Yes, the president can declassify documents
Yes, the president can declassify documents, and there isn’t a set protocol they have to follow
Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by:
(1) the President and the Vice President;
https://www.wzzm13.com/video/news/verify/government-verify/a-president-can-declassify-documents-but-there-isnt-a-set-protocol/536-dc058d3f-c4e8-48ce-a418-64e449bb8f42
Documents spread out on floor at Mar-a-Lago 2A photo by FBI xxx
Former President Trump claimed documents found at Mar-a-Lago were “all declassified.” We explain why sitting presidents can declassify documents and how it works.
Yes, the president can declassify documents, but there isn’t a set protocol they have to follow
Former President Trump claimed documents found at Mar-a-Lago were “all declassified.” We explain why sitting presidents can declassify documents and how it works.
Author: Megan Loe
FBI agents took 11 sets of classified records from former President Donald Trump’s Mar-a-Lago estate during a search on Aug. 8, court records revealed.
In a post on Truth Social, his social media platform, Trump later claimed that the documents were “all declassified.” Kash Patel, who served as chief of staff for the acting defense secretary during the Trump administration, also claimed that Trump had declassified the documents.
While it still may not be legal for Trump to possess declassified documents from his presidency, many VERIFY readers, including Beverly and Carole, asked whether the president can declassify documents while in office.
THE QUESTION
Can the president declassify documents?
THE SOURCES
Kel McClanahan, executive director of the National Security Counselors, a nonprofit public interest law firm
Richard Immerman, Edward J. Buthusiem Family Distinguished Faculty Fellow in History at Temple University
THE ANSWER
Yes, the president can declassify documents, but there isn’t a set protocol they have to follow
Former President Trump claimed documents found at Mar-a-Lago were “all declassified.” We explain why sitting presidents can declassify documents and how it works.
Author: Megan Loe
Published: 3:05 PM EDT August 18, 2022
Updated: 6:24 PM EDT August 23, 2022
FBI agents took 11 sets of classified records from former President Donald Trump’s Mar-a-Lago estate during a search on Aug. 8, court records revealed.
In a post on Truth Social, his social media platform, Trump later claimed that the documents were “all declassified.” Kash Patel, who served as chief of staff for the acting defense secretary during the Trump administration, also claimed that Trump had declassified the documents.
While it still may not be legal for Trump to possess declassified documents from his presidency, many VERIFY readers, including Beverly and Carole, asked whether the president can declassify documents while in office.
THE QUESTION
Can the president declassify documents?
THE SOURCES
Kel McClanahan, executive director of the National Security Counselors, a nonprofit public interest law firm
Richard Immerman, Edward J. Buthusiem Family Distinguished Faculty Fellow in History at Temple University
THE ANSWER
Yes, the president can declassify documents while in office,and there isn’t a set protocol they have to follow.
If Biden were to reclassify the documents declassified by Trump, it would have no legal standing against Trump who still holds the documents as declassified. This is because of the docrinine of Ex-Post-Facto. , any law passed after the fact has no bearing on a former act. Latin for "from a thing done afterward."
GSA – U.S General Services Administration
Presidential Transition
“The Congress declares it to be the purpose of this Act to promote the orderly transfer of the executive power in connection with the expiration of the term of office of the President and the inauguration of a new President.”
The transfer of power from one administration to the next marks a significant moment in U.S. history. The Presidential Transition Acts of 1963 and 2015 give the General Services Administration (GSA) a prominent role in this process. They authorize the Administrator of GSA to provide the President-elect and the Vice-President-elect the services and facilities needed to assume their official duties.
Presidential Records
Presidential records are defined as "documentary materials, or any reasonably segregable portion thereof, created or received by the President, his immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory or other official or ceremonial duties of the President…" (44 U.S.C. 2201(2).) These records can be in a variety of formats, including paper documents, photographs, motion picture film, tape recordings and electronic records. Presidential records are governed by the Presidential Records Act and are not subject to the Federal Records Act.
Federal Records
The National Archives and Records Management Administration (NARA) guide, Documenting Your Public Service, provides high-level Government officials with basic information to enable them to distinguish Federal records from other documentary materials, including personal files.
Agencies with Special Responsibilities
Some agencies have special responsibilities when it comes to preparing for and supporting a Presidential Transition and/or Presidential Inaugural.
General Services Administration
Department of Defense (DoD)
Executive Branch Resources
The information provided here is from the latest edition of the U.S. Government Manual. Since its last publication, the incumbents of some positions may have changed. For the most current information, we recommend that you go to the agency's website.
Presidential Inauguration Support
GSA’s Inaugural Support Team, provides a full suite of services to the Presidential Inaugural Committee (PIC), the Armed Forces Inaugural Committee (AFIC) and other governmental entities.
https://www.gsa.gov/governmentwide-initiatives/presidential-transition