Wyantry wrote:
One of the greatest problems with the Hillary matter is: Hillary evidently DID have SOME declassification authority, but only regarding documents originated by the State Department — not documents classified by other government agencies.
Those regulations applying to the State Department and Secretary of State are:
“5 FAM 480 — CLASSIFYING AND DECLASSIFYING NATIONAL SECURITY INFORMATION—EXECUTIVE ORDER 13526
(CT:IM-226; 10-31-2018)(Office of Origin: A/GIS/IPS)
5 FAM 484.2 Declassification Authority
(CT:IM-117; 06-16-2011)
a. Information generally may be declassified by:
(1) The official who authorized the original classification, if that official is still serving in the same position and has original classification authority;
(2) The originator’s successor in function if that official has original classification authority;
(3) A supervisory official of either if that official has original classification authority; or
(4) Officials delegated declassification authority in writing by the Secretary of State or the Under Secretary for Management.
b. The Department’s primary declassification authority is A/GIS/IPS which has been delegated declassification authority by the Under Secretary for Management. It is advisable to consult A/GIS/IPS on all declassification questions in order to ensure consistency in declassification decisions and updates of archival records in electronic systems. In all cases, A/GIS/IPS should be consulted on declassification determinations that may involve the equities of other agencies, foreign governments, or multiple offices within the Department. Diplomatic Security should be consulted for information sharing decisions for tribal, State, and local governments.
5 FAM 484.3 Declassification Marking
(CT:IM-205; 11-22-2017)
All declassified records, regardless of media format, must be marked in such a manner as to leave no doubt about the declassified status of the information and the identity of the declassification authority. Specifically, the classification marking must be marked through by Xs or a line and include:
(1) The word “Declassified;”
(2) The name or personal identifier and the position title of the declassification authority or Declassification Guide; and
(3) The date of declassification.
EXAMPLE OF DECLASSIFICATION MARKING:
CONFIDENTIAL
Declassified by John Jones,DAS,
Office of Foreign Missions, M/OFM,
08/17/05 [20050817]”
_________________
Trump was required to follow the same declassification schema, as set forth in:
CLASSIFYING AND DECLASSIFYING NATIONAL SECURITY INFORMATION—EXECUTIVE ORDER 13526
(CT:IM-226; 10-31-2018)
This EO is still in effect — it has not been revoked or superseded. Not by Trump. Not by Biden.
Trump was required to follow the declassification procedures described in the EO. Alternatively, Trump could have Revoked the EO, by Executive Order!
He did not do so, so he was legally bound to follow the order.
One of the greatest problems with the Hillary matt... (
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