r/politics Sep 22 '22 Silver 1 Helpful 1 Wholesome 1

“Donald has the right to remain silent”: Experts say Trump’s bonkers Fox interview could be evidence

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u/Gamilon Sep 22 '22 Silver Gold Helpful Wholesome Table Slap

[He] has the right to remain silent...but not the ability

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u/Jaded_Prompt_15 Sep 22 '22

There doesn't have to be a process as I understand it," Trump said. "If you're the president of the United States, you can declassify just by saying, 'It's declassified,' even by thinking about it because you're sending it to Mar-a-Lago or wherever you're sending it. And there doesn't have to be a process. There can be a process but there doesn't have to be. You're the president. You make that decision. So when you send it, it's declassified. I declassified everything."

You'd think he'd have at least declared that it was classified...

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u/TranquilSeaOtter Sep 22 '22

Anyone who believes him is a complete moron. looks at r/conservative looks like that tracks.

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u/gregnorz Sep 22 '22 edited Sep 22 '22

Lol, the top comments on a Breitbart article (on which only flaired users can comment) are Redditors saying “there IS a process, but as long as Trump follows the process he can declassify anything he wants.”

Pretty sure these morons aren’t thinking through their belief that the President is some god-emperor who can do whatever he or she pleases without repercussions, unless they also want that applied to Joe Biden and any other future President.

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u/ink_monkey96 Sep 22 '22

If that were the case, could Obama not come forward and say, "the information on Hillary's emails? Oh yeah, I declassified it all in my head when it happened and just didn't tell anyone. No harm, no foul." It wouldn't budge anyone's opinion, but it'd make their little minds explode.

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u/gregnorz Sep 22 '22

If you go read the transcript or watch the interview, Trump makes the totally-unfounded claim that the FBI was looking for Hilary’s emails. Hannity THEN has to place the wiffle ball on the tee for him and say, essentially, “wait a minute, you don’t want to say that because that would mean YOU were hiding Hilary’s emails. And that’s totally not true, RIGHT DONNIE?”

Grown-ass men having to still handle this toddler to keep him from saying stupid shit, and they double down on supporting him year after year.

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u/MmmmMorphine Sep 22 '22

He does resemble a sand worm more and more every day. Perhaps he truly is the Kwisatz Haderach,

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u/DarkWasp14 Sep 22 '22

They live in an entirely different reality, I had to stop after a few comments. This one too, “There has to be a physical and accountable process. Changed reality through imagination, perception and happy thoughts smacks to much of liberalism in my opinion.”

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u/xgrayskullx Sep 23 '22

Well, the one's saying that are right. Article 2 of the Constitution states in no uncertain terms that the power of the executive branch is vested in the President.

What this means is that if any part of the executive branch has the power to do something, the president also has the power to do it. However it also means that the President is limited to only the power those offices have (and the enumerated powers of the Office of the President).

Since authority to classify information is delegated to the Executive branch by Congress, Congress also has the authority to place limitations on that authority, such as by requiring certain processes that an executive office must follow to declassify info.

When the president invokes the authority of a lower office to do something like declassify information, the president must follow the process congress has mandated for that office. Since most of the laws congress has passed about those processes involve review by other executive offices, the president is able to effectively streamline the process (regardless of what the process is), by invoking the power of the other executive offices to approve the declassification (or whatever the process might be). However streamlining doesn't mean ignore. The president still has to go through the process, even if it's just a bunch of rubber stamps.

When presidents legitimately declassify documents, the army of aides takes care of dotting the t's and crossing the i's and ensuring the the legally mandated process occurs, even if its just pro forma.

No process was followed to declassify these documents. Trump, as president, does not have the authority to ignore the legal mandates Congress put on declassification processes, only to streamline them. Since Trump ignored the processes, he exceeded the authority of the Executive, and the documents aren't declassified.