Too many commentators have blithely accepted the underlying but false proposition that a president may declassify anything he wants simply by handing it to someone or taking it home. Even the New York Times erroneously stated that there is “no Supreme Court precedent” that would limit a president’s power to declassify any documents he chooses to release. The Times notes that, as commander-in-chief of the armed forces, the president is the ultimate “classifying authority” and, it is inferred, he may declassify anything, anytime. These commentators merely take issue with Trump’s contention that he did so with the files that he spirited off to Mar-a-Lago.
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