Not that it matters but there has to be a formal declassification process or the system can’t work. If Trump didn’t do that, which of course he did not, charge him with a whole truckload.
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I 'member
Member when we used to say “there’s always a tweet?”
https://twitter.com/apblake/status/1558174843106955271?t=3VWDFlWZSARK65MS434J5Q&s=19
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Fun fact: Violations of the Espionage Act are the only federal non-homicide crimes still on the books that carry the death penalty as a possible sentence.
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Agents had probable cause to believe he violated some section of the Espionage Act. Beyond that we don’t know anything.
I saw a tweet that said certain secrets (special nuclear stuff) can’t be declassified by the president at will, they were specifically carved out of the law.
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theres prob a mens rea element
I’m not a Constitutional lawyer but it seems like the POTUS is the last word on what’s classified and how things are declassified. Obv, most presidents follow the established process, but it’s not obvious that Trump couldn’t have just waved his hands and declassified whatever whenever.
Or at least j bet his lawyers can spend years litigating this.
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Leonard noted important caveats, however. First, Trump’s power to declassify ended with his presidency. Second, that U-Haul could be re classified by someone else. (Depending on traffic and the sharpness of the Biden administration, I would imagine it could have been reclassified somewhere around Fredericksburg, Virginia.) And third, there are certain materials that presidents cannot classify and declassify at will. One such category of material is the identity of spies.
Another is nuclear secrets. The Atomic Energy Acts of 1946 and 1954 produced an even stranger category of classified knowledge. Anything related to the production or use of nuclear weapons and nuclear power is inherently classified, and Trump could utter whatever words he pleased yet still be in possession of classified material. Where are our nuclear warheads? What tricks have we developed to make sure they work? This information is “born secret” no matter who produces it.
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James Trusty is a pretty solid lawyer name.
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At my aerospace job we were repeatedly warned we could lose our clearance and be fired if we left our desks unlocked and there happened to be sensitive documents in the file drawer. The security people came around at night and checked. Accidentally taking stuff home could happen and no clearance for you, but you don’t end up in jail. If you start a collection in your home safe, that’s really pushing it. After that I’d say you better have a good lawyer.
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I mean, you may think this is a dunk. But Spy Magazine is long gone and forgotten. Meanwhile, the feds are literally breaking down Trump’s door to get information on nukes. So chalk one up for Trump imo.
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There has to be some follow-through or it didn’t happen. People have to know the status of what they’re working with. You can’t have one person treating a document as classified and important to protect while another guy wipes his ass with it. Ofc Trump doesn’t care. Whether DoJ cares is a question.
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I don’t believe in dunks.
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Anyone dealing with govt documents has to take annual trainings on info security. The rules and punishments are clearly stated and seem like well settled law, so Trump is fucked if rules matter.