does a pres have the legal right to authorise the public release of

[Ksec]

Poll question: does a pres have the legal right to authorise the public release of

covert intelligence regardless of classification?

I really would like to know the accurate answer to this question. If any of you DUers know , please tell me.

[htuttle]

1. The way I understand it

The President can declassify information that has been classified by the Executive Branch, although there are standing Executive Orders regarding the procedure they need to follow to do so.

The President cannot declassify information that has been classified by another branch of government, such as by a Congressional statute, etc...

I think the NIE might be classified by the Executive Branch, hence the President can declassify it. Covert agents identities are classified by Congressional statute, hence the President cannot declassify them.

At least that's how I currently understand it.

[JuniperLea]

3. That's my take too

It's all part of the separation of powers.

[TheWraith]

4. That's more or less correct.

NO ONE, period, has the power to unilaterally declassify information which is protected by law. This includes the identity of a CIA operative.

The office of the President does have the power to change or revoke executive orders which may make certain data classified. This isn't exactly the same as having the power to declassify, but the effect is similar. (Assuming that the info is ONLY classified by the EO, nothing else.)

I don't know what protection the NIE enjoyes.

[htuttle]

7. I'm not so sure about the status of the NIE either

The NIE is a report that Congress requests on specific matters from the Executive Branch. Lots of agencies are involved in coming up with it. They're all Executive Branch agencies, but some have statuatory classifications, such as CIA and DOD.

I suppose that it's classification status might depend on what is actually in it.

[Sgent]

10. Executive Orders

do not apply in the face of a presidential order.

A president can recind, ignore, or skirt any exec order at any time for any reason.

[Warren Stupidity]

12. By signing another order.

His actions do not in themselves constitute an override of an order or a new order.

[Warren Stupidity]

11. Yes but he has to declassify it first.

And that is a formal procedure requiring a Declassification Guide. He cannot simply start handing classified documents out as souveniers on a whim, and then decide to declassify them later using the formal legal procedure, and then claim that he hasn't violated the law. Which is essentially what he did and is doing.

[Ian David]

2. There are procedures to release classified data that even HE must follow

Which he did not.

And even if it were somehow legal...

HE LIED ABOUT IT UNDER OATH AND COST THE AMERICAN TAXPAYERS MILLIONS OF DOLLARS TO INVESTIGATE WHO THE LEAKER WAS... WHEN IT WAS BUSH ALL ALONG!

NO ONE DIED WHEN CLINTON LIED.

[madmom]

5. At the very least her boss ,Tenet, and she should have been made

aware of the situation so she could be taken out of harms way and any of her colleagues who might be in danger could disappear.As far as I can tell they weren't.

[LSK]

6. see this link

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=863042

In addition, I think John Dean pointed out yesterday that nobody at FBI or CIA knew that stuff was declassified and the President didnt go through proper channels.

[MazeRat7]

8. Yes... and you can't have it both ways.....

On one hand folks are pissed about secrecy and obfuscation on the other hand the lack of a public information release. I know when I was protesting in Austin against the war, my sign read.. "Prove It!".

It is my understanding that the Prez can authorize the release of ANY information previously deemed "classified" at any time. If not, that would imply that there are "secrets" that we the "common folk" should never know... why? Personally I think there is nothing the gov knows that we should not. But of course they don't see it that way. Again why?

Because "secrets" (eg classified information) are just another way to secure power. No secrets... no power. When was the last time someone told you a "secret" and you felt "privileged" or "empowered" ? Thats what secrets do.

That being said, this release was about power... about undermining the credibility of a negative report (wilsons op-ed) and providing support for something that was insupportable (invading Iraq).

MZr7

[BuyingThyme]

9. They made up the declassification argument after the fact.

It's more than obvious.