I used both consent and search warrants dozens of times over the course of my career to recover classified govt info - but never a subpoena. Let’s talk subpoenas and why they’re not used to recover classified material from those not authorized to have it.
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I’m talking here about information produced by the USG containing national defense information and appropriately classified in accordance with EO 13526. Not someone’s after-the-fact book, or classified information in a news article.
Someone not authorized to possess it, in this thread, refers to former President Trump. Presidents to not “get” security clearances. They gain access to classified info by virtue of their election, and are the USG’s ultimate classification (and declassification) authority.
Between Navarro, Clark, and now Bannon, the collision of whining white male Trump cosplay law with the actual criminal justice system has been something to behold.
“Fulton County Superior Court Judge Robert McBurney ruled Monday that Graham will be required to testify on Aug. 2 after Graham said he would fight a subpoena to testify, citing executive privilege.”
Good question. Normally the executive branch doesn’t serve subpoenas on itself (the FBI’s routine process is simply to ask exec agencies for relevant information), but Presidential records are different. 1/
The legal reasons are at 36 CFR 1270 (thanks @thomasafine for the citation), which automatically restricts presidential records for five years, with several exceptions. 2/
@emptywheel Since a lot of people are getting excited and pointing at tHeIR TiMeLinEs, I'm not sure who needs to hear this, but since Marcy both cares and follows this sort of information, here it is. A thread of minutiae:
The Sept 7 referral Ratcliffe declassified is known as a CIOL. 1/
@emptywheel The CIA routinely sends CIOLs to the FBI. Delivery is often delayed. Maybe higher levels want to review before sending. Maybe legal needs more time. Maybe the courier is slow.
CIOLs were usually delivered days, if not weeks or even months, after the date printed on the CIOL. 2/
@emptywheel In fact, sometimes CIOLs were never delivered at all. It’s part of the reason we'd try to block stamp or write the date on the CIOL when we received it.
In the case of this CIOL, I don’t remember reading it. Doesn’t mean it didn’t happen, I just have no recollection of it. 3/