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Friday, 11/25/2022 4:05:09 PM

Friday, November 25, 2022 4:05:09 PM

Post# of 172
That’s Declassified. (11.25.22)

(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 United 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…”

“The President, after all, is the ‘Commander in Chief of the Army and Navy of the United States.’ U.S. Const., Art. II, 2. His 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.”

“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.”

January 19, 2021
“I hereby declassify the remaining materials in the binder.  This is my final determination under the declassification review and I have directed the Attorney General to implement the redactions proposed in the FBI’s January 17 submission and return to the White House an appropriately redacted copy.”

“They weaponized and politicized law enforcement repeatedly to get Trump, this was an unnecessary, unprecedented, unlawful home raid on a former President in which the whole legal basis for the raid has been blown apart”

“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.”

“The statute assigns the Archivist NO ROLE with respect to personal records once the Presidency concludes.”

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 criminal traitors responsible for their actions against Trump and the United States.

“Famed attorney Alan Dershowitz weighed in on the reported FBI raid on former President Trump’s Florida home at Mar-A-Lago on Monday and slammed the Biden administration for weaponizing the justice system.”

“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…”

“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.”

“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.”

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…”

“Attorney General Merrick Garland’s Department of Justice finally admitted in a Monday court filing that FBI agents seized “potentially contain[ing] attorney-client privileged information” in the raid on former President Donald Trump’s Mar-a-Lago home.”

“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…”

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?

“…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,”

Former Director of National Intelligence John Ratcliffe was on with Maria Bartiromo on Sunday Morning Futures and he confirmed what many are thinking – the FBI classified documents as “Top Secret” not because they were, but because they wanted to cover up their crimes in attempting a coup of the Trump Administration.

“…the @USGSA, not Trump or anyone working for him in the White House, packed the boxes that the FBI took in Monday’s raid.”

The Mar-a-Lago storage facility met GSA standards for EVEN classified documents:

“Safeguarding Classified Information.” Section 5-302, TOP SECRET Storage says, “TOP SECRET material shall be stored in a GSA-approved security container, an approved vault, or an approved closed area with supplemental controls.”

The FBI also approved security at
Mar-a-Lago storage facility.

“In early June, the DOJ and FBI asked my legal representatives to put an extra lock on the door leading to the place where boxes were stored in Mar-a-Lago – We agreed.”

“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.”

Hillary didn’t have the authority to declassify ANYTHING.

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.

“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.”

“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.”

“…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.”

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.”

"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."

“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."

“…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.

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…”

“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.”

“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.”

“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…”

“Tim Thibault — FBI Washington Field Office Assistant Special Agent in Charge — was escorted from bureau premises on Friday (we covered the story here). According to Ben Whedon of JTN, the reported removal of Thibault comes “amid whistleblower allegations that he showed political bias in his handling of politically sensitive investigations.”

“Bobulinski gave the FBI the contents of three cellphones containing encrypted messages between Hunter and his business partners, along with emails and financial documents detailing the Biden family’s corrupt influence-peddling operation in foreign countries during Joe’s vice presidency. But his evidence appears to have fallen into the same black hole at the FBI as Hunter’s laptop, never to be seen again.”

“Facebook boss Mark Zuckerberg inadvertently revealed that the FBI had been more explicit than previously known in its private warning about Russian disinformation shortly before The Post published the Hunter Biden laptop story, which the social media company suppressed before the 2020 election.”

“We know Obama kept classified documents when he left the White House because the NSC wouldn’t fulfill a request to turn over Susan Rice’s unmasking documents that were moved to Obama’s library.”

“The fact that they could not be easily obtained indicates they were classified.”

“We also know that Obama refused to keep hard copies in his library – everything was to be digitized.  Also, no archivists were there to oversee the digitization of Obama’s documents while he was President.  So there is no way to tell whether Obama didn’t have classified documents in the materials he took with him after his corrupt presidency.”

“We also know that at that time The New York Times reported that the National Archives is not overseeing Obama’s library.  The Times published the following:

“And the entire complex, including the museum chronicling Mr. Obama’s presidency, will be run by the foundation, a private nonprofit entity, rather than by the National Archives and Records Administration, the federal agency that administers the libraries and museums for all presidents going back to Herbert Hoover.”

“Almost all the media coverage of this controversy has ignored or downplayed the dismal failure of the Presidential Records Act to reveal presidents’ records. A Washington Post analysis of the dispute on the 30 million pages conceded, “As with many issues of government transparency and document-sharing, it’s true that this is not great! You often have to wait years for requested documents, and this appears to be no exception.”

“But journalists should be outraged by this perpetual stonewalling. Barack and Michelle Obama collected a $65 million advance for their memoirs, but Americans are still effectively prohibited from seeing his official records.”

“…the media hid information about the frequent unmasking of Donald Trump allies, including Gen. Flynn, by Susan Rice. By the end of the year, all her records were hidden and unreachable in the Obama Presidential Library.”

“Documents from the Obama administration have been transferred to the Obama Presidential Library.  You may send your request to the Obama Library.  However, you should be aware that under the Presidential Records Act, Presidential records remain closed to the public for five years after an administration has left office.’

Sec. 1.7.  Classification Prohibitions and Limitations.  
(a)  In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to:
(1)  conceal violations of law, inefficiency, or administrative error;

(2)  prevent embarrassment to a person, organization, or agency;