Rigby5
Diamond Member
- Apr 23, 2017
- 31,996
- 10,784
They apply to all persons in the united states.
What became law was S. 139... which extended Section 702 for another five years.
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 or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
With Trump’s signing S. 139 into law, that became: “ … shall be fined under this title or imprisoned for not more than five years, or both.” And with that, it became a felony.
Wrong.
Presidents, including ex-presidents, are the highest authority over classified documents, so then can do whatever they want with them.
If a president or ex-president wants to give Moscow all our nuclear secrets for example, it would not be a violation of any security act.
You would instead have to look for a law the president did not have binding authority over, like treason or something above the president.
Remember that if a document can be classified by someone, it can then also be declassified by someone.
The president gets total discretion, and that include ex-presidents as well.
The only laws that apply would be something intrinsic, like treason, not something arbitrary, like classification.