Something I don't quite understand, re: classified documents

[Happy Hoosier]

Why doesn't Biden make it clear that any documents with classified markings ARE classified pending further review by his adminstration.

I'm not sure what the legalities are here.... as I've never seen such massive irresponsibility with regard to classified documents. But it seems like Biden could remove any ambiguity as to the current state of the documents.

[uponit7771]

1. The issue here isn't classification but whether or not the docs with gov markings of any kind belong

... to Putin's Whore at all and they don't.

The PRA already defines what's "personal record" of any president and the presidents can't just willy nilly claim the whole national archive as theirs before leaving office.

https://www.archives.gov/files/guidance-on-presidential-records-from-the-national-archives-and-records-administration-2020.pdf

Personal records are defined as:

“documentary materials or any reasonably segregable portion thereof, of a purely private or nonpublic character, which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President” and which include “diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business,” “private political associations” and “materials relating exclusively to the President’s own election to the office of the Presidency” [44 U.S.C. § 2201(3)].

[Happy Hoosier]

3. Exactly. Classification is a red herring.

Biden can take it off the table. If the documents are classified, there can be no question of ownership.

[Johnny2X2X]

11. YES!

The warrant didn't mention classification, this is illegal regardless, these aren't his.

And the espionage aspect of this doesn't rely on classification. Even if he declassified them (We know he didn't), it was still illegal to possess military secrets and he can be charged with crimes around that.

[Karadeniz]

2. The search warrant didn't specify classified documents.

[Happy Hoosier]

4. Right! See post #3

[Chainfire]

5. Trump simply thought that as the former president, he could disposed or our national secrets any

way that he wished. After all, as he continues to say, "They are mine."

Now we are involved in a silly game of proving that they were not his. It is insanity. Trump should be spirited away to some secret location and interrogated until such a time as the authorities believe that they know why he took them, and who he showed them to. That is exactly what would happen to anyone else before they were locked up for years.

We are treating a criminal like royalty.

[VMA131Marine]

6. Documents that are correctly marked are

presumed to be classified at the level of their markings and have to be treated accordingly. It doesn’t even matter if the document has been given an incorrect classification level or incorrectly classified. In those cases there are processes available for reclassification but the document must be handled in accordance with the existing classification markings until a reclassification request has been resolved. There’s really no leeway given with handling classified documents for reasons that should be obvious.

[bluestarone]

7. Yea another one of Orange Jesus wants an Audit?

Had such luck with his fucking taxes, that he does it again! He's a BASTARD!!

[Frustratedlady]

8. I don't understand why these classified/top secret documents didn't have a paper trail.

When the president left office, the classified reports should have been checked off as returned...much like a library book. This may be over-simplifying the situation, but it shouldn't be that hard.

Otherwise, have a top-secret meeting, pass out the documents for review and then have those present hand them back in to the person in charge. No one leaves the meeting with any documents because once they are out of the room, they are available for anyone to glom onto. It isn't only the former president that is careless. (Besides, I believe he had grand plans for sharing.)

As for these documents that were recovered by the FBI. If they were marked confidential/top secret, that's what they still are. If they are de-classified, they should be marked as such. Even then, he should not be allowed to take any govt. documents home with him.

What's the argument again?

[albacore]

9. What you said...

Like Hillary pointed out, any confidential/secret document came with a live body attached to it. Those things have to be signed in and out. What happened when that officer showed back up at Headquarters minus the document? Who signed what chain-of-custody document? It's like musical chairs... the last person who had the document is liable/culpable.
Seems slam-dunk to me.

[Happy Hoosier]

10. I think that was part of teh impetus for this....

Presumably, an inventory of the calssified documents at the whitehouse ID's the missing docs.

I know when I've have to deal with Classified docs, a log of where they are was maintained.

[Frustratedlady]

12. Good to hear, but why was he allowed to leave the WH/Oval until that list was cleared?

It isn't as though everyone wasn't aware that he was our #1 Liar. I seem to recall that an inventory was being taken of the WH living quarters before they left.

[Happy Hoosier]

13. Who was gonna stop him? NT