TheRegister is obviously a liberal hack controlled rag
And performed little to know actual journalism when writing this article.
The Presidential Records Act of 1978, 44 U.S.C. §§ 2201–2209, is an Act of the United States Congress governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all presidential records.(https://uscode.house.gov/view.xhtml?path=/prelim@title44/chapter22&edition=prelim) It states "Nothing in this Act shall be construed to confirm, limit, or expand any constitutionally-based privilege which may be available to an incumbent or former President."
An ABA Legal Fact Check posted Oct. 17 (https://abalegalfactcheck.com/articles/declassified.html) explains, legal guidelines support his contention that presidents have broad authority to formally declassify most documents that are not statutorily protected, while they are in office.
However, under the U.S. Constitution, the president as commander in chief is given broad powers. Sections 2 and 3 define specific presidential powers and duties. Section 2, Clause 1 describes exclusive presidential powers: namely, the Commander in Chief authority, the power to require written opinions from the heads of executive departments, and the pardon power.
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
The legal basis for the classification system comes from the president’s constitutional authority as commander in chief. Presidents have established and developed it through a series of executive orders dating to the era encompassing World War II and the early Cold War. The current directive, Executive Order 13526, was issued by President Barack Obama in 2009.(https://obamawhitehouse.archives.gov/the-press-office/executive-order-classified-national-security-information)
Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by:
(1) the President and the Vice President;
(2) agency heads and officials designated by the President; and
(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.
(b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority.
(2) "Top Secret" original classification authority may be delegated only by the President, the Vice President, or an agency head or official designated pursuant to paragraph (a)(2) of this section.
(3) "Secret" or "Confidential" original classification authority may be delegated only by the President, the Vice President, an agency head or official designated pursuant to paragraph (a)(2) of this section, or the senior agency official designated under section 5.4(d) of this order, provided that official has been delegated "Top Secret" original classification authority by the agency head.
So, to summarize, The President is the Commander in Chief and owns his documents. He owns classification of his documents and the delegation of that power remains with him only if and until he passes the documents to the Archivist of his Presidential records.
Reread the last 2 sentances. This is by the Constitution and the Law.
Unless the President releases his ownership the raid on his residence and the illegal seizure of HIS documents is both illegal and un-Constitutional. Any charges related to HIS documents are therefore baseless and without merit.
The weaponization of the FBI and the DOJ by "President" Biden is the real story here. Where is the equivalent to this travesty of a "story": for the 1000+ boxes of the Top Secret and Confidential documents found in Biden's unsecured garage and in a facility owned by a Chinese National?
Whatever hack was allowed to publish this tripe should be seen for exactly what he is. A brainwashed liberal repeating the Democrat story line and ignoring the rule of Law and the US Constitution.
Biting the hand that feeds IT
