Trump's Classified Disclosure Is Shocking But LegalBreaking News
If anyone else in the government, except possibly the vice president, had revealed such classified information that person would be going to prison. The president, however, has inherent constitutional authority to declassify information at will. And that means the federal laws that criminalize the disclosure of classified secrets don’t apply to him.
If this doesn’t make much sense to you, I feel your pain. To understand the legal structure of classification and declassification requires a brief journey into the constitutional law of separation of powers. That’s not always especially fun. But at this juncture in U.S. history, it’s essential. Not since Richard Nixon’s administration has separation of powers been so central to the fate of the republic.
The authority to label facts or documents as classified rests with the president in his capacity as a commander in chief. Or at least that’s what the U.S. Supreme Court said in a 1988 case, Department of the Navy v. Egan.
Justice Harry Blackmun, who wrote the opinion, said that the executive’s “authority to classify and control access to information bearing on national security … flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant.”
comments powered by Disqus
- A girl named Greta and the seriously sexist history of Time’s Person of the Year
- Poll: Majority of Democrats think Obama was better president than Washington
- Civil War Soldiers Used Hair Dye to Make Themselves Look Better in Pictures, Archaeologists Discover
- Monumental statue of black man defies Confederate monuments
- From Consensus To Deadlock: Is Impeachment Still A Check On Presidents?
- Black Scholars Respond to Dr. Lorgia García Peña Tenure Denial at Harvard
- Historians Kirsten Weld and Erik Baker Interviewed About Harvard Graduate Worker Strike in Chronicle of Higher Education
- Kate Shaw: Andrew Johnson Was Impeached for Being a Racist Demagogue
- Bullets That Killed John F. Kennedy Immortalized as Digital Replicas by Smithsonian
- 37 books for history lovers: 11 Historians Select Their Favorite Books of 2019