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Seems special pleading: why are we requiring no special incantation when declassifying, but are requiring a special incantation ("these are classified" is not enough!) when classifying?
That said, has Trump spoken any incantation for declassifying?
Because classifying documents make it a crime for how other people handle them so there needs to be a process as a matter of due process for people who don’t have the unilateral ability to declassify.
Stated differently, the president can reveal classified info to Allies or even enemies on a phone call (as this may be necessary to achieve a certain strategic goal). That means the President effectively declassified the material without any special incantation.
I’m suggesting a similar argument here. Or stated differently, the president as regards to classification per se cannot mishandle classification. He of course can be liable for what he does with the documents (eg sell the documents to a third party for money which is a bribe). But since the sole source of classification and de classification is the president the president cannot willing break classification laws.
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does he have to? He is not bound by his executive orders and I am not sure on this issue he can be bound by congress.
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