Trump Indictments, page-2730

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    Government Classification and the Mar-a-Lago Documents

    Understanding how the classification system works is critical to understanding Trump’s culpability — legal and otherwise.

    Information is usually declassified through a process known as “automatic declassification” (which is, in practice, anything but automatic) that takes place after information has been classified for 25 years. However, information may be declassified sooner if it is marked with an earlier declassification date; if the original classification authority who classified the information, their successor or supervisor, or another designated official determines that it no longer meets the standards for classification; or if the agency head or a designated senior agency official determines that the public interest in disclosure outweighs the need for protection. The decision to declassify is made in consultation with all agencies that have an interest in the information.

    Information designated as Restricted Data or Formerly Restricted Data is subject to separate rules. By statute, Restricted Data may only be declassified by authorized Department of Energy officials. Although the statute is less clear on this point, it has consistently been interpreted to give the Departments of Energy and Defense sole authority to declassify Formerly Restricted Data, an interpretation enshrined in agency regulations. Neither category is eligible for “automatic” declassification. (POTUS can)

    As with classification, declassification is a two-step process. First, an authorized official must determine that the information no longer requires protection. Second, that determination must be communicated so that the protections are removed. (EXCEPT for POTUS) Accordingly, when a decision has been made to declassify information, it must be marked as declassified. If the declassification affects an entire category of information, the agency’s classification guide must be updated accordingly. If it is narrower, the decision may be captured in a declassification guide — although often, the consultation process that accompanies a declassification decision is sufficient to alert the necessary personnel."

    "One thing the president cannot do, though, is declassify information “by thinking about it” — i.e., without communicating that decision to anyone else. This conclusion follows not from any particular legal requirements but rather from the very essence of what it means to classify or declassify information (That plus a token will get you on any bus on the Metro). As noted above, these are two-step processes: first, an official determines whether the information requires protection, and second, the information is flagged to ensure that the protections are applied or removed. If an official claims to have classified or declassified information after taking the first step but not the second, it’s like a customer saying she ordered food at a restaurant when she has decided what she wants to eat but hasn’t told the waiter."

    So as I said no law broken. Also...feel free to state the details of the statute

 
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