Trump and the Espionage Act
This week’s MSDNCNN attempt to imprison Trump will likely be decided on the legal question of what a president is required to do to declassify a document.
Most drooling over the prospect of putting Trump behind bars will concede that a president had broad declassification authority but is required to go through a procedure to do so.
But in fact, a sitting president isn’t required to do much of anything to declassify a document. There’s no form he’s required to fill out. He doesn’t need to put in a request with Chuck Schumer or Nancy Pelosi then wait two weeks for their permission. He doesn’t need to record his decision in some sort of ledger.
To declassify a document, a president must decide that a document is declassified and . . . well, that’s pretty much it.
The left knows this became this issue has come up in the past under several administrations. has been brought before the Supreme Court, and has been commented upon by numerous law professors. The conclusion is always that the president has the authority to “classify and declassify at will.”
There may be exceptions such as if the document was our nuclear code but none of the exceptions seem applicable here.
So, one wonders why so many on the left are celebrating Trump’s imprisonment when they know he will be exonerated, just as they knew he would be with the Russian hoax?