individual has original classification authority; [The originator WAS NOT Biden, and the problem is that we do not know if Obama had anything to do with this. Also, Biden may attempt to use this clause to say HE NOW has classifcation authority, and therefore Pfff. But. The issue is that he didn't have that at the time.]
(3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; [This one is a doozy - who 'supervises' the president? No-one. Case closed for Trump. OK, be that as it may, Obama supposedly supervised Biden. So the question is: Did Obama OK Biden to take those records? No record of it? Yikes.]
Ooh and look:
Sec. 3.2. Transferred Records.
(a) In the case of classified records transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this order.
[This means that Trump still has the authority to deem anything he likes as declassified. As he still deemed to be the originator]
(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority; [In this case, the official who authorized a declass is Obama, but is no longer serving as such, so cannot do it retrospectively. Biden does not have the original authority because he was Veep, and did not have original classification authority]
(2) the originator’s current successor in function, if that individual has original classification authority; [The originator WAS NOT Biden, and the problem is that we do not know if Obama had anything to do with this. Also, Biden may attempt to use this clause to say HE NOW has classifcation authority, and therefore Pfff. But. The issue is that he didn't have that at the time.]
(3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; [This one is a doozy - who 'supervises' the president? No-one. Case closed for Trump. OK, be that as it may, Obama supposedly supervised Biden. So the question is: Did Obama OK Biden to take those records? No record of it? Yikes.]
Ooh and look: Sec. 3.2. Transferred Records.
(a) In the case of classified records transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this order. [This means that Trump still has the authority to deem anything he likes as declassified. As he still deemed to be the originator]
Thanks for taking the time.