A question regarding classified documents in Merde-a-Lardo boxes:

[majdrfrtim]

When I was in the military I believe I learned that POTUS was the final arbiter of security classification status, so might tfg just declare, “Oh, I declassified all those documents,” as a hedge against criminal liability? Given his packing of SCOTUS, might they then just let him skate on by with no consequences?

Clearly, I am not a lawyer.

[Deep State Witch]

1. Theoretically, Yes

Theoretically, yes. But, since he is no longer President, he can't claim it now.

[gab13by13]

2. If those documents were hidden to obstruct justice,

does it really matter if he declassifies them?

I don't see that his doing a massive declassification is going to fly with DOJ. One or 2 documents he may get away with.

Also, there was a White House counselor on last night who opined that those 15 boxes aren't all of the stolen documents, those are how many they recovered.

If a tree falls in the forest and no one is around, does it make a sound? If we don't know what documents Trump destroyed is it a crime?

[Claustrum]

3. The problem is whether he declassified it at the time he was still president.

He can't go back and declassify them because he is no longer president. If it is still classified when he took them to Florida, it's likely he didn't declassify them then.

From my recognition, there are ex-president who got some stuff declassified but usually it is through talks with the current president to get those declassified.

[rso]

4. Documents

If the recovered documents still had classification markings when recovered by the Archives, then Donnie can’t say he declassified them while still President. He can’t declassify post-facto when he’s no longer President.

[Hoyt]

5. Think the Select Committee needs to tell us what is in the boxes and National Archive release.

They should have had time to go through the documents by now.

If there is something truly damning, it's time to report it, even if in a preliminary report.

[RockRaven]

6. I think that concern is analogous to the secret pardon concern -- unless there is a paper

trail of it happening while he was still POTUS, there is no reason for anyone -- including the court system -- to believe him when he says he did it prior to leaving office.

Essentially his word means nothing, evidence is required.

[gab13by13]

7. We now know there are gaps in the recovered documents,

If a tree falls in the forest and no one is around, does it make a sound?

We know that several people talked with Trump during the insurrection. There is zero record of anyone calling Trump during the insurrection.

The fucker took these documents, went over them, and weeded out the incriminating ones. Fuck these experts who are claiming it will be hard to make a case, MF45 took the documents and then obstructed justice by destroying documents.

[gab13by13]

8. Donald Trump is not stupid,

he knows exactly what he is doing, destroying evidence. It is up to DOJ to take this on. They are going to have to respond with some kind of statement, they got a criminal referral from the National Archives.

[nebby70]

9. classified or not - the achieves are still required to maintain this stuff...

... because they aren't stamped secret is immaterial --
... if they are classified, that's just more fuel on the fire of violation ...