08/15/2022
Donald Trump's office told Just the News on Friday that the classified materials the FBI seized from his Mar-a-Lago estate were declassified under a "standing order" while he was president that allowed him to take sensitive materials to the White House residence at night to keep working.
The president's defense is rooted in the legal principal that the president and vice president are the ultimate declassifying authority of the U.S. government and through executive orders most recently issued in 2003 by George W. Bush and Barack Obama in 2009 that specifically exempt the president and vice president from having to follow the stringent declassification procedures every other federal agency and official must follow.
(Trump) "He had a standing order that documents removed from the Oval Office and taken into the residence were deemed to be declassified," the statement added. "The power to classify and declassify documents rests solely with the President of the United States. The idea that some paper-pushing bureaucrat, with classification authority delegated BY THE PRESIDENT, needs to approve of declassification is absurd."
The president's detractors in Congress, the DOJ, and the intelligence community are likely to contest the president's arguments. But officials familiar with national security law said courts generally have held the president's power to declassify is far-reaching and that the process for how that happens can be more happenstance, something the Bush and Obama executive orders from 2003 and 2009 made clear.
Obama's executive order no. 13526, issued in 2009, laid out the stringent process all federal officials and agencies needed to follow for declassification, but explicitly exempted the sitting president and vice president from having to follow those procedures.
"Information originated by the incumbent President or the incumbent Vice President; the incumbent President’s White House Staff or the incumbent Vice President’s Staff; committees, commissions, or boards appointed by the incumbent President; or other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section," the Obama order stated..
Former president's office describe previously undeclared process that led to sensitive documents landing in Mar-O-Lago.