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How Government Secrets Are Declassified and Disclosed - The New York Times

posted onMay 16, 2017
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Article snippet: WASHINGTON — The news that President Trump disclosed highly classified information about the Islamic State during a meeting with Russian officials, jeopardizing an ally’s intelligence source, has raised interest in legal issues surrounding disclosures of classified information. The classification system is regulated by executive orders, which presidents periodically update and replace. The current version is Executive Order 13526, which President Barack Obama signed in late 2009. Under its rules, “original classification authorities” — like the heads of various departments and agencies — can normally classify and declassify information “owned” by their organizations. They can then authorize its disclosure to someone who has the proper security clearance and is deemed to need to know it. But the president oversees all the agencies and can also directly exercise his powers. Yes. The designation of information as a restricted national security secret is considered part of the president’s constitutional powers as commander in chief. Because the classified information system was not established and is not regulated by congressional statutes, Mr. Trump has the power to declassify or disclose anything he wants. “The classification system is not based on a law,” said Steven Aftergood, a government secrecy specialist with the Federation of American Scientists. “It is an expression of presidential authority, and that means that the president and his designees decide what i... Link to the full article to read more

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