Bronco6G said:
Watermelon Man said:
inconvenient truth said:
wbt5845 said:
1. There are three levels of classification - Confidential, Secret and Top Secret.
2. Each level has its own handling requirements. Only TS are serialized and tracked, but the others have specific handling and storage requirements.
3. There also are Special Access Required, or SAR, programs that have their own unique handling requirements as defined by that program.
4. Classification of a document is governed by its marking. Even if the document is a cookie recipe, if it's marked Top secret, it is a Top Secret document.
5. When a document is properly declassified, it is remarked. If it has not been remarked, it is not declassified.
6. If a document is misclassified, there is a process for rectifying that. But it must be handled at the higher classification level until rectified.
7. None of this applies to the president as he is the ultimate original classification authority and isn't subject to bureaucratic processes.
hth
Wrong, as usual.
It should be
7. None of this applies to the search of MAR because none of the statutes listed on the warrant have anything to do with classified documents.
While discussion of what powers the President has or does not have, and what procedures are required to be followed to declassify a document may be an interesting academic exercise, it is certainly irrelevant to the troubles Mr. Trump finds himself.
Oh, you've seen the warrant? Then tell us what was the premise of the warrant?
You haven't? It has been publicized on many, many outlets.
The premise is that a US Magistrate Judge was presented with evidence that established probable cause that crimes had been committed and the property at Mar-A-Lago was to be searched to obtain evidence of those crimes.
In particular, this is Attachment B, in its entirety:
Quote:
ATTACHMENT B Property to be seized
All physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. 793, 2071 , or 1519, including the following:
a. Any physical documents with classification markings, along with any containers/boxes (including any other contents) in which such documents are located, as well as any other containers/boxes that are collectively stored or found together with the aforementioned documents and containers/boxes;
b. Information, including communications in any form, regarding the retrieval, storage, or transmission of national defense information or classified material;
c. Any government and/or Presidential Records created between January 20, 2017, and January 20, 2021; or
d. Any evidence of the knowing alteration, destruction, or concealment of any government and/or Presidential Records, or of any documents with classification markings.
Of particular note:
1\ The criminal sections, 18 U.S.C. section 793, 18 U.S.C. section 2071, and 18 U.S.C. section 1519 do not require any of the documents to be classified for the violations to apply. They do not have to be classified documents. You can search for these codes on the internet and they are pretty short and easy to read. If you want to discuss anything about the search warrant in an intelligent manner, you probably should be familiar with them.
2\ Item b. of Attachment B allows for the seizure of "Information...regarding retrieval, storage, or transmission of national defense information or classified material;" this means that documents or records of EITHER national defense information OR classified material can be seized. It does not REQUIRE seized material to be classified material.
3\ Item d. of Attachment B does refer to "any documents with classification markings." Note that this specifically says classification markings. If you find and read the warrant, in the Property Receipt section, you will find reference to documents referred to as "classified/TS/SCI" as well as "confidential", "secret", and "top secret" classifications. This can only refer to how these documents are marked, as an inquiry with the NARA would have to made to determine if these documents had been declassified after being issued but prior to being seized.
Note that the technicality of whether or not the documents seized were classified at the time of seizure is irrelevant. What is important is the plain fact that some of these documents were marked as being classified.
It is much easier to fool someone than it is to convince someone that he has been fooled.