His is going down a really destructive path. Weird to be challenging the DOJ with threats of violence. “Whatever we can do to help — because the temperature has to be brought down in the country,” Trump told Fox News. “If it isn’t, terrible things are going to happen.” https://thehill.com/policy/national-security/3602546-trump-says-temperature-has-to-be-brought-down-after-mar-a-lago-search/amp/
Correct. This is an outdated version, but the majority of the information in the "DoD Guide to Marking Classified Documents" is unchanged from this today. I'm betting he's banking on the "X7" declassify or some variation of it.
Based on that document, it looks like X7 is an exception to the rule that a classified document should only remain classified for 10 years. It's not a method of declassifying, but of keeping something classified.
That's why I said "some variation on it". I honestly don't know enough about it at the insider level. My experience with classified material is fairly well focused on what I've dealt with over the course of my career which was more maintaining and keeping documentation (or ensuring that no instances of classification by combination occur) as opposed to when and how to declassify it. EDIT: Typically though, classified documentation is explicitly marked with a "Declassify on" field to call out those exceptions to automatic declassification. And the 10 years isn't a hard rule, it's dependent on the level. Nat'l Security info is typically 25 years.
If the DOJ backs down, they need a credible out. I have no idea what the out could look like. It would have to be essentially a lack of evidence and they drop the whole thing. If the DOJ says, not so fast and brings charges, Trump is ready to fire his followers in canons like fodder. Trump will say he can’t control it. I think Garland is going for the jugular. This is going to go on simultaneously with a new GOP controlled house calling for Garland to investigate Hunter Biden and Joe Biden. The next 2 years are going to be insane.
Their credible out is that the most secret of secrets here could be forced to be exposed in open court if there are trials.
Since we don't know the motivation for the search warrant, we don't know if an out is necessary. The DOJ may have accomplished their goal of recovering classified and presidential documents. An indictment for a crime is not a given. So be it. Application of the law without fear or favor has its own return. They can call for Garland to investigate but I don't think they have authority to chose his priorities. Agreed!
These prosecutions have happened before. I was actually wondering how they manage that. Surely they don’t just make the documents part of the public record for all to see (defeating the entire purpose). My guess is they have experts that have security clearances review the docs and testify to their nature, perhaps allow the jury to see them in a secured room (no phones/devices) but not actually handle them… but even that seems a stretch.
I’ll take your word for it. But if it is super secret, that seems to imply a crime. Oh well, if only Joseph Heller was alive to write Catch 23.
My guess is that's how it would play out. Just stipulate to the jury trump stole x documents classified as TS, SAP, SCI etc. The actual document contents should be immaterial to the actual crime. The jury doesn't need to see the cash to try a bank robber.
If you don't want law enforcement to take things they have warrants for, you just put your passports in the pile and now they can't touch the stuff they came for. Brilliant!