An executive order is revocable, correct, but there is absolutely no evidence that Trump issued any sort of executive order or decree doing so. You don't think the Department of Justice wouldn't have noticed any sort of memorandum by Trump making what he did legal, or at least less illegal?
The flaw in your logic is guessing at evidence that Trump declassified documents. He claims he has, but hasn't provided any evidence of having done so. The Department of Justice in the meantime has this handy dandy warrant claiming to their knowledge, none of those items should legally be in Trump's possession and seized them.
Yeah, a lot of the time that would be a bit too vague to be signed off on. Most search warrant require fairly specific language. Still, there are, obviously, judges that allow that kind of language.
I did notice they only had the daylight hours box checked instead of an any hours. That is actually also extremely common on warrants, for some reason.
Last edited by Gelston; 08-12-2022 at 07:01 PM.
Ceterum censeo Carthaginem esse delendam
It's actually an irrelevant question anyway. Even if we adopt the stance that Trump had the ability to psychically declassify material without going through the proper channels set up by the Executive Branch (and therefore *his* own rules for declassification), he's no longer an original classification authority. The Biden administration clearly considers anything marked as classified to be classified (and therefore it is), and DoJ has been telling Trump that this stuff is classified and have been negotiating with Trump for months. So he has been holding on to Top Secret documents that were being held outside of the special government facilities where they are legally required to reside.
Don't get distracted by arguments over whether or not they were declassified at the time they were taken. It's an important legal question, but regardless of the answer it doesn't make what he's been doing since he's left office legal.
This was yet another severe dereliction of the core part of his duty as a President. Just one more in a long line of shocking, intentional failures.
No it wasn't. Trump was also in violation of the Presidential Records Act. He had previously been served a subpoena to return those records because they are legally required to be housed in the National Archives. And that law was passed by Congress. Trump had no authority to defy it.