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He Can Declassify… But Why?

Discussion in 'Too Hot for Swamp Gas' started by murphree_hall, Aug 28, 2022.

  1. murphree_hall

    murphree_hall VIP Member

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    We have all heard the argument in defense of President Trump that he declassified all the documents, or that he has the power to declassify anything he wants to. But why is it that this defense never asks the question of “why?” … or “Is it wise to declassify the information?”

    Let’s just say he did wave his hand and magically declassify the documents. For what reason would he do this? The lack of following proper declassification procedures aside, there is no benefit to the USA to declassify the information.

    I’m curious to hear from my conservative friends here as well… does this not concern you? The answer should not be in the vein of, “because he can.” Like why do you legit think it’s ok to just declassify highly sensitive information on a whim?

    He didn’t declassify it, though. :)
     
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  2. murphree_hall

    murphree_hall VIP Member

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    The question you should ask yourselves is what changed from one day to the next to deem the information unclassified? Typically, there is some compelling reason to declassify, and the documents would be heavily redacted to protect sources and methods. Similar to how the affidavit to search Trump’s residence was redacted. You wouldn’t just wholesale declassify a whole batch of documents without review, because essentially you are declassifying a whole genre and trail of information that was classified based upon the original documents.
     
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  3. danmanne65

    danmanne65 GC Hall of Fame

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    It’s also a stupid defense. He took stuff that belonged to the office of the president not to him. It was still illegal whether the docs were classified or not.
     
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  4. WarDamnGator

    WarDamnGator GC Hall of Fame

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    Because he's lazy, didn't want to follow protocol, didn't care if it hurt America, thinks everything he touches is "his", and wanted to be able work from Mar a Lago where he was comfortable and surrounded by ass kissers ... plus, he was billing the US government for everything from rooms for all his staff and security, to drinking binges he friends went on at his bars.`Probably was billing the US government for storing the boxes.
     
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  5. Trickster

    Trickster VIP Member

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    Good question. I can't think of any reason, much less a good one, nor has anyone provided an answer.
     
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  6. VAg8r1

    VAg8r1 GC Hall of Fame

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    Fortunately for national security Trump didn't actually declassify the documents since it appears that he didn't follow the appropriate declassification procedures. What is really scary is that if Trump had in fact declassified every one of the documents in his possession at Mar-a-Lago the most sensitive documents involving national security including those dealing human intelligence or signals intelligence could have been obtained through FOIA requests by anyone who wanted them including the Russians, the Chinese or the leadership of virtually any terrorist organization.
     
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  7. phatGator

    phatGator GC Hall of Fame

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    FOIA request are not automatically granted. There are nine exemptions under which the government does not have to provide the information:

    Exemption One: Classified national defense and foreign relations information.
    Exemption Two: Internal agency personnel rules and practices.
    Exemption Three: Information that is prohibited from disclosure by another federal law.
    Exemption Four: Trade secrets and commercial or financial information obtained from a person that is privileged or confidential.
    Exemption Five: Inter-agency or intra-agency memoranda or letters that are protected by legal privileges.
    Exemption Six: Personnel, medical, financial, and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
    Exemption Seven: Certain types of information compiled for law enforcement purposes.
    Exemption Eight: Records that are contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions.
    Exemption Nine: Geological and geophysical information and data, including maps, concerning wells.

    FOIA Exemptions and Exclusions | FinCEN.gov

    I think ITAR and export controls would prevent release of national defense or security information (exemption 3). Exemptions 2, 3, 5,and 6 would stop a lot.

    This is not meant to be a defense of Trump’s actions. It is meant to allay some of your concerns.
     
    Last edited: Aug 28, 2022
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  8. WarDamnGator

    WarDamnGator GC Hall of Fame

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    Good post ... #3 might cover some cover docs since #1 would no longer apply. What are the laws on national defense documents? Do they say "national defense documents can not be disclosed" or do they say "classified national defense documents can not be disclosed"?
     
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  9. VAg8r1

    VAg8r1 GC Hall of Fame

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    If Trump had declassified the documents, Exemption One wouldn't apply.
     
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  10. vaxcardinal

    vaxcardinal GC Hall of Fame

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    There would still be a review that would result in the documents not being released
     
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  11. phatGator

    phatGator GC Hall of Fame

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    I dealt with technology exports and so focused on the Commerce Control List (CCL) of the Commerce Department’s Bureau of Industry and Security (BIS), and the State Department’s requirements under the Arms Export Control Act (AECA), the International Traffic in Arms Regulations (ITAR), and the United States Munitions List (USML).

    The CCL puts covered items into 10 broad categories:
    • Nuclear Materials, Facilities and Equipment, and Miscellaneous
    • Materials, Chemicals, Microorganisms, and Toxins
    • Materials Processing
    • Electronics
    • Computers
    • Telecommunications and Information Security
    • Lasers and Sensors
    • Navigation and Avionics
    • Marine
    • Propulsion Systems, Space Vehicles, and Related Equipment

    Items in these categories require Commerce Dept. export licenses for which there is an application and review.

    The ITAR (22 CFR parts 120-130) governs the manufacture, export, and temporary import of defense articles, the furnishing of defense services, and brokering activities involving items described on the USML.

    There are also “bad guy” lists that have presumed or policy denials. The Russia list is 200 pages long.

    One thing to keep in mind is that passing information to a foreign national or entity constitutes an “export” of the information, even if the transfer takes place inside the USA. In 2009 a UTenn professor was sentenced to four years in prison because he had Chinese and Iranian grad students working on a restricted USAF contract. He also had a student fax him data on that project while he was visiting in China.

    I was interviewed once by the USAF Office of Special Investigations (the special agent said they are "NCIS without the TV show") after I reported a suspicious contact requesting information from our company. At one point the contact asked me to send him samples of our materials, and said if we are not allowed to send them to him in Singapore then "send them to my sister in Maryland and she will bring them to me."
     
  12. phatGator

    phatGator GC Hall of Fame

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    True, but I think other exemptions would prevent release.
     
  13. Tjgators

    Tjgators Premium Member

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    Are we talking about the RussiaGate docs? If so, why wouldn't he declassify? Why is it highly sensitive? Does it show how unethical the FBI acted?
     
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  14. murphree_hall

    murphree_hall VIP Member

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    I’m talking about the documents he took to his house that the FBI just recovered.
     
  15. G8tas

    G8tas GC Hall of Fame

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    No and you know that. You don't care how sensitive the documents are because you will figure out a way to justify it
     
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  16. murphree_hall

    murphree_hall VIP Member

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    It seems as though nothing regarding President Trump can be evaluated in context of the right and wrong of his personal actions. It always has to be measured against another person’s alleged wrongdoing and their subsequent prosecution or lack there of.
     
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  17. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    I find it odd that one person has that much power in a government with so many checks and balances. Forget partisanship, why can one person basically just declassify what they want?
     
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  18. Trickster

    Trickster VIP Member

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    I've yet to see an answer to the OP's question.
     
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  19. Tjgators

    Tjgators Premium Member

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    The documents revealed that this operation was done at the behest of the Washington Field Office. The head of the FBI’s Washington Field Office, Tim Thibault, was removed forcibly from his office by other FBI agents last Friday. Justify that.
     
  20. Trickster

    Trickster VIP Member

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    Some of Trump's sheep have been shorn.......of their integrity. You know full well that Thibault has ZERO relevance to any of this.