22 September 2022

Biden could reclassify

In all the commentary on declassification, it should be constantly reiterated and kept in mind that President Biden can (and perhaps should) reclassify anything that Trump supposedly declassified... even without specifying exactly what it might have been. Trump is not being accused of mishandling classified records, so any issue of whether the records he stole bearing classification markings are or are not currently classified could be easily and speedily resolved by an order identifying all documents bearing classification markings taken or at any time in the possession of Trump or anyone associated with him on or after January 20, 2021 and declaring all such documents to be classified according to the markings they originally bore, regardless of any allegation by Trump or others that they were at any time declassified. I can discern no argument that Biden does not have the absolute power to do this, and it would protect all such documents from inadvertent or illegal disclosure by anyone. And this would include any documents Trump still has in his possession. 

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