Did Trump lose his security clearance when Biden became president?

[Cougarbear]

Nope.

You seem sure. Why? What is your proof?

 

[Lesh]

You seem sure. Why? What is your proof?

That’s just the way it is. Where do you find that they HAVE a security clearance for life?

 

[berg80]

Yes, it is. That's why this goes nowhere.

Wrong.

Does Classification Even Matter?

All that said, there is an even more fundamental reason why Trump’s claims of declassification are likely to fall short as a legal defense. While there are criminal statutes that hinge on classification, they aren’t among the criminal offenses that the FBI included on the search warrant. To the contrary, all three of the criminal provisions that the FBI did list can be—and two routinely are—applied to misconduct that has absolutely nothing to do with classified information, making it unclear whether Trump’s claims of declassification would make any difference even if true.

The first provision listed, 18 U.S.C. § 1519, is an obstruction of justice provision that makes it a crime to knowingly alter, conceal, destroy, or falsify “any record, document, or tangible object[,]” so long as it’s done with the intent to impede or influence a federal investigation or other process. It’s unclear whether the Justice Department included § 1519 on the search warrant because it believes records held at Mar-a-Lago have been concealed or manipulated in violation of § 1519, or because members of Trump’s team may have generated false records as part of the extended negotiations over the retrieval of those records (such as the inventory that one or more of Trump’s lawyers reportedly signed in June 2022 asserting, incorrectly, that all classified documents had been turned over). Either way, whether the records held at Mar-a-Lago are classified or not is irrelevant, as the Justice Department routinely brings successful § 1519 charges in relation to records that are entirely unclassified, such as police reports and records of maritime waste disposal.

Does It Matter What (If Anything) Trump Declassified?

No, not really.

www.lawfareblog.com

 

[MarcATL]

Previous Presidents cannot have access to everything.

Logic dictates, some, limited things, but certainly not everything.

Not even close.

 

[Synthaholic]

Did Trump lose his security clearance when Biden became president?​

Yes, the second Trump was no longer President, and America was saved.

 

[okfine]

Yes. And?

All over the place.

 

[Cougarbear]

That’s just the way it is. Where do you find that they HAVE a security clearance for life?

I didn't say that. I said that while a President is still President, when he removes classified material from the White House, it becomes declassified. Trump didn't have to wave a magic wand over the boxes and say "I declassify you." This is another Democrat debacle and Garland and Rey need to be in prison.

 

[Cougarbear]

Wrong.

Does Classification Even Matter?

All that said, there is an even more fundamental reason why Trump’s claims of declassification are likely to fall short as a legal defense. While there are criminal statutes that hinge on classification, they aren’t among the criminal offenses that the FBI included on the search warrant. To the contrary, all three of the criminal provisions that the FBI did list can be—and two routinely are—applied to misconduct that has absolutely nothing to do with classified information, making it unclear whether Trump’s claims of declassification would make any difference even if true.

The first provision listed, 18 U.S.C. § 1519, is an obstruction of justice provision that makes it a crime to knowingly alter, conceal, destroy, or falsify “any record, document, or tangible object[,]” so long as it’s done with the intent to impede or influence a federal investigation or other process. It’s unclear whether the Justice Department included § 1519 on the search warrant because it believes records held at Mar-a-Lago have been concealed or manipulated in violation of § 1519, or because members of Trump’s team may have generated false records as part of the extended negotiations over the retrieval of those records (such as the inventory that one or more of Trump’s lawyers reportedly signed in June 2022 asserting, incorrectly, that all classified documents had been turned over). Either way, whether the records held at Mar-a-Lago are classified or not is irrelevant, as the Justice Department routinely brings successful § 1519 charges in relation to records that are entirely unclassified, such as police reports and records of maritime waste disposal.

Does It Matter What (If Anything) Trump Declassified?

No, not really.

www.lawfareblog.com

Here goes Russia Gate 2. Democrats that have done this and continue to do this (Garland and Rey) need to go to prison in order to stop this sort of stuff from happening again. We know that the entire raid was about classified documents. And, tomorrow, it will be all over and Garland and Rey should immediately resign and be held for prosecution.

 

[Lesh]

I said that while a President is still President, when he removes classified material from the White House, it becomes declassified.

Trump didn't have to wave a magic wand over the boxes and say "I declassify you."

You just said...and unsaid that

And it's false

 

[Cougarbear]

You just said...and unsaid that

And it's false

Huh? You are making no sense. I said and unsaid what? I said the first time that a President does not have to take any formal method of declassification of anything. And, that by simply removing the boxes of classified materials declassifies them on the spot.

 

[Coyote]

That was after Biden took office. The materials in question were taken out before Trump left office and Biden was sworn in. The mere removal from the White House is a legal act of declassification. This is a nothing burger, again. Pathetic Democrats...

What law states that?

 

[Cougarbear]

What law states that?

Ignorance is bliss. The only person that can declassify documents is the President of the United States. He doesn't have to ask Congress or anyone else. He doesn't have to say it out loud. so, there is nothing Garland or anyone else can do. They broke the law by raiding Trump's residence and will pay for it in court.

 

[Lesh]

I said and unsaid what? I said the first time that a President does not have to take any formal method of declassification of anything. And, that by simply removing the boxes of classified materials declassifies them on the spot.

So by removing docs he waves a magic wand and that declassifies them...but it's not actually waving a magic wand.

Twisted nonsense

 

[Coyote]

Ignorance is bliss. The only person that can declassify documents is the President of the United States. He doesn't have to ask Congress or anyone else. He doesn't have to say it out loud. so, there is nothing Garland or anyone else can do. They broke the law by raiding Trump's residence and will pay for it in court.

Where does it say the act of taking documents out of the White House “declassifies” them?

 

[Cougarbear]

Where does it say the act of taking documents out of the White House “declassifies” them?

I know logic and reason has left the Democrat liberal building. Here's the point. The President doesn't have to tell anyone he's declassified documents. Does that help you?

 

[Lesh]

Where does it say the act of taking documents out of the White House “declassifies” them?

That's an absurd claim

 

[Lesh]

The President doesn't have to tell anyone he's declassified documents.

Really?

He can just THINK it?

What horse shit

 

[Cougarbear]

Really?

He can just THINK it?

What horse shit

That is correct. Like it or not, that is the law. Only the President can declassify documents. He doesn't have to ask anyone. So, live with it.

 

[Missourian]

Where does it say the act of taking documents out of the White House “declassifies” them?

In the article below is an accurate assessment of the president's declassification powers...

Do presidents have 'the ability to declassify anything'?

The blockbuster article in The Washington Post saying President Donald Trump had "revealed highly classified information

www.politifact.com

All power to both classify and declassify flows from the office of the president and nowhere else.

 

[Cougarbear]

Really?

He can just THINK it?

What horse shit

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.

www.verifythis.com

Hope this helps. No formal protocol for even top secret documents. Now, eat horse S&#%