1. @MSNBC @SteveKornacki had @TIME reporter Tessa Berenson (@tcberensonto) on to address @POTUS Trump'a apparent leak of apparently classified photo. Ms. Berenson referred to, without naming, a 1988 SCOTUS case and a @BarackObama EO as authority for what Trump did being lawful.
2. I think the 1988 SCOTUS case is Department of Navy v. Egan, 484 U.S. 518 (1988) and if that is the case, it does not say the President can just hand out US secrets to our adversaries. The case involved power to grant or deny clearances that court held was reserved to
3. POTUS. eg Jared Kushner. There's dicta in Egan she may be referring to but that is not a holding. caselaw.findlaw.com/us-supreme-cou…
On the Obama EO, I think she may be referring to Executive Order 13526. IMO that does not support the position asserted on @MSNBC.
4. Here is the EO. federalregister.gov/documents/2010….
EO 13526 re-affirmed a President's ability to classify and as a classifying authority de-classify. But there should be a mark on the photo that shows it was classified and clearly Trump took no effort to comply with the lawful
5.requirements to declassify it. He just leaked it to a state sponsor of terrorism.
I would love to hear from the pros on this. It is critically important that with an authoritarian scofflaw in the @WhiteHouse that networks like @msnbc @cnn vet their guests who are
6. giving a legal opinion. Loos talk will only embolden this dangerous person. Our Democracy won't necessarily get a do over. @maddow @Lawrence
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