The search warrant served on former President Donald Trump is so unprecedented that experts urge caution before projecting how courts may respond to an argument that he declassified documents before leaving office.
wrote that this "is actually true about some things. Classified information is one of them. The nature of the system is that the president gets to disclose what he wants."
"While it is true that the president can classify and declassify at will, the same is obviously not true of a former president, who ceases to be commander in chief as soon as he leaves office," Aftergood said in an Aug. 11 interview. "Merely proclaiming a document or group of documents declassified and doing nothing more would not suffice," Bradley Moss, a Washington, D.C.-based lawyer who works on national security cases, told PolitiFact."He had to identify the specific documents he was declassifying, he needed to memorialize the order in writing for bureaucratic and historical purposes, and he needed to have staff physically modify the classification markings on the documents themselves," Moss said.
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