It doesn’t mention classification because it predates it. It attempts the same thing, but in a vague manner. Classification isn’t simply administrative. Serious penalties apply to violating classification laws, although in the case of Clinton they were not applied.

Also, Trump apparently defied a subpoena.

Maybe or maybe not, but it’s meaningless. No penalty attaches to that.

How would we know he didn’t tell anyone? Yes, there is always the possibility no one would be held to account, you can’t make a system that eliminates that possibility. In our system the power within the executive branch rests with the president, and hence presidents have the power to do much damage, as Biden is now doing and Obama previously did.

Trump isn’t president.

Whether classified or not, if the information is relating to the national defense and the disclosure of which would damage national security, then it is protected by law. Citizen Trump is bound by the law like any other citizen.

Trump was president when he obtained these documents and presumably declassified them (prove he didn’t). That’s sufficient to make them declassified. That’s all he needs. The Espionage Act doesn’t mention classification because the classification system came later. The classification system is simply a more practical implementation of the intention of the Espionage Act, which appears unconstitutional in its vagueness. But the constitutional logic applies to both, and the Espionage Act can’t constrain the power of POTUS.

The courts have held that classification is an administrative function. There’s nothing constraining the president from changing the procedure. However, if the president declassifies something, but doesn’t tell anyone, then classification becomes meaningless, because no one would know what is or is not classified. No one could ever be held to account, and everything would be subject to public disclosure through the Freedom of Information Act.

Don: Congress can’t limit POTUS constitutionally derived authority.

Trump isn’t president.

Whether classified or not, if the information is relating to the national defense and the disclosure of which would damage national security, then it is protected by law. Citizen Trump is bound by the law like any other citizen.

neo: No, that act does not apply to declassification by a president or actually any action by a president.

If you mean the Espionage Act, it has nothing to do with classification, which is an administrative function.

Also, Trump apparently defied a subpoena.

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We’ll let you have the last word, but please reread our original comment which details what is required under the law.

The non-classified documents and other items are still to be reviewed by the Special Master, as far as I can tell.

No, that act does not apply to declassification by a president or actually any action by a president. Congress cannot do that, nor does the act in question even explicitly try to do that. Only a Constitutional amendment could do it or perhaps a SCOTUS interpretation of the president’s powers under the Constitution.

An EO can’t restrict the power of POTUS. It’s just a direction to those under him in the executive branch.

The Espionage Act does not hinge on classification. To prove a violation of the Espionage Act requires showing the information is, in fact, relating to the national defense; and that the person so charged knows that the information is relating to the national defense. The classification markings can be used as evidence of willfulness, but classification markings are neither sufficient nor required for conviction. See 18 U.S.C. §§ 793.

Congress can’t limit POTUS constitutionally derived authority. So that means an “Act” doesn’t apply to him (and that means 18 U.S.C. §§ 2071 also). Note, classification isn’t specifically mentioned in the Constitution. It’s simply derived from POTUS power as head of the executive branch, and this applies to things covered in the Espionage Act just as it applies to classification.

Zachriel seems to have soaked up the media lawyer arguments, but doesn’t grasp the fundamentals of the Constitution.

It doesn’t actually matter with regards to the statutes involved, but is of interest with regards to the investigation concerning risks to the national security interests of the United States.

NewNeo: Can he prove it? Does he need to do so?

No. As the court pointed out, declassification still means they are government records, not Trump’s personal property.

NewNeo: they want to see evidence of a protocol that has never been codified or set down.

That is incorrect. See Executive Order #13526. There’s always a procedure. It’s the government.

It’s important to keep in mind that classification is an adminstrative procedure. Classification tells government employees what documents are relating to the national defense. Unintentional mishandling of classified information can result in administrative punishment.

The Espionage Act does not hinge on classification. To prove a violation of the Espionage Act requires showing the information is, in fact, relating to the national defense; and that the person so charged knows that the information is relating to the national defense. The classification markings can be used as evidence of willfulness, but classification markings are neither sufficient nor required for conviction. See 18 U.S.C. §§ 793.

Trump was subpoenaed for “any and all” documents marked classified. Trump’s lawyer certified that they had surrendered all such documents. That certification was false. Documents marked classified were found in a known place with clear markings including Trump’s desk with his passport, and constitutes strong evidence of obstruction. See 18 U.S.C. §§ 1519.

Finally, documents produced by government employees remain government property, including documents marked classified, even if Trump had declassified the documents *in his mind*. All government documents should have been surrendered to the National Archives when Trump left office. See 18 U.S.C. §§ 2071.