I suspect the bulk of the readers of this blog have never held a clearance, much less a Top Secret SI TK Gamma with SAPs. In fact, my use of acronyms such as “SI” or “TK” probably has you scratching your head. Understanding the system is key for you to realize that Donald Trump has broken no law and that this latest claim accusing him of illegally taking and storing classified it total bullshit. It is the tactic of desperate men and women eager to put an end to Donald Trump’s 2024 campaign for the Presidency.
I want you to first take a look at Executive Order 13526 issued by none other than Barack Obama. Sorry for the lengthy quote but it is important that you understand that Donald Trump acted in accordance with the Executive Order:
Sec. 1.2. Classification Levels.
(a) Information may be classified at one of the following three levels:
(1) ‘‘Top Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.
(2) ‘‘Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.
(3) ‘‘Confidential’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe.
Sec. 1.3. Classification Authority.
(a) The authority to classify information
originally may be exercised only by:(1) the President and the Vice President;
(2) agency heads and officials designated by the President; and
(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.
Sec. 1.4. Classification Categories. Information shall not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accordance with section 1.2 of this order, and it pertains to one or more of the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United States, including confidential sources;
(e) scientific, technological, or economic matters relating to the national security;
(f) United States Government programs for safeguarding nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or
(h) the development, production, or use of weapons of mass destruction.
Sec. 1.7. Classification Prohibitions and Limitations. (a) In no case shall
information be classified, continue to be maintained as classified, or fail
to be declassified in order to:(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require protection in the interest of the national security.
Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.
(b) Information shall be declassified or downgraded 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 current successor in function, if that individual has original classification authority;
(3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; or (4) officials delegated declassification authority in writing by the agency head or the senior agency official of the originating agency.
(c) The Director of National Intelligence (or, if delegated by the Director of National Intelligence, the Principal Deputy Director of National Intelligence) may, with respect to the Intelligence Community, after consultation with the head of the originating Intelligence Community element or department, declassify, downgrade, or direct the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities.
(d) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure.
I want to draw your attention specifically to Section 1.7–In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to: (1) conceal violations of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency . . .
I think a case can be made that the FBI and the Department of Justice are violating Obama’s Executive Order by trying to keep the documentary evidence of their lawless behavior classified. The material that Garland and Wray want classified “conceals violations of law.”
Donald Trump ordered the declassification of the Crossfire Hurricane material on December 30, 2020. You can read his order here. Donald Trump followed the law and acted in accordance with Barack Obama’s Executive Order.
One other point of clarification for most readers. There are only a small number of organizations in the United States Government that produce original intelligence where the members of those organizations have originating authority to classify a document or image or electronic communication. These agencies are:
- The Central Intelligence Agency (human source information)
- The Defense Intelligence Agency (human source information)
- The National Security Agency (NSA)
- National Geospatial- Intelligence Agency (NGA),
- National Reconnaissance Office (NRO)
They produce original intelligence and, under Obama’s Executive Order, can determine the classification of the material/information they produce. Everyone else who writes an intelligence report based on the data produced by these five agencies has Derivative Classification authority.
Other entities, such as the FBI, DEA, Coast Guard and Department of Energy are nominally part of the intelligence community, but spend more time consuming intelligence product than producing intelligence product. The FBI and DEA in particular try not to produce intelligence from information (aka evidence) they collect in the course of an investigation because they want to be able to use that information in a prosecution. This is not to say that the FBI and DEA never produce intelligence, but it is not their primary task or focus.
I have written extensively in the past on Russiagate and the FBI’s role in promoting and executing lawless actions (click here). The raid on Mar A Lago is a just a new chapter in a long, tragic book. Regardless of how you feel about Donald Trump, he represented and still represents an existential threat to the corruption that has spread through the Federal Government. Vladimir Putin’s battle with recalcitrant oligarchs is child’s play compared to trying to clean out the vipers nest that controls Washington, DC.
Nice summary Larry. Concur with all your commentary too. You focus on classification of intel material, but there’s a lot more beyond intel. I’m exNavy SWO, so my experience is primarily DoD. That derivative classification stuff gets very complicated… nevermind SCGs.
Would love to someday describe my experience at US Consulate’s home in Tel Aviv!
…to non US citizens it seems the sooner the US has it’s civil breakdown the sooner the world will be rid of the likes of Trump and Biden and their endless chess thumping bullshit – blame yourselves for the caliber of people you elect – US politicians live in a cesspit and it’s time the geriatrics in Govt were all cleared out and you started afresh.
I was a handler of secret material in the Army and had a secret clearance. My understanding was that Trump declassified the Operation Hurricane materials just before he left office. The DOJ objected and wanted certain portions blacked out. Trump relented and Meadows gave the material back for those changes to be completed in three days. He never saw the material again as the DOJ drug their feet. By that time Trump was out of office.
Whether Garland has a case or not he is going to prosecute him. I am sure of that. This is a rainbow shot on the hopes of dropping Trump. With a conviction he can run but would not be able to take office. According to the act no one convicted can hold Federal office. I see no plea bargain with this crew.
He can run, and expend resources and then they hope to drop him sometime before the election. Trump will appeal but the system is lined up against him as it is all heard in DC. They can expedite the appeals and it could come down to the Supreme Court.
He can run all the way with the conviction and win not be allowed to take office. Then we have a real constitutional crisis. A first class shit show.
If they win then the Republicans might have to come up with a last minute fill in. If they lose they missed their shot to take him out. After that it is JFK all over again.
According to the lawyer Robert Barnes a conviction does not bar election to public office. This is because the courts have ruled that the constitution sets the requirements for elective office and Congress cannot add to that. Conviction would only stop an individual from being employed by the federal government.
Larry, your ‘click here’ link at the end doesn’t connect to your previous article, it connects to this article!
Wondering if Trump may have copies of complete RFK, JFK and MLK assassination files. All of which he’s legally entitled to, as President of USA.
Perhaps a book on these matters will appear?
Recall: one of Trump’s first acts as president was to see that JFK files were released and these efforts of his were blocked at the time.
Of note is that on Jan. 20, 2019, numerous prominent Americans signed a major statement.
This was titled: “A Joint Statement on the Kennedy, King and Malcolm X Assassinations and Ongoing Cover-ups”.
” We call upon Congress to establish continuing oversight on the release of government documents related to the presidency and assassination of President John F. Kennedy, to ensure public transparency as mandated by the JFK Records Collection Act of 1992. The House Committee on Oversight and Government Reform should hold hearings on the Trump administration’s failure to enforce the JFK Records Act,” statement says in part.
This included 10 bullet points, of which the three cited below are of particular and obvious contemporary relevance.
6. The official investigation into the JFK assassination immediately fell under the control of U.S. security agencies, ensuring a cover-up. The Warren Commission was dominated by former CIA director Allen Dulles and other officials with strong ties to the CIA and FBI.
7. The corporate media, with its own myriad connections to the national security establishment, aided the cover-up with its rush to embrace the Warren Report and to scorn any journalists or researchers who raised questions about the official story.
8. Despite the massive cover-up of the JFK assassination, polls have consistently shown that a majority of the American people believes Kennedy was the victim of a conspiracy — leading to the deep erosion of confidence in the U.S. government and media.
At:
https://consortiumnews.com/2019/01/20/a-call-to-reinvestigate-american-assassinations/
PS
It is against the law for the government to harass and prosecute etc.: anyone who is in essence a whistleblower exposing corruption and government lawlessness and criminal activity. Should the Biden/Garland/Wray/Pelosi Goon Squad be, among other things, attempting to suppress evidence of crimes, they could very well face a lot of hurt and pain and legal exposure.
Keep in mind that despite all his faults, Lt. Gen. Michael Flynn, as the new NSA to Trump in Jan. 20217 was widely expected to expose some of the lawlessness and corruption . . . and this is why he was immediately “razor’d”, as it were. They had nothing on Flynn and his life was still wrecked, on purpose. Bullet points #6 and #7 above directly apply to how this happened to one of our military generals, an American Patriot.
-30-
Thanks, it all started with the JFK assassination when nothing was done because the media whores helped insure the coverup. A simple homicide investigation destroys the official lie because the most important evidence is right on the surface. I will rant no further.
It’s a comedy now, all be it a sad, sh*t show. The worst is yet to come.
It will then burn like hell across the planet.
If you are a Billionaire, watch those who surround you, catering for your every repugnant whim, …….. and keep a very close eye on “flight attendant’s.” Just sayin.
Larry,
First Volume of The Gulag is instructive here. Solschenizyn described the gradual descent into full blown lawless tyranny in the 1950s. What began as a tough but reasonably fair campaign against internal terrorists in the 1920s ended up with the horrors of the Gulag a generation later.
Anyone who close reads the first volume of The Gulag will find the parallels with our society to be terrifying. Secret Police organizations seem to have their own dynamic that always results in lawless tyranny.
All of us should read that first volume again
Having sat through years of “the walls are closing in, the beginning of the end” I think the security state has totally lost the plot. This appears to have been a truly desperate Hail Mary pass. Difficult to see how this isn’t going to be the final disaster for the DNC.
Hillary v The Donald 2024, you know you want it ; )
Looking at the warrant and itemized list of things taken:
– the former seems rather generic, and w/o further discussion it’s unclear why this wasn’t subpoena material rather than “raid” stuff (though that’s the DOJ/FBI modus operandi these days)
– again maybe there’s a needle buried in the haystack they listed, but would one really expect Trump to be looking to destroy such “pressing” materials as Roger Stone’s pardon? Why even seize it, even if it falls under the specifications?
As various lawyers have pointed out, if you aren’t being specific, this becomes a fishing expedition. But either way, basically they don’t care, as they have all the cards now, and can flex as much as they want. As I commented before, glad I left USA when I could. I’d wish you guys good luck, but I can’t think it will matter.
Here’s what they were really after (translated from https://vz.ru/news/2022/8/10/1171907.html):
TV and radio presenter Vladimir Solovyov anecdote commented on the searches in the estate of former US President Donald Trump in Florida.
“During the search of Donald Trump, it was found:
– Budenovka (communist military hat);
– PPSH (a type of Soviet machine gun);
– Parachute straps;
– Bear Skin
– Flag of the USSR
– Push-button phone with Russian layout;
– Portrait of Putin on a horse, painted in oil;
– Honey with pepper;
– Hat-ushanka (Russian winter hat);
– The second component of the Sputnik V vaccine;
– Encyclopedia about turbines for gas pipelines;
– Tomik Pushkin in the original;
– TV signal of the channel “Solovyov Live”;
– Banknote with a face value of 500 rubles;
– Discount card of the store “Pyaterochka” (Russian chain of convenience stores);
“Login and password from the personal account of the portal “State Services”.
I wonder why my comment was not published. It was a bit of Russian humour on this subject.
I like the Russian view! We Americans need to realize there are humans out there who are “as smart” or even SMARTER than us. If we want to reach full potential and perpetuate that which is good, please accept the same values in those Chinese, Russian and all other groups who we only ignore because of our xenophobic disorder..
We don’t have a xenophobic ‘disorder’. We are being invaded and replaced in the civilization our forebears built for us. The truth is exactly the opposite: there isn’t another people on this planet Earth who would have reacted with the same equanimity to the same level of provocation.
One counter intuitive thought – Is it not possible that the FBI is actively working together with the Trump organization to give it a boost? The reason I am asking is because everytime the FBI has intervened which on the face of it looks like it’s against Trump, he has come out stronger and more relevant whether it’s Russiagate, Jan 6 and now – How is it possible for something like that to happen all the time if they were mortal enemies as the MSM portray? Everyone seems to have forgotten that Trump is an old school establishment person from NY connected to all the right people and organizations – He’s connected to the Epstein organization which is a CIA / Mossad / MI6 led intelligence operation and which Trump was involved with from the 80’s which means he has good national security contacts – Plus the timing is extremely suspect where this action will fully galvanize Trump’s and the Republican base for the elections but which will also give Trump an iron grip over conservative politics for the coming years – He’s an old school boomer who believes in the imperialist foreign policy of the US and if people would stop frothing at the mouth for one moment everytime they hear his name and sanely analyse his rule, they will realize that he has continued all existing policies without fail but did some minor tweaks to fool his base to show as if he was making major changes – If he was really serious, he could have disbanded the FBI and CIA, started a win win relationship with china, stopped Ukraine aid instead of accelerating it and providing lethal weapons, Take US out of nato etc – He didn’t do any of this but Biden who’s dumb as they come seems to have got and stupidly accepted all the blame and responsibility while Trump skates away free from stigma – I know that most people here are anti imperialist in their point of view, so that’s why it’s important that we see this situation with open eyes and not just fall for the conventional explanations on offer – I believe that Trump is the conduit through which the national security complex captures the right wing of politics and with the left wing completely under their control, they will control US politics from every angle
Well, I’m Swiss…
The US Constitution isn’t my specialty, but from what I’ve read about it, the founding fathers never formulated any kind of disqualification from running for office.
So, according to the constitution as written, a prisoner can also run for office.
A criminal with previous convictions too…. with him there would hardly be any problems, because he could easily take office since he is not in prison.
So what’s going on…….. ?
Was there something that was interpreted into the constitution that is actually not documented?……
In the 1787 Constitution there were no restrictions…..whoever could win ….was President.
And later there were only restrictions on applicants from the South…..ie the losers of the Civil War.
And even that was legally questionable.
Walter Roth / Switzerland
The Socialist Eugene Debs ran for president in the 1920 election while serving time in the Atlanta Federal Penitentiary. He had been convicted for violating the Sedition Act. Debs had made a speech urging resistance to the draft during World War I.
Debs got over 900,000 votes (about 3.4% of the total cast).
OADR is intended to keep the vast majority of declassification decisions at the lowest possible level to avoid swamping higher levels with unnecessary requests for guidance or authority. Have you ever seen FO on a government telephone keypad and wonder why some might need Flash Override? It’s because everybody down the food chain over-classifies and over-prioritizes their traffic, so the top of the house needs ways to get around the logjams that that creates. POTUS is the ultimate classication and declassification authority as the end of chain supervisor of the originating agencies.
The agencies might object, but the authority ultimately resides in POTUS by virtue of his Constitutional role as President and Commander in Chief, as was affirmed by SCOTUS in Dept. of Navy v. Egan (1988).
Where agencies have any substantive say in whether something should or should not be declassified is in cases of Automatic Declassification. Even then, the President has the ultimate say, if he chooses to use it. Prior EOs are not necessarily binding on future POTUSs.
If POTUS declassifies something while still in office, it is declassified. I suppose a successor POTUS could reclassify, but it would be difficult to credibly assert that the former POTUS committed the Actus Reus of a crime at the time he took the materials with him, much less the mens rea of knowingly and willfully pilfering classified materials.
This is something that in a sane world would be worked out quietly behind the scenes, but our Modern Bolsheviks are looking for their big show trial to crush the biggest fish of the opposition, which will make lighter work of the bigger purge of the smaller fish.
OADR was used so you didn’t have to put a declass date. It’s no longer authorized.
Eugene Debs ran for President in 1920 while in prison for sedition. However, Trump would be disqualified however if convicted for “insurrection” for the fraudulent Jan 6th nonsense. I think that’s what they are aiming for.
A mishandling classified material conviction bars you from federal office. You can run and win but there is a possibility would never take office.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
https://www.law.cornell.edu/uscode/text/18/2071
It will be one hell of a court battle. One must look at the possible eventualities.
I will now, being safe in a remote corner of a land without extradition treaty, reveal the stunning truth which was right before our eyes all along – did our canny cipher masters at NSA first discover it, or was it the coneheads at GCHQ?
TRUMP. T RUMP. T ASS. ——>> TASS.
QED.
Hi Larry,
I want to thank you for all your elucidation of Ukraine/Russia current conflict. I thoroughly support your viewpoint and I consider you to be a man of integrity.
As an outsider would like to comment on the Trump situation. I am an Irish citizen, who has had an active interest in World politics for 40 yearss
It seems to me that the elites in the US have been successful in creating an unbridgeable division amongst ordinary Americans on cultural issues. The result of this is that one half of the population hates the other half to the extent civil war is being regularly discussed as a possibility.
This has had terrible results for lives and well being of ordinary people who are kept unaware of the causes of the rapid deterioration of their prosperity by the mainstream media who serve the interests of the elites and not the people.
In my opinion there is little difference between the Republicans and the Democrats. They are both as bad as each other. The whole system is rigged to transfer wealth from the poor to the rich.
The US is no longer a democracy but rather an oligarchy. What is required is some kind of revolutionary change.
Yours sincerely,
Brendan Holleran
I have Irish ancestors so you are always welcome. Thanks for the commentary. The U.S. is supposed to be a Republic as opposed to a democracy. Inherent in the Republic is the protection of the rights of the minority. Hence the US Senate that apportions two seats per state, whereas the House of Representatives are apportioned according to population.
While Obama’s Executive Order is interesting, it has no legal effect on future Presidents. Obama didn’t have the legal authority to use an Executive Order to restrict Trump’s actions as president same as Bush didn’t have the authority to restrict Obama’s action. Executive Orders cannot restrict the powers of elected US Presidents.
The Executive Order remains in effect until repealed. You are correct that Trump was not required to accept it. However, the best I’ve been able to determine he did not repeal it.
Ahhh….memories. Remember when Dick Cheney had so much stuff to get rid of that he needed the large economy-size shredder truck to come to his house so massive volumes of documents could be destroyed without him even having to take his feet down from the La-Z-Boy extension?
https://www.dailykos.com/stories/2006/10/30/263835/-
Granted, Cheney was also a Republican, but any claim to Democrats’ purity where classified material is concerned can be banished by speaking the magic words, “Personal email server”.
The big Mar-a-Lago raid was just to build a base to support all manner of revelations for the slack-jawed yokels who believe everything they hear on I’m-Witless News, should Trump decide to run again.
A couple of things:
It’s my understanding thee are quite a few levels of security clearance ABOVE POTUS and POTUS doesn’t get to see those?
Is this true?
How many levels are there?
Who does get to see them?
Regarding Mar a Lago, one excuse floated is that Trump took some things that he has the only copies of, and a copy is supposed to be given to the National Archives. Is this true?
Was it SOP for Trump’s attorneys to be told to wait outside, or a violation of SOP? I would think that having Trump’s attorneys present, would protect both sides from spurious claims.
Trump’s attorney’s were given or shown the warrant?
Were they given it at any point?
It’s claimed Trump could have made the warrant public, and chose not to. Is this factual?
What will AG Garland actually be making public?
I’m not a fan of Trump, Garland, the FBI or any of the swamp critters in DC with the exception of Bernie and the few actually working for the best interests of the working families they’re supposed to represent.
If the FBI is covering up their own misdeeds, like was done in Dallas and a few other places, by all means investigate and let heads roll. If Trump is somehow innocent in this matter, so be it! If there is more to it, and he’s not so innocent, so be that!
I care about justice and fairness, in the spirit of the law, even though I know it is the letter of the law (and how it’s interpreted) that will prevail.
This is one of Trump’s attorneys on Newsmax. I don’t listen to Newsmax or watch Fox, but she seems reasonable and “on the ball”.
https://www.newsmax.com/newsmax-tv/donald-trump-mar-a-lago-doj/2022/08/11/id/1082784/
Wrong. You are talking about Special Access Programs aka SAPs and the President is briefed on that material as the need arises. I know this for a fact because a friend of mine is the one who did those briefings.