Minute commander5/6/2023 That’s just not the same thing as what Sen. Instead, Vladeck said, Trump "took it upon himself to authorize officials from a foreign government to receive classified national security information that was itself derived from a different foreign government’s intelligence gathering. The nature of the system is that the president gets to disclose what he wants." The national-security experts at the blog Lawfare wrote in the wake of the Post’s revelation that the "infamous comment" by President Richard Nixon - that "when the president does it, that means that it is not illegal" - "is actually true about some things. The current version of the order was issued by President Barack Obama in 2009. Indeed, the controlling executive order has been rewritten by multiple presidents. The president is not "obliged to follow any procedures other than those that he himself has prescribed," Aftergood said. But even these executive orders aren’t necessarily binding on the president. The official documents governing classification and declassification stem from executive orders. Turner, associate director of the University of Virginia's Center for National Security Law, said that "if Congress were to enact a statute seeking to limit the president’s authority to classify or declassify national security information, or to prohibit him from sharing certain kinds of information with Russia, it would raise serious separation of powers constitutional issues." Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy, said that such authority gives the president the authority to "classify and declassify at will." flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant." "His authority to classify and control access to information bearing on national security. "The President, after all, is the ‘Commander in Chief of the Army and Navy of the United States’" according to Article II of the Constitution, the court’s majority wrote. Egan - which addressed the legal recourse of a Navy employee who had been denied a security clearance - addresses this line of authority. The majority ruling in the 1988 Supreme Court case Department of Navy vs. When people lower in the chain of command handle classification and declassification duties - which is usually how it’s done - it’s because they have been delegated to do so by the president directly, or by an appointee chosen by the president. The president’s classification and declassification powers are broadĮxperts agreed that the president, as commander in chief, is ultimately responsible for classification and declassification.
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