Here's what Meadows is responding to.
Trump’s team claimed that the former President
“had a standing order that documents removed from the Oval Office and taken to the residence were deemed to be declassified the moment he removed them.”
Just the News has an article where 2 aides indicated there was a standing order and that there was no question. I am sure Trump knows precisely what the procedures are, and has followed them. My concern is all these untrustworthy people working for him and around him that could purposefully set him up or mess with his compliance.
.... But former top aides to prior presidents acknowledged the president's power to declassify was absolute and at times resulted in instant declassification decisions.
One prior administration official related an instance where his boss, while talking to a foreign leader, gave top-secret information to the leader, declassifying simply by sharing what he had seen in a top-secret marked document. Another official related an instance he witnessed in which a president, during a meeting, received a top secret document and one official got up to leave because his clearance was only at the secret level.
"The president instantly approved that staffer to stay and consume the top-secret intelligence because it benefited the president's work at that moment," the person told Just the News.
The president's detractors in Congress, the DOJ, and the intelligence community are likely to contest the president's arguments. But officials familiar with national security law said courts generally have held the president's power to declassify is far-reaching and that the process for how that happens can be more happenstance, something the Bush and Obama executive orders from 2003 and 2009 made clear.
Obama's executive order no. 13526, issued in 2009, laid out the stringent process all federal officials and agencies needed to follow for declassification, but explicitly exempted the sitting president and vice president from having to follow those procedures.
"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," the Obama order stated.
Officials said it is likely the FBI will seek to find any officials or witnesses who knew or can confirm there was a "standing order" as described by the Trump statement. But in the end, officials said the president's declassification powers were sweeping and likely would be viewed as such by the courts.
This is different though. This is a specific order about specific materials.
We knew about this. It was reported.
https://www.politico.com/news/2021/01/19/trump-doj-declassify-russia-probe-documents-460511
Here's what Meadows is responding to. Trump’s team claimed that the former President
Just the News has an article where 2 aides indicated there was a standing order and that there was no question. I am sure Trump knows precisely what the procedures are, and has followed them. My concern is all these untrustworthy people working for him and around him that could purposefully set him up or mess with his compliance.
.... But former top aides to prior presidents acknowledged the president's power to declassify was absolute and at times resulted in instant declassification decisions.
One prior administration official related an instance where his boss, while talking to a foreign leader, gave top-secret information to the leader, declassifying simply by sharing what he had seen in a top-secret marked document. Another official related an instance he witnessed in which a president, during a meeting, received a top secret document and one official got up to leave because his clearance was only at the secret level.
"The president instantly approved that staffer to stay and consume the top-secret intelligence because it benefited the president's work at that moment," the person told Just the News.
The president's detractors in Congress, the DOJ, and the intelligence community are likely to contest the president's arguments. But officials familiar with national security law said courts generally have held the president's power to declassify is far-reaching and that the process for how that happens can be more happenstance, something the Bush and Obama executive orders from 2003 and 2009 made clear.
Obama's executive order no. 13526, issued in 2009, laid out the stringent process all federal officials and agencies needed to follow for declassification, but explicitly exempted the sitting president and vice president from having to follow those procedures.
"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," the Obama order stated.
Officials said it is likely the FBI will seek to find any officials or witnesses who knew or can confirm there was a "standing order" as described by the Trump statement. But in the end, officials said the president's declassification powers were sweeping and likely would be viewed as such by the courts.
The PRESIDENT is the senior executive.
The case is not going to be about the president's power to the classify, but the question as to whether the president did declassify.