The paperwork shows that President Trump maintained an active security clearance at the very time when Jack Smith indicted him in the documents case—a fact the Biden regime was well aware of.
He also needs to have a legitimate need to know to possess classified information. The clearance isn't enough. I'm not saying he doesn't have it. But I'm curious what they will admit that need to know is. Things are about to get very juicy. But really, the clearance or need to know doesn't matter. All of these documents were legally declassified.
They don't receive briefings on the millions of pieces of classified information in existence. Only on what they need to know. They don't need to know everything. In the government clearance world that's a very specific term with a very specific meaning. You can't just say you need to know. Hell, when he was officially President they didn't tell him everything.
The President as head of State is the ultimate authority on access and need to know. Any attempt by Congress to create a law to curtail this authority would be an unconstitutional attempt by one branch of government to dictate the behavior of another independent branch.
If the President is not the ultimate authority, who is? Congress? An unelected bureaucrat? If this can be true for matters of security classification, then what stops it being true for everything?
It definitely has been. There are court cases that have already given the President the power to declassify anything he wants. He was the governing authority and by law had the power to declassify. That's been ruled upon already. The fact that he's being charged is a ridiculous joke.
It's the difference between capability and action. My car has enough gas to get me to Virginia. But did I actually drive to Virginia?
The president has the power to declassify.
But did that mean he took the action to declassify these documents. So far no evidence has been presented for this.
Remember the judge in this case are treating these documents as currently classified.
Trump's lawyers have to get a security clearance and the classified evidence can only be view at a secure part of the courthouse.
Former U.S. President Donald Trump and his lawyers may only review classified evidence in a secure place as he prepares for a criminal trial over his handling of secret documents after he left office in 2021, a judge ruled on Wednesday.
....
The order requires Trump and his lawyers to review and discuss all classified evidence in what is known as a sensitive compartmented information facility, or SCIF.
He said he did. He has people who worked for him who said he did. That's all it takes. That's not even the argument the Government is making. They are saying that after Biden took office he reclassified the documents. The same Biden who did not have the power to declassify as VP and yet had thousands upon thousands of classified documents that he took with him. By the government's argument they could say anyone is in possession of something Biden says is now classified and arrest you for it. It doesn't work that way.
But he has not been charged with any of this material.
They are saying that after Biden took office he reclassified the documents.
Where does the government say this?
How would Biden know what documents Trump had a Mar a Lago? How would this reclassification take place?
By the government's argument they could say anyone is in possession of something Biden says is now classified and arrest you for it. It doesn't work that way.
It doesn't work that way and they are not making argument.
Trump is not charged with mere possession. He is charged with willfully retaining these documents. That means the government asked for them back....in fact, they subpoenaed these documents. The government is saying Trump hid these documents from his lawyers to avoid turning them over.
Sometimes they are sent to be of assistance to the current President. Also they can share some insight and recommendation as they have established relationships with Foreign leaders which is a advantage.
Only Document 19 comes under this type of clearance.
19 SECRET//FORMERL Y RESTRICTED DATA
Undated document concerning nuclear weaponry of the United States
Restricted Data is a type of classification that comes from the Atomic Energy Act. It is a classification by law, not by the president. It's called "born classified."
The DOE Director of Declassification is the only individual who may declassify a document containing RD information.
TWO: All the criminal charges in the indictment would still apply if Trump had full active security clearances or if he didn't.
This is what the indictment says
DONALD J. TRUMP, having unauthorized possession of, access to, and control over documents relating to the national defense, did willfully retain the documents and fail to deliver them to the officer and employee of the United States entitled to receive them; that is- TRUMP, without authorization, retained at The Mar-a-Lago Club documents relating to the national defense,
All of this would still apply if Trump had full security clearances. Both General Petraeus and Sandy Berger had top clearances when they were convicted of their crimes.involving classified info.
The article talks about bidet rhetorically asking why Trump should have a clearance but I did not see where it specifically said his clearance was removed.
"Clearance" is different for presidents than other folks
Folks who are given clearance need to get "read in." They had learn the requirements and sign legal documents. If they leave that job they need to be "read out." When you are "read out." you sign more legal documents including saying you have no classified documents in your possession.
This doesn't happen for the president. Presidents, while they are president, just get automatic access and classification authority. They don't sign formal clearance papers, they just have it.
One former intel officer who was involved in briefing the Presidential Daily Brief to the Attorney General put it this way.
There’s a myth out there that presidents have a formal security clearance. They don’t.
What President's do get and it's a courtesy, not a legal requirement, is intelligence briefings
Biden was asked if Trump should get these briefings and Biden said I think not.
The paperwork shows that President Trump maintained an active security clearance at the very time when Jack Smith indicted him in the documents case—a fact the Biden regime was well aware of.
Come now!!!! You know very well that the Uniparty does not concern itself with Facts...
Exactly, they will never want the truth to interfere with their lies.
Yup which begs the question who is actually in control? Nothing can stop what is coming.
Amen, the whole world knows it is not Buyden.
of course he does, he is former potus...duh
Exactly, they still get security briefings.
Clearance or not, presidential records says he can take whatever he wants with him
Amen, hopefully one day they will listen.
He also needs to have a legitimate need to know to possess classified information. The clearance isn't enough. I'm not saying he doesn't have it. But I'm curious what they will admit that need to know is. Things are about to get very juicy. But really, the clearance or need to know doesn't matter. All of these documents were legally declassified.
Exactly, early on those in the know stated it was all declassified.
POTUS always has NTK, they still receive briefings.
They don't receive briefings on the millions of pieces of classified information in existence. Only on what they need to know. They don't need to know everything. In the government clearance world that's a very specific term with a very specific meaning. You can't just say you need to know. Hell, when he was officially President they didn't tell him everything.
The President as head of State is the ultimate authority on access and need to know. Any attempt by Congress to create a law to curtail this authority would be an unconstitutional attempt by one branch of government to dictate the behavior of another independent branch.
If the President is not the ultimate authority, who is? Congress? An unelected bureaucrat? If this can be true for matters of security classification, then what stops it being true for everything?
Of course they told him everything my dude. CIC is never on a NTK basis. He IS know at all times.
So far no evidence has been presented for this.
It definitely has been. There are court cases that have already given the President the power to declassify anything he wants. He was the governing authority and by law had the power to declassify. That's been ruled upon already. The fact that he's being charged is a ridiculous joke.
It's the difference between capability and action. My car has enough gas to get me to Virginia. But did I actually drive to Virginia?
The president has the power to declassify.
But did that mean he took the action to declassify these documents. So far no evidence has been presented for this.
Remember the judge in this case are treating these documents as currently classified. Trump's lawyers have to get a security clearance and the classified evidence can only be view at a secure part of the courthouse.
He said he did. He has people who worked for him who said he did. That's all it takes. That's not even the argument the Government is making. They are saying that after Biden took office he reclassified the documents. The same Biden who did not have the power to declassify as VP and yet had thousands upon thousands of classified documents that he took with him. By the government's argument they could say anyone is in possession of something Biden says is now classified and arrest you for it. It doesn't work that way.
There is evidence he declassified Crossfire Hurricane material
https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-declassification-certain-materials-related-fbis-crossfire-hurricane-investigation/
But he has not been charged with any of this material.
Where does the government say this? How would Biden know what documents Trump had a Mar a Lago? How would this reclassification take place?
It doesn't work that way and they are not making argument.
Trump is not charged with mere possession. He is charged with willfully retaining these documents. That means the government asked for them back....in fact, they subpoenaed these documents. The government is saying Trump hid these documents from his lawyers to avoid turning them over.
Remember how they are all still receiving intel briefings. You are correct.
Biden said he would remove this courtesy for Trump.
I have not Trump or his lawyers claim he was still getting briefings.
That does not change the nature of the criminal charges.
For example, if Trump did get a Intel briefing, it would mean he would not get to keep the documents.
Bankrupt Corporation vs Republic.
Say what now?
Sometimes they are sent to be of assistance to the current President. Also they can share some insight and recommendation as they have established relationships with Foreign leaders which is a advantage.
It's courtesy.
Biden removed Trump's security clearance in Feb 2001.
https://www.politico.com/news/2021/02/05/biden-trump-intelligence-briefings-466389
However, apparently nothing was ever done with Trump's DOE security clearance until recently.
This, however, won't caused the case to be thrown out for two reasons.
ONE: If you look at the indictment https://www.justice.gov/storage/US-v-Trump-Nauta-De-Oliveira-23-80101.pdf
Only Document 19 comes under this type of clearance.
Restricted Data is a type of classification that comes from the Atomic Energy Act. It is a classification by law, not by the president. It's called "born classified."
https://www.usgs.gov/survey-manual/4408-nuclear-formerly-restricted-data-frd-and-restricted-data-rd-information#:~:text=Documents%20containing%20RD%20or%20FRD,positive%20action%20to%20declassify%20them.
TWO: All the criminal charges in the indictment would still apply if Trump had full active security clearances or if he didn't.
This is what the indictment says
All of this would still apply if Trump had full security clearances. Both General Petraeus and Sandy Berger had top clearances when they were convicted of their crimes.involving classified info.
The article talks about bidet rhetorically asking why Trump should have a clearance but I did not see where it specifically said his clearance was removed.
"Clearance" is different for presidents than other folks
Folks who are given clearance need to get "read in." They had learn the requirements and sign legal documents. If they leave that job they need to be "read out." When you are "read out." you sign more legal documents including saying you have no classified documents in your possession.
This doesn't happen for the president. Presidents, while they are president, just get automatic access and classification authority. They don't sign formal clearance papers, they just have it.
One former intel officer who was involved in briefing the Presidential Daily Brief to the Attorney General put it this way.
What President's do get and it's a courtesy, not a legal requirement, is intelligence briefings
Biden was asked if Trump should get these briefings and Biden said I think not.
https://youtu.be/MF_6yNhLHkA?t=134
Well i believe we are cog and since bidet is illegitimate i dont know what is actually going on behind the scenes