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Reason: None provided.

While I don't dispute his authority to do so in the least, I am not sure that is enough. When they released the warrant, anything marked was subject to seizure by feds. The fact it is marked creates a presumption in favor of being classified. How do you argue that you did it? Given that statutes require so many agencies to sign off on the declassification, a bad judge can lean on an agency's failure to do so as a reason it didn't happen. Is that bogus? Yes. Does that give plausible cover to propaganda media to argue it was classified? Yes.

Certainly, a true decision according to the rule of law by an appellate court or SCOTUS overcomes this. But that is a multi year endeavor. With no guarantees of success. There plainly isn't any pre-existing case law on the boundaries of presidential authority to declassify. I'd go as far as to say it's never been litigated. I could be wrong. I've just never ever seen such a thing.

edit: I should add - I would not believe that a civil case trial is where the issue of classification is going to be litigated. It would be litigated as a result of this warrant; either in a separate § civil rights lawsuit, or in the filing itself for the warrant. The former being more likely than the latter; the latter likely requires criminal charges be filed against Trump for possession in order to litigate the issue there. Not 100%, but I doubt that the judge issuing the warrant is going to hear the issue on whether the docs are classified. I guess it could be possible if the FBI doesn't return the property.

1 year ago
1 score
Reason: Original

While I don't dispute his authority to do so in the least, I am not sure that is enough. When they released the warrant, anything marked was subject to seizure by feds. The fact it is marked creates a presumption in favor of being classified. How do you argue that you did it? Given that statutes require so many agencies to sign off on the declassification, a bad judge can lean on an agency's failure to do so as a reason it didn't happen. Is that bogus? Yes. Does that give plausible cover to propaganda media to argue it was classified? Yes.

Certainly, a true decision according to the rule of law by an appellate court or SCOTUS overcomes this. But that is a multi year endeavor. With no guarantees of success. There plainly isn't any pre-existing case law on the boundaries of presidential authority to declassify. I'd go as far as to say it's never been litigated. I could be wrong. I've just never ever seen such a thing.

1 year ago
1 score