Friday, September 02, 2022 4:13:08 PM
That’s Declassified. (8.30.22)
(1) A President Has Absolute Authority To Declassify Documents.
Under the U.S. Constitution, the President is vested with the highest level of authority when it
comes to the classification and declassification of documents. See U.S. Const., Art. II, § 2 (The
President (is] Commander in Chief of the Army and Navy of the United States[.]"), His
constitutionally-based authority regarding the classification and declassification of documents is
unfettered. See Navyv. Egan, 484 U.S. 518, 527 (1988) ("[The President's] authority to classify
and control access to information bearing on national security .. .flows primarily from this
constitutional investment of power in the President and exists quite apart from any explicit
congressional grant.").
(2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal Sanction.
Any attempt to impose criminal liability on a President or former President that involves his actions
with respect to documents marked classified would implicate grave constitutional separation-of-
powers issues. Beyond that, the primary criminal statute that governs the unauthorized removal
and retention of classified documents or material does not apply to the President. That statute
provides, in pertinent part, as follows:
Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position,
or contract, becomes possessed of documents or materials
containing classified information of the United States, knowingly
removes such documents or materials without authority and with the intent to retain such documents location shall be fined under this title or imprisoned for not more than five years, or both.
materials at an unauthorized
18 U.S.C. § 1924(a). An element of this offense, which the government must prove beyond a reasonable doubt, is that the accused is "an officer, employee, contractor, or consultant of the United States." The President is none of these. See Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477, 497-98 (2010) (citing U.S. Const., Art. I, § 2, cl. 2) (*"The people do not vote for the Officers of the United States."); see also Melcher v. Fed. Open Mkt. Comm., 644 F. Supp.
S10, 518-19 (D.D.C. 1986), affd, 836 F.2d 561 (D.C. Cir. 1987) ("[aln officer of the Unitcd States
can only be appointed by the President, by and with the advice and consent of the Senate, or by a
court of law, or the head of a department. A person who does not derive his position from one of
these sources is not an officer of the United States in the sense of the Constitution."). Thus, the
statute does not apply to acts by a President.
“The president does not need to obtain Congress' or a bureaucrat's permission—or jump through their regulatory or statutory hoops—to declassify anything. The S.C. reaffirmed this in the 1988 case, Department of the Navy v. Egan…”
“Thus, if Trump left the White House with classified records, then those records are necessarily declassified by his very actions…”
https://townhall.com/tipsheet/mattvespa/2022/08/19/oped-impeach-ag-garland-and-fbi-director-wray-over-dojs-maralago-fiasco-n2611977
Witch Hunt
“He (President Trump) has secure facilities…”
“There’s no indication or evidence that these records got into the wrong hands… unlike Hillary Clinton’s home server that was hacked by foreign governments when she was Secretary of State…”
https://youtu.be/etDH-DJcBZw
“Former Intelligence Community Inspector General Charles McCullough III said he’d “be sitting in Leavenworth right now” if he did what Hillary Clinton did. Mr. McCullough said the Obama Administration knew about the classified emails and tried to sabotage the investigation.”
https://youtu.be/WIARMMtUdZQ
https://www.peoplespunditdaily.com/news/politics/2017/11/30/inspector-general-id-sitting-leavenworth-right-now-hillary/
“On Monday evening, former Intelligence Community Inspector General Charles McCullough III told Fox News’ Catherine Herridge that the Clinton campaign warned it would fire him after discovering evidence of “top secret,” emails passing through Hillary Clinton’s private email server.”
https://youtu.be/csZpxstLidI
https://www.thegatewaypundit.com/2017/11/obama-inspector-general-reveals-stunned-james-clapper-led-deep-state-officials-covering-hillarys-email-scandal/
“Prior to the FBI's raid on Trump's estate, a string of whistleblowers had come forward with accusations of political bias against senior FBI officials. The Washington Field Office, which sent the agents to Florida to raid Trump's estate, was facing its own set of allegations.”
“…Wisconsin GOP Sen. Ron Johnson put out a call for FBI whistleblowers to come forward with misconduct concerns…”
https://americasvoice.news/justthenews/more-whistleblowers-come-forward-against-out-control-fbi/
“Establishes in law that any incumbent Presidential records (whether textual or electronic) held on courtesy storage by the Archivist remain in the exclusive legal custody of the President and that any request or order for access to such records must be made to the President, not NARA.”
https://youtu.be/H8LrQ5m55dQ
https://www.archives.gov/presidential-libraries/laws/1978-act.html
“It is important to remember, the presidential records act –the presented pretext for the document conflict– is not a criminal statute. An FBI raid cannot be predicated on a document conflict between the National Archives and a former president.”
https://clintonfoundationtimeline.com/august-11-2022-part-4-what-was-in-the-trump-documents-creating-such-fear-in-doj-and-fbi/
“Experts agreed that the president, as commander-in-chief, is ultimately responsible for classification and declassification. When someone lower in the chain of command handles classification and declassification duties it's because they have been delegated to do so by the president directly, or by an appointee chosen by the president.”
https://www.globalsecurity.org/org/news/2017/170516-president-declassification.htm
“One thing that clearly is wrong is the Biden White House should not be able to waive the executive privilege of President Trump. It would mean that no president could ever speak with confidence without knowing two years from now or three years from now all of it will be revealed by the current president…”
https://www.thegatewaypundit.com/2022/08/alan-dershowitz-clearly-wrong-biden-white-house-not-able-waive-executive-privilege-president-trump-video/
“The entire process of granting, denying or revoking someone’s security clearance is derived from the president’s Article II authority as commander in chief. The president is the ultimate classifier of information and, at least in theory, the ultimate decider on who is granted access to classified information.”
https://www.lawfareblog.com/can-president-revoke-former-officials-security-clearances
Ҥ 2204. Restrictions on access to Presidential records
(a) Prior to the conclusion of a President’s term of office or last consecutive term of office, as the case may be, the President shall specify durations, not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record…”
https://www.archives.gov/about/laws/presidential-records.html
“In the final hours of the Trump presidency, the U.S. Justice Department raised privacy concerns to thwart the release of hundreds of pages of documents that Donald Trump had declassified to expose FBI abuses during the Russia collusion probe, and the agency then defied a subsequent order to release the materials after redactions were made…”
https://redstate.com/mike_miller/2022/07/20/doj-blocked-trumps-declassification-of-russian-collusion-hoax-docs-in-final-hours-of-his-presidency-n598409
It's not surprising that the DOJ refuses to turn over documents that prove that the DOJ, FBI and the CIA have committed crimes against the United States and Trump. It also explains why they have nothing to lose at this point by further victimizing Donald Trump.
Who do we call on to enforce the law when it's being broken by the people who are tasked with enforcing it?
https://www.judicialwatch.org/judicial-watch-sues-doj-to-release-trump-declassified-smoking-gun-documents-from-russia-probe/
“…Jonathan Turley called on the Justice Department to release the affidavit used to obtain the search warrant that prompted the raid on Mar-a-Lago…”
“If the attorney general truly believes the Justice Department will speak through its filings and allow these filings to speak for themselves, they should release that affidavit,”
https://www.shorenewsnetwork.com/2022/08/13/they-should-release-that-affidavit-law-professor-slams-doj-after-seizure-of-documents/
“The official who triggered the federal probe into former President Donald Trump's handling of classified documents opted against doing the same concerning Hillary Clinton's email scandal.”
https://news.yahoo.com/national-archives-official-notified-doj-211729726.html
Hillary didn’t have the authority to declassify ANYTHING.
https://causeofaction.org/wp-content/uploads/2015/07/STATE.NARA-Complaint-and-Exhibits-7-8-2015.pdf
Reinhardt recused himself:
Filing 29 Case reassigned to Magistrate Judge Bruce E. Reinhart as Paired Magistrate Judge for all further proceedings. Signed by Magistrate Judge Ryon M. McCabe on 4/6/2022.
Filing 186 ORDER OF RECUSAL. Magistrate Judge Bruce E. Reinhart recused. Case reassigned to Magistrate Judge William Matthewman for all further proceedings. Signed by Magistrate Judge Bruce E. Reinhart on 6/22/2022.
https://dockets.justia.com/docket/florida/flsdce/2:2022cv14102/610157
“Prior to becoming a judge in 2018, Reinhart spent 12 years as an Assistant United States Attorney for the Southern District of Florida, the office tasked with investigating the pedophile Jeffrey Epstein for sex trafficking in 2005.”
https://freebeacon.com/politics/bruce-reinhart-jeffrey-epstein-trump/
The same people who ran multiple, illegal, treasonous counter intelligence operations against Donald Trump are the SAME people who raided his home. This is just the latest taxpayer funded CRIME being committed by the FBI and the DOJ. There should be serious and IMMEDIATE intervention to hold these grotesque traitors responsible for their actions against Trump and the United States.
https://rumble.com/embed/v1eh9cr/?pub=4
“Was the Federal Bureau of Investigation justified in searching Donald Trump’s residence at Mar-a-Lago? The judge who issued the warrant for Mar-a-Lago has signaled that he is likely to release a redacted version of the affidavit supporting it. But the warrant itself suggests the answer is likely no—the FBI had no legally valid cause for the raid.”
http://davidbrivkin.com/the-trump-warrant-had-no-legal-basis/
“…the government is opposing even modest disclosures from the court while it has steadily leaked details to its own advantage. It undermines the credibility of the government and raises questions of the motivations behind the absolute secrecy claims.”
https://rumble.com/embed/v1er45b/?pub=4
https://jonathanturley.org/2022/08/23/litigation-by-leak-government-officials-leak-new-details-on-the-mar-a-lago-raid-while-continuing-to-oppose-disclosures-in-court/
What constitutes a valid search warrant?
“A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state specifically the place to be searched and the items to be seized.”
https://www.justia.com/criminal/docs/search-seizure-faq/
"An exchange [redacted] discussing US presidential candidate Hillary Clinton’s approval of a plan concerning US presidential candidate Donald Trump and Russian hackers hampering US elections as a means of distracting the public from her use of a private email server."
https://justthenews.com/government/us-intel-declassify-more-evidence-showing-why-fbi-russia-probe-was-broken-start
“The memo informed Comey and Strzok of "an exchange...discussing U.S. presidential candidate Hillary Clinton's approval of a plan concerning U.S. presidential candidate Donald Trump and Russian hackers hampering U.S. elections as a means of distracting the public from her use of a private email server."
https://www.theblaze.com/news/breaking-trump-authorizes-declassification-of-all-documents-related-to-russia-hoax-without-redactions
“…Susan Rice and Peter Strzok, who was working for both Mr. Brennan in the CIA and the FBI on the quote ‘counterintelligence investigation’. We have to go back to at least August 15, of 2016 when Strzok and Page text each other about the insurance policy they discussed in McCabe’s office.
https://www.thegatewaypundit.com/2022/08/breaking-exclusive-trump-gotem-huge-concerns-peter-strzok-working-cia-likely-heart-mar-lago-raid/
(1) A President Has Absolute Authority To Declassify Documents.
Under the U.S. Constitution, the President is vested with the highest level of authority when it
comes to the classification and declassification of documents. See U.S. Const., Art. II, § 2 (The
President (is] Commander in Chief of the Army and Navy of the United States[.]"), His
constitutionally-based authority regarding the classification and declassification of documents is
unfettered. See Navyv. Egan, 484 U.S. 518, 527 (1988) ("[The President's] authority to classify
and control access to information bearing on national security .. .flows primarily from this
constitutional investment of power in the President and exists quite apart from any explicit
congressional grant.").
(2) Presidential Actions Involving Classified Documents Are Not Subject To Criminal Sanction.
Any attempt to impose criminal liability on a President or former President that involves his actions
with respect to documents marked classified would implicate grave constitutional separation-of-
powers issues. Beyond that, the primary criminal statute that governs the unauthorized removal
and retention of classified documents or material does not apply to the President. That statute
provides, in pertinent part, as follows:
Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position,
or contract, becomes possessed of documents or materials
containing classified information of the United States, knowingly
removes such documents or materials without authority and with the intent to retain such documents location shall be fined under this title or imprisoned for not more than five years, or both.
materials at an unauthorized
18 U.S.C. § 1924(a). An element of this offense, which the government must prove beyond a reasonable doubt, is that the accused is "an officer, employee, contractor, or consultant of the United States." The President is none of these. See Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477, 497-98 (2010) (citing U.S. Const., Art. I, § 2, cl. 2) (*"The people do not vote for the Officers of the United States."); see also Melcher v. Fed. Open Mkt. Comm., 644 F. Supp.
S10, 518-19 (D.D.C. 1986), affd, 836 F.2d 561 (D.C. Cir. 1987) ("[aln officer of the Unitcd States
can only be appointed by the President, by and with the advice and consent of the Senate, or by a
court of law, or the head of a department. A person who does not derive his position from one of
these sources is not an officer of the United States in the sense of the Constitution."). Thus, the
statute does not apply to acts by a President.
“The president does not need to obtain Congress' or a bureaucrat's permission—or jump through their regulatory or statutory hoops—to declassify anything. The S.C. reaffirmed this in the 1988 case, Department of the Navy v. Egan…”
“Thus, if Trump left the White House with classified records, then those records are necessarily declassified by his very actions…”
https://townhall.com/tipsheet/mattvespa/2022/08/19/oped-impeach-ag-garland-and-fbi-director-wray-over-dojs-maralago-fiasco-n2611977
Witch Hunt
“He (President Trump) has secure facilities…”
“There’s no indication or evidence that these records got into the wrong hands… unlike Hillary Clinton’s home server that was hacked by foreign governments when she was Secretary of State…”
https://youtu.be/etDH-DJcBZw
“Former Intelligence Community Inspector General Charles McCullough III said he’d “be sitting in Leavenworth right now” if he did what Hillary Clinton did. Mr. McCullough said the Obama Administration knew about the classified emails and tried to sabotage the investigation.”
https://youtu.be/WIARMMtUdZQ
https://www.peoplespunditdaily.com/news/politics/2017/11/30/inspector-general-id-sitting-leavenworth-right-now-hillary/
“On Monday evening, former Intelligence Community Inspector General Charles McCullough III told Fox News’ Catherine Herridge that the Clinton campaign warned it would fire him after discovering evidence of “top secret,” emails passing through Hillary Clinton’s private email server.”
https://youtu.be/csZpxstLidI
https://www.thegatewaypundit.com/2017/11/obama-inspector-general-reveals-stunned-james-clapper-led-deep-state-officials-covering-hillarys-email-scandal/
“Prior to the FBI's raid on Trump's estate, a string of whistleblowers had come forward with accusations of political bias against senior FBI officials. The Washington Field Office, which sent the agents to Florida to raid Trump's estate, was facing its own set of allegations.”
“…Wisconsin GOP Sen. Ron Johnson put out a call for FBI whistleblowers to come forward with misconduct concerns…”
https://americasvoice.news/justthenews/more-whistleblowers-come-forward-against-out-control-fbi/
“Establishes in law that any incumbent Presidential records (whether textual or electronic) held on courtesy storage by the Archivist remain in the exclusive legal custody of the President and that any request or order for access to such records must be made to the President, not NARA.”
https://youtu.be/H8LrQ5m55dQ
https://www.archives.gov/presidential-libraries/laws/1978-act.html
“It is important to remember, the presidential records act –the presented pretext for the document conflict– is not a criminal statute. An FBI raid cannot be predicated on a document conflict between the National Archives and a former president.”
https://clintonfoundationtimeline.com/august-11-2022-part-4-what-was-in-the-trump-documents-creating-such-fear-in-doj-and-fbi/
“Experts agreed that the president, as commander-in-chief, is ultimately responsible for classification and declassification. When someone lower in the chain of command handles classification and declassification duties it's because they have been delegated to do so by the president directly, or by an appointee chosen by the president.”
https://www.globalsecurity.org/org/news/2017/170516-president-declassification.htm
“One thing that clearly is wrong is the Biden White House should not be able to waive the executive privilege of President Trump. It would mean that no president could ever speak with confidence without knowing two years from now or three years from now all of it will be revealed by the current president…”
https://www.thegatewaypundit.com/2022/08/alan-dershowitz-clearly-wrong-biden-white-house-not-able-waive-executive-privilege-president-trump-video/
“The entire process of granting, denying or revoking someone’s security clearance is derived from the president’s Article II authority as commander in chief. The president is the ultimate classifier of information and, at least in theory, the ultimate decider on who is granted access to classified information.”
https://www.lawfareblog.com/can-president-revoke-former-officials-security-clearances
Ҥ 2204. Restrictions on access to Presidential records
(a) Prior to the conclusion of a President’s term of office or last consecutive term of office, as the case may be, the President shall specify durations, not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record…”
https://www.archives.gov/about/laws/presidential-records.html
“In the final hours of the Trump presidency, the U.S. Justice Department raised privacy concerns to thwart the release of hundreds of pages of documents that Donald Trump had declassified to expose FBI abuses during the Russia collusion probe, and the agency then defied a subsequent order to release the materials after redactions were made…”
https://redstate.com/mike_miller/2022/07/20/doj-blocked-trumps-declassification-of-russian-collusion-hoax-docs-in-final-hours-of-his-presidency-n598409
It's not surprising that the DOJ refuses to turn over documents that prove that the DOJ, FBI and the CIA have committed crimes against the United States and Trump. It also explains why they have nothing to lose at this point by further victimizing Donald Trump.
Who do we call on to enforce the law when it's being broken by the people who are tasked with enforcing it?
https://www.judicialwatch.org/judicial-watch-sues-doj-to-release-trump-declassified-smoking-gun-documents-from-russia-probe/
“…Jonathan Turley called on the Justice Department to release the affidavit used to obtain the search warrant that prompted the raid on Mar-a-Lago…”
“If the attorney general truly believes the Justice Department will speak through its filings and allow these filings to speak for themselves, they should release that affidavit,”
https://www.shorenewsnetwork.com/2022/08/13/they-should-release-that-affidavit-law-professor-slams-doj-after-seizure-of-documents/
“The official who triggered the federal probe into former President Donald Trump's handling of classified documents opted against doing the same concerning Hillary Clinton's email scandal.”
https://news.yahoo.com/national-archives-official-notified-doj-211729726.html
Hillary didn’t have the authority to declassify ANYTHING.
https://causeofaction.org/wp-content/uploads/2015/07/STATE.NARA-Complaint-and-Exhibits-7-8-2015.pdf
Reinhardt recused himself:
Filing 29 Case reassigned to Magistrate Judge Bruce E. Reinhart as Paired Magistrate Judge for all further proceedings. Signed by Magistrate Judge Ryon M. McCabe on 4/6/2022.
Filing 186 ORDER OF RECUSAL. Magistrate Judge Bruce E. Reinhart recused. Case reassigned to Magistrate Judge William Matthewman for all further proceedings. Signed by Magistrate Judge Bruce E. Reinhart on 6/22/2022.
https://dockets.justia.com/docket/florida/flsdce/2:2022cv14102/610157
“Prior to becoming a judge in 2018, Reinhart spent 12 years as an Assistant United States Attorney for the Southern District of Florida, the office tasked with investigating the pedophile Jeffrey Epstein for sex trafficking in 2005.”
https://freebeacon.com/politics/bruce-reinhart-jeffrey-epstein-trump/
The same people who ran multiple, illegal, treasonous counter intelligence operations against Donald Trump are the SAME people who raided his home. This is just the latest taxpayer funded CRIME being committed by the FBI and the DOJ. There should be serious and IMMEDIATE intervention to hold these grotesque traitors responsible for their actions against Trump and the United States.
https://rumble.com/embed/v1eh9cr/?pub=4
“Was the Federal Bureau of Investigation justified in searching Donald Trump’s residence at Mar-a-Lago? The judge who issued the warrant for Mar-a-Lago has signaled that he is likely to release a redacted version of the affidavit supporting it. But the warrant itself suggests the answer is likely no—the FBI had no legally valid cause for the raid.”
http://davidbrivkin.com/the-trump-warrant-had-no-legal-basis/
“…the government is opposing even modest disclosures from the court while it has steadily leaked details to its own advantage. It undermines the credibility of the government and raises questions of the motivations behind the absolute secrecy claims.”
https://rumble.com/embed/v1er45b/?pub=4
https://jonathanturley.org/2022/08/23/litigation-by-leak-government-officials-leak-new-details-on-the-mar-a-lago-raid-while-continuing-to-oppose-disclosures-in-court/
What constitutes a valid search warrant?
“A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state specifically the place to be searched and the items to be seized.”
https://www.justia.com/criminal/docs/search-seizure-faq/
"An exchange [redacted] discussing US presidential candidate Hillary Clinton’s approval of a plan concerning US presidential candidate Donald Trump and Russian hackers hampering US elections as a means of distracting the public from her use of a private email server."
https://justthenews.com/government/us-intel-declassify-more-evidence-showing-why-fbi-russia-probe-was-broken-start
“The memo informed Comey and Strzok of "an exchange...discussing U.S. presidential candidate Hillary Clinton's approval of a plan concerning U.S. presidential candidate Donald Trump and Russian hackers hampering U.S. elections as a means of distracting the public from her use of a private email server."
https://www.theblaze.com/news/breaking-trump-authorizes-declassification-of-all-documents-related-to-russia-hoax-without-redactions
“…Susan Rice and Peter Strzok, who was working for both Mr. Brennan in the CIA and the FBI on the quote ‘counterintelligence investigation’. We have to go back to at least August 15, of 2016 when Strzok and Page text each other about the insurance policy they discussed in McCabe’s office.
https://www.thegatewaypundit.com/2022/08/breaking-exclusive-trump-gotem-huge-concerns-peter-strzok-working-cia-likely-heart-mar-lago-raid/
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