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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][twitter]https://twitter.com/atrupar/status/1572763428086743040?s=20&t=HXsqspV79oG-JeQueWPuzw[/twitter][/quote]

Certifiably insane. He can declassify documents by just thinking about them. [/quote]

TBH, I think he's right that the president can do that.  But he clearly didn't do that while he was president.  There's a reason his lawyers have never asserted that in court - they aren't willing to straight-up lie.[/quote]

That makes no sense. You can’t have the equivalent of double secret declassification. The intelligence community needs to know if a case agent and/or HCS/asset has been compromised. Same for an entire program. Otherwise you would be open to a massive failure of counterintelligence. Not to mention the lives potentially put at risk. Then you have the added wrinkle if the declassification related to an intelligence operation of an ally, or even the nuclear capabilities of an ally. It would be madness. You would have case officers and assets around the world wondering if the mad king burned them. [/quote]

The president doesn't have unlimited powers but where he does have power, there aren't many checks upon it.  The president can declassify documents.  He should do it through a formal (or informal) process.  But he can show a classified document in a tweet or on tv, if he thinks that's the right thing to do.  The idea is that our presidents are men of integrity and perspicacity, so we trust them to do the right thing.  Probably he can just decide to declassify a document.

But it's clear that he hasn't done that here because his lawyers have scrupulously avoided saying anything like that to the court.  They aren't going to lie about that.  And the 11th circuit pointed out that, for the purposes of the warrant, classification or declassification is irrelevant because they're all government documents and do not belong at MAL.  [/quote]

My fear is that the reality is much more serious. It is after all Trump. We are dealing with Trump so we need to contemplate the most batsh1t possibility. Trump believes that he has the unilateral right to declassify — and he may very well, subject to impeachment or the limitation of doing so for a corrupt purpose — as evidenced by the spy satellite photo that he tweeted previously thereby revealing US intelligence capabilities theretofore unknown. So imagine a scenario where Trump, sitting with his dutiful advisor Kash Patel, decides that he’s going to declassify some documents and share them with a foreign leader or, for sh1ts and giggles, someone visiting MAL who happens to be a foreign asset.

Do Trump’s lawyers want to open himself up to a potential espionage charge under Section 794 by opening the door to the world of potential hurt that is magical declassification. As the 11th Circuit notes, DOJ developed evidence that Trump remained in possession of classified documents after (1) Trump turned over the 15 boxes in April and (2) after he turned over the 23 classified documents in the taped Redweld on June 3. Was this evidence derived from an intelligence source as a result of Trump sharing information? Do Trump’s lawyers want to put themselves in the potential position of urging that source at risk? Something scared the sh!t out of the NSD folks at DOJ for them to come at Trump with a warrant following on the heels of a subpoena. Particularly when combined with a pattern of obstruction. DOJ then followed up with two subpoenas for surveillance footage. Was someone of specific interest visiting MAR during these periods? Trump repeatedly lied about the classified documents for a reason while keeping them close at hand in his office and desk drawer. [/quote]

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