Presidents have an unusual degree of authority to declassify documents. However, there’s legal precedent countering former President Donald Trump’s assertion on Fox News that he can “declassify just by saying it's declassified.”
: "There doesn't have to be a process, as I understand it. You know, there's — different people say different things, but as I understand there doesn't have to be. If you're the president of the United States, you can declassify just by saying it's declassified. Even by thinking about it, because you're sending it to Mar-a-Lago or to wherever you're sending it. And there doesn't have to be a process. There can be a process, but there doesn't have to be.
We found at least three earlier court cases that back up the notion that in-brain declassification is unlikely to pass judicial muster. Each of these three cases involved instances in which Trump or the White House issued something tangible, such as a tweet or a news release, that discussed declassification. By contrast, Trump told Hannity that he could essentially declassify in his head without any documentation at all — an action even less tangible that what multiple courts have already rejected.
It’s impossible to know how any court will rule in the future, but legal experts said these three cases collectively provide a strong argument against the powers Trump claimed to Hannity. unusual degree of authorityThe president, as commander in chief, is ultimately responsible for classification and declassification.
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