Thread by @MarkSZaidEsq

1/Thread on FBI Warrant, Trump & Nuclear Info

It was reported by @washingtonpost that "Classified documents relating to nuclear weapons were among the items FBI agents sought ... according to people familiar with the investigation."

washingtonpost.com/national-secur…

2/At this point, we don't know if this is true or not. The @FBI's property receipt makes no mention of "Restricted Data" or "Formerly Restricted Data", which is usually how nuclear info is referenced. This info is controlled by Atomic Energy Act.

washingtonpost.com/national-secur…

3/Declassification of such info is statutorily handled by Secretary of @ENERGY or their designee & NOT the President of the United States.

https://twitter.com/MarkSZaidEsq/status/1558122735917797376?s=20&t=l-g4BP6H5xh_9ICo8giqyA

4/Even Trump's @TheJusticeDept held that legal position.

justice.gov/archives/open/…

5/Without speculating on whether nuclear info was found at MAL or not, it might be helpful to know where the lines lie with respect to what USG considers "classified" in this arena.

Because of a current prepublication review lawsuit I am handling, I can share that information.

6/Last Oct, we filed #1stAmendment lawsuit against @DeptofDefense for #RichardLawess, a former Deputy Undersecretary, re: his manuscript “Hunting Nukes, A Fifty-Year Pursuit of Atom Bomb Builders and Mischief Makers”.

https://twitter.com/MarkSZaidEsq/status/1453901619922362374?s=20&t=l-g4BP6H5xh_9ICo8giqyA

7/On July 29, we filed rare injunction to compel @DeptofDefense to provide Lawless w/secure, stand-alone computer upon which to draft his opposing declaration & access to #DoD classified declarations.

Oral arguments are scheduled for August 23, 2022.

https://twitter.com/MarkSZaidEsq/status/1553102292487966720?s=20&t=l-g4BP6H5xh_9ICo8giqyA

8/The public versions of DoD's classified declarations reveal interesting info incl by #AndrewWalter, DoD Dep Assist. Sec. for Nuclear Matters. He has original classification authority for Joint Department of Energy/DoD Nuclear Weapons Security Classification Guidance.

9/In his sworn declaration he states:

"All locations, quantities, types, and details of the presence or absence ofU.S. nuclear weapons outside of the United States remain classified"

10/"Only the following few facts have been declassified by a joint DOE/DoD determination as outlined by the Atomic Energy Act: (1) that the United States had nuclear weapons in certain NATO (or other regional defense organization) partners such as Germany and the United Kingdom,"

11/"and more generally in Europe and U.S. Indo-Pacific Command (with no elaboration); (2) that specified Atomic Demolition Munitions and specified Artillery Fired Atomic Projectiles were stored in Germany (excluding any time periods, quantities, or specific sites);"

12/"(3) that U.S. nuclear weapons were deployed on the island of Okinawa prior to its reversion to Japan on May 15, 1972; and (4) that prior to the reversion of Okinawa to Japan, the U.S. government conducted internal discussions, and discussions with..."

13/... Japanese government officials, regarding the possible re-introduction of nuclear weapons onto the island in the event of an emergency or crisis. Otherwise, our allies and partners depend on the U.S. to guard their secrets regarding current or historical presence..."

14/ "...of U.S. nuclear weapons on their national territory. Any unauthorized disclosure of the presence or absence of U.S. nuclear weapons threatens not only our own national security, but the regional security of our partners and allies, ..."

15/"...as well as the credibility of the U.S. and the relationships with our allies and partners."

16/"The Department of Defense has declassified the yields of only a few specified nuclear weapons and remains steadfast on maintaining the classification of yields of all other U.S. nuclear weapons. Any disclosure of the yield of a current or historical U.S.nuclear weapon ..."

17/"...is expected to cause serious damage to national security because it provides adversaries and potential adversaries invaluable information for planning and protecting against the effect of a nuclear detonation, rendering the use of nuclear weapons less effective ..."

END/"... and significantly eroding the credibility and capability of the nation's nuclear deterrent."

More will certainly follow.