Confused about legality of declassification of NIE

[steve2470]

No matter if it was legal or not, the decision to release the information to the media was an impeachable offense. Now that I got that out of the way, is it specifically illegal for the President to do exactly what Bush did ? I've heard yes and no. Does someone have a somewhat definitive answer ? Thanks !

[caledesi]

1. If * and Cheney told Libby to leak Covert Agent Info - Answer is NO!

Check this out:

Prez is not exempt!


http://www.sourcewatch.org/index.php?title=Covert_Agent...



edit: usual stuff

[napi21]

2. On Olberman thrusday night (I think) John Dean was explaining

this. He said classified docs can only be declassified by a Dept Superior, and since the President is everyone's superior in the Fed. Gov't, he does have the authority to declassify any doc. BUT there are specific procedures you have to go through to declassify, and Shrub doesn't appear to have done that.

Shrub COULD have changed the procedure via executive order if he chose to do so, but he never did.

IF he didn't follow the lawful procedures, he is guilty of breaking the law!


Now, I believe Dean's legal interpretations. I've never seen him proven wrong on any of them. I don't know if the transcript of this Olberman interview is avai;able anywhere, or he Dean wrote something aobut it on FindLaw or not.

[Justice Is Comin]

6. That's one thing

that is not revised in the executive order. And another thing, nowhere in that order, does it say Cheney is authorized to declassify information that he did not originally classify.

Nowhere !! I read every word. It must involve the agency "head" that classified the material for their consent and review.

[steve2470]

3. Thanks both of you !

So not only did he commit an immoral act and an impeachable offense but also an illegal act. I need to look up the legal definition of treason.

[ellenfl]

4. i believe the answer is that it is legal

but that traditionally, the agency that classified the information is consulted prior to the declassification. that's my take on it.

ellen fl

[Kagemusha]

5. Bush didn't follow proper procedure.

Having said that, the procedures are established by the President himself via executive orders; the President can violate his own executive orders at will, because executive orders are merely enacting his powers as President upon the executive branch, which he governs. The procedures are in place to prevent declassifications that damage national security. But, the President CAN violate those procedures. Even if it was strictly illegal, he did this in his capacity as President and punishing him after leaving office would be insanely difficult. But, it's simply a rule the President made up and rules he makes up are rules he can break without legal consequence. I am not familiar with the penalties for breaking these rules. However, it doesn't really matter because the rule only applies to the President to the extent he chooses it to.

It is an abuse of entirely legal power.

And note that in Bush's mind, this leak PROMOTED national security. We can dispute his judgment, but that judgment is his to make, if he wishes to make it.

Edit: The point I'm making is, Bush does not lose inherent Presidential powers simply because he writes an Executive Order saying such and such procedures are to be followed. Executive Orders are not laws. I imagine there are laws that punish the leaking of still-classified data? Even so, the definition under which someone would be punished relies on the President's say-so. The President can say otherwise in a closed Oval Office meeting and not tell anyone. As I said: Executive Orders are NOT laws. They are EXECUTIVE **ORDERS**. Bush can issue new orders at his leisure. It may be scummy to issue verbal orders in violation of the written orders, but that is not a *crime*.

It's an abuse of power.

[napi21]

7. Here's a link to what Dean wrote about this whole issue.

http://smirkingchimp.com/article.php?sid=25584&mode=nested

Scroll down the page to the section titled:

Can a President or Vice President Unilaterally and Selectively Declassify?

I think this should answer your questions.