Thread by @MarkSZaidEsq

1/Most of Twitterverse now knows how vast Presidential authority is to declassify info. Literally can be wave of hand, which is what Trump supporters are arguing he did. Obviously usually a formalized process that exists to ensure actions are always documented, but ... Trump.

2/Still, FBI search on his residence is said to involve classified docs related to nuclear weapons. If true, that could involve what is known as Restricted Data, which is a statutory protection outside of Presidential authority where classified info usually lies.

3/Restricted Data (or "RD") is not subject to automatic declassification like "normal" classified info. Don't take my word for it. This is @TheJusticeDept legal position:

justice.gov/archives/open/…

4/"IS RESTRICTED DATA (RD)/FORMERLY RESTRICTED DATA (FRD) SUBJECT TO AUTOMATIC DECLASSIFICATION?

No. RD/FRD is classified under the Atomic Energy Act of 1954, as amended, and is excluded from any provision of the Order. Only designated officials within the Department of Energy..

5/...(DOE) may declassify RD/FRD records. Any record determined to contain RD/FRD may not be reviewed for declassification of national security information until the Secretary of Energy, or the Secretary of Energy in conjunction with the Secretary of Defense for FRD, has ...

6/ ... determined that the RD/FRD markings may be removed. Classified national security information in RD/FRD records is subject to the Order, and will be referred to the DOE and appropriate other government agencies."

7/Now, what does that mean? Pay attention, especially MAGA supporters (that's you #KashPatel).

It means NO President can declassify Restricted Data. Magic wand doesn't work there.

Might be untested legal position, but good luck w/that argument Mr. Trump.

END/ BTW, that DOJ page is archived (though relevant text remains unchanged).

When was it last updated?: November 6, 2020

This was Trump's DOJ that issued this legal position. 👍