Thread by @ofiresearch

THREAD: #TrumpIndictment

1. @Reuters has published an article arguing about Mr. Trump violating the Atomic Energy Act by retaining Nuclear National Defense Information (NDI), document 19 of 31. Here is some analysis:

reuters.com/world/us/trump…

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2. First of all, a former President - not just Mr. Trump - is governed by the Presidential Records Act, pertaining to any documentary material(s) they take with them after leaving office. Secondly, the Atomic Energy Act (AEA)...

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3. ...is not Amended into the PRA & is not applicable to a former President. However, let's assume it is; the AEA states the following definition of Restricted Data (below): "shall not include data declassified *OR* removed from Restricted Data category."

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4. "Formerly Restricted Data" is not listed in the Definitions section of the AEA, however the DoE's Office of Scientific & Technological information defines it this way (top) & underlined part (bottom) is where the statutory language is found in the AEA.

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5. Let's start with the definition of Restricted Data: "shall not include data declassified *OR* removed from Restricted Data (RD) category." And, Formerly Restricted Data (FRD) is "classified information *removed* from the Restricted Data category"...

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6. The @Reuters article argues that the document Mr. #Trump retained was not "declassified" in accordance with with the AEA; but according to the formal and informal definitions of RD & FRD, respectively, the document in question (19 of 31) *was* declassified...

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7. @Reuters' article makes the argument even though document 19 of 31 is marked FRD, it is still classified; however, this is untrue. "Classified" or "Declassified" are defined by Executive Order & NOT the Atomic Energy Act. The AEA implies....

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8. ...that after the DoE & DoD jointly agree (i.e. the formal process) to remove the data from RD, the unrestricted data or FRD is effectively in the same category as data that is "declassified" via use of same formal process as removing the data from RD.

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9. Considering Executive Order (EO) 13526 is genesis of classification markings, the use of "Classified" in the AEA is NOT the same as the definition of "Classified" in the EO. Therefore, the claim that FRD is still "Classified" is conflation & unfounded.

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10: There is no formal definition of "Classified" or "Formerly Restricted Data" in the Atomic Energy Act. Document 19 of 31 is marked FRD & by virtue of the DoE & DoD *removing* the data from RD to FRD, they have technically "declassified" the data/info.

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11. Sec. 142. of the AEA clearly states that when data, that is within the definition of Restricted Data, is removed from the category of RD it *is* declassified - "shall thereupon cause such data to be declassified *and* removed from category of RD"...👀

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12. An interesting note @Reuters left out is the Atomic Energy Commission has been dissolved since the 1970's. That is, the entity responsible, according to the AEA law for "classification," does not exist anymore. That alone renders the argument moot. 💯

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