I see things slightly differently. maybe that is because I am not a lawyer!
If I buy some new premises for my business I may get fed up with people parking in the space outside my office so I might put a "No Parking" sign there. How upset would I be if the police came along and arrested me for leaving my car in a space clearly marked "No Parking"?
I see the US classification system in a similar light. As POTUS, I can apply classification categories to anything but I can still see everything myself with no need to get anyone else's approval beforehand. It is a final check on the government that ensures openness of government.
The fact that others actually mark the documents is not relevant. I may not have dug the holes for my "No Parking" sign, either.
2 problems with your analogy.
1: police have no authority on private property. You posting a sign doesn't give them the authority to enforce what the sign says without your consent.
2: who gets arrested for parking in a no parking zone. It would be a citation. You would go to court. You would show you were parked on your own private property.
OK, but isn't that were Trump is now? As POTUS it was "his own private property" it is just that the people charging him think it is somehow their property.
There will be no deeds but isn't there something in The Constitution that gives a POTUS the relevant authority?
As POTUS, I can apply classification categories to anything but I can still see everything myself with no need to get anyone else's approval beforehand. It is a final check on the government that ensures openness of government.
I'm not sure I follow you here. The classification system is designed, of course, to be less open about information. What check is occurring.
The question to ask is who is stopping whom from seeing what? My argument was that a POTUS can see everything and the classification system is a part of the President's remit.
There is a practical problem. If no-one can legally view a certain document then you are stuck in a hole. That document will never be viewed again even to re-classify it correctly.
Who do you think should be able to prevent a POTUS from seeing a document? Surely, it is the other way round? A POTUS can prevent anyone else from viewing a document. He may not apply the markings personally but it will be done on his behalf.
I see things slightly differently. maybe that is because I am not a lawyer!
If I buy some new premises for my business I may get fed up with people parking in the space outside my office so I might put a "No Parking" sign there. How upset would I be if the police came along and arrested me for leaving my car in a space clearly marked "No Parking"?
I see the US classification system in a similar light. As POTUS, I can apply classification categories to anything but I can still see everything myself with no need to get anyone else's approval beforehand. It is a final check on the government that ensures openness of government.
The fact that others actually mark the documents is not relevant. I may not have dug the holes for my "No Parking" sign, either.
2 problems with your analogy. 1: police have no authority on private property. You posting a sign doesn't give them the authority to enforce what the sign says without your consent. 2: who gets arrested for parking in a no parking zone. It would be a citation. You would go to court. You would show you were parked on your own private property.
OK, but isn't that were Trump is now? As POTUS it was "his own private property" it is just that the people charging him think it is somehow their property.
There will be no deeds but isn't there something in The Constitution that gives a POTUS the relevant authority?
I'm not sure I follow you here. The classification system is designed, of course, to be less open about information. What check is occurring.
The question to ask is who is stopping whom from seeing what? My argument was that a POTUS can see everything and the classification system is a part of the President's remit.
There is a practical problem. If no-one can legally view a certain document then you are stuck in a hole. That document will never be viewed again even to re-classify it correctly.
Who do you think should be able to prevent a POTUS from seeing a document? Surely, it is the other way round? A POTUS can prevent anyone else from viewing a document. He may not apply the markings personally but it will be done on his behalf.