Mark S. Zaid Profile picture
Feb 10 8 tweets 3 min read
1/My experience with the Presidential Records Act.

About 15 years ago I was bidding on this item at auction. It was described as: "Harry S. Truman Typed Letter Signed and Original Top Secret Telegram". Docs were from 1949 & dealt w/atomic energy issues & @CIA.

I needed it! Image
2/But how could there be original Top Secret doc for sale? Would be illegal to possess. Except bottom right corner has original declassification stamp from @USNatArchives that doc was declassified in 1995.

What? Why isn't this at NARA then?
3/I notified @USNatArchives, which I work with (& sue!) often, that there might be stolen classified item for public sale. I was told it was likely as many items had disappeared from Truman Presidential Library over the years & an Inspector General investigation would be opened.
4/I notified auction house, which I do frequent business with, that if I won I would not pay until NARA finished its investigation. That was not an issue.

The investigation finished, to everyone's surprise, quickly. The doc was LEGIT! How could that be?
5/Turns out docs came from John R. Steelman (1900-1999), who was Truman's Assistant to the President (now called Chief of Staff). Around 1994 NARA was approached by Steelman's family that they had many presidential docs. Could they be reviewed?
6/If classified, NARA keeps it. But if unclassified, i.e., declassified, NARA can make copy for historical record & Steelman keeps it.

Prior to Nixon Administration, WH staff literally took all files home w/them, whether classified or not. There was no law to stop it.
7/But for last 40+ years, there has been a law prohibiting what Trump did. No one who works in WH thinks otherwise. And Trump knew it. He was advised of it multiple times.

@TheJusticeDept should open criminal inquiry.

#RuleOfLaw #Consequences
END/Yes, I won the declassified Truman document. 😄

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More from @MarkSZaidEsq

Feb 4
1/Today we dismissed former Secretary of Defense #MarkEsper's prepublication classification review lawsuit against @DeptofDefense.

We successfully ensured this unvarnished account of his tenure in Trump's Admin will be published on schedule in May 2022.
2/You can advance order the book A Sacred Oath here:

amazon.com/Sacred-Oath-Me…
3/My statement reads:

"This case presented a prepublication classification review challenge of a manuscript under the First Amendment to the U.S. Constitution that was pursued by the highest-ranking official – a former Secretary of Defense – to ever file this type of lawsuit...
Read 14 tweets
Jan 28
1/Today is 36th anniversary of destruction of Space Shuttle Challenger & deaths of 7 heroes (6 astronauts & 1 teacher turned astronaut). Prior to 9/11, for my generation this tragedy was our Dealey Plaza. We all remember where we were when we heard the news.
2/We watched in horror time & time again as we heard words "Challenger, go at throttle up".
3/I was freshman at @UofR & had just come out of POLSCI class abt 15 minutes aft disaster. In our student center there used to be large screen television. Dozens of students surrounded the tv watching in silence.

I will never forget that moment, or this crew.
Read 5 tweets
Jan 12
1/My firm is now rep'ing Chelsea Manning (@xychelsea). We arranged for her manuscript to be submitted to @DeptofDefense for classification review to ensure compliance w/preexisting secrecy agreements. Memoir is scheduled for Oct publication by @fsgbooks.

amzn.to/3FghIHa
2/Per Amazon listing:

"An intimate, revealing memoir from activist, politician, and WikiLeaks whistleblower Chelsea Manning - sharing her life story as a soldier and her journey toward self-acceptance as a trans woman with a manifesto for transparency of identity for all."
3/"In 2010, Chelsea Manning, working as an intelligence analyst in the US Army in Iraq, disclosed 720,000 classified military documents that she had smuggled out via the memory card of her digital camera. In August 2013, the United States Army sentenced Manning to 35 years ..."
Read 7 tweets
Jan 10
1/Saddened to have learned of passing of former Baltimore City Circuit Court Chief Judge Joseph H.H. Kaplan (1936-2021), who presided over our litigation trial to exhume remains of #JohnWilkesBooth back in 1995.

baltimoresun.com/obituaries/bs-…
2/Effort received great deal of publicity, including half-page story in @nytimes.

@washingtonpost, #WashingtonTimes & @baltimoresun covered five day trial every day.

nytimes.com/1995/05/12/us/…
3/Although he ruled against effort, he was consummate professional. I appreciated how he dealt w/me as very young lawyer (just 3 years out of school) who was handling first trial totally on own. As Chief Judge he specifically assigned case to himself as he was Civil War buff.
Read 5 tweets
Jan 7
1/BREAKING NEWS:

"Duckie" never tried it. "Alan Harper" couldn't afford it. And "Lex Luthor" has other resources at his command.

But @MrJonCryer is now suing @USNatArchives under #FOIA for @FBI records concerning his uncle!
2/His uncle #PeterNivenKiger was staff member w/#WarResistersLeague. He refused to register for Viet Nam draft & sent to federal prison for one year. He continued protesting & refusing to register & was imprisoned on other occasions. He died Aug 19, 2019.
warresisters.org/peter-kiger-19…
3/#WarResistersLeague was founded in 1923 & is oldest secular pacifist organization in US. It was subject of @FBI surveillance including as part of COINTELPRO.

onlinelibrary.wiley.com/doi/epdf/10.11…
Read 7 tweets
Jan 7
FORTHCOMING BREAKING LITIGATION NEWS:

Hint: What do these three images have in common?
Read 9 tweets

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