how the intelligence documents were declassified

So, Bush claims that he declassified the intelligence before he released it, or that he has superpowers that cause intelligence to be magically declassified as he releases it, or that it was still classified and he just "forgot" to keep it secret, or that he used his time machine to retroactively declassify the intelligence. Or something. I've been wondering about this for awhile. In all the noise, no one seemed to be addressing the question of how intelligence gets declassified, what the actual procedure is. Today, I found this article which answered my question:

------ snip ---

Power to disclose

About 4,000 people in the federal government have authority to classify information, according to the National Archives. The president and vice president have the power to declassify information, according to an executive order Bush updated as recently as March 2003.

The president's authority to keep and reveal secrets also is inherent in his constitutional powers, said J. William Leonard, director of the National Archives' Information Security Oversight Office, and the president doesn't have to follow any particular procedure in declassifying information.

"It's his authority in the first place," Leonard said.

Bush's use of classified information may create a political problem for him, but it's not a legal issue, said Mark Zaid, a Washington lawyer who frequently represents CIA employees and others in national security issues.

As the author of the executive order governing how information is classified, Bush can declassify something simply by declaring so, Zaid said.

--- snip ---


According to this, Bush wrote an EO that granted him superpowers to declassify. End of story. What a surprise. WHPS Scott McClellan must know this. I wonder why Scotty would take heat from the press over declassification. Scotty could just say, "Fellas. It's an EO. Done deal. Bush rules. Move on." Why doesn't Scotty admit that? Why doesn't Bush admit it? Does it look bad to admit to granting yourself whatever the hell powers you choose?

Does anyone know what EO granted Bush these powers? Is the EO available as public record? Can we read it? Can legal challenges be made against an EO? Any experts out there?

For what it's worth, he does have authority to declassify anything he wants to declassify.

Sadly, I'm afraid the law (granted without question by a history of EO's) may agree with you:
http://www.dailykos.com/storyonly/2006/2/16/104857/925

This section is particulary distressing:
"Prior to March 25, 2003, the authority to unilaterally classify and perhaps declassify info was vested solely in the President. However, with Executive Order 13292, President Bush greatly expanded Vice-Presidential power. He changed many sections throughout his original order, each time granting Cheney the authority to exercise the same power as the President."

Yay for Executive Orders.

Why is it distressing beyond the implied fact that you despise the two of them? Why shouldn't the VP have this power in the absence of the P? It has always been the power of the P seeing as it is the highest office. Not like god can say hey this is secret.

Incidentally little known fact there is also a ceremony involved. The Pres holds the documents in clenched fists, spins around on his heels and chants "I break with thee, I break with thee, I break with thee". *poof* instant front page headlines in the Washington Post.

Yes, its very handy for Boy George W. Bush, the Bible Thumping Liar. He gets mad and exposes the identities some of our best spies, then to keep from going to Jail, he says he de-classified them. Boy oh boy, I can't wait till Georgie stands before Jesus to explain all his lies and sins

WOOT

God, Bush has to be the biggest Liar ever.

My despisal is more than implied. But, I don't think it clouds my judgement on this issue. I'll give you the benefit of the doubt and suppose that your question reflects your honest distress that I could despise Bush and Cheney and isn't just the old debate tactic of "attack the messenger."

Whatever your intent, I feel that your question distracts from the issue at hand and raises an appeal to emotion that clouds debate. I'll address your question, but let's try and stay on message if we can.

On the issue of my despisal and your distress (if indeed you were expressing genuine distress at my despisal and not just appealing emotionally to our "audience" here in the forums), I feel your pain. Hate is distressing. I can tell you that my Mamma worked to teach me not to hate anyone. She maintained that everyone is human, and just doing the best they can. To really hate anyone brings you down.

There's truth in that. On the other hand, I think we can consider the metrics of trust and respect. A man deserves the trust and respect he earns. To despise a man offhand, before you've had any dealings with him, is small minded and dangerous. To continue to respect and trust a man, after he has shown you the complete opposite in kind, is not a plan for survival.

Are you catching where I'm coming from? We could have a back and forth about how Bush and Cheney have mistreated the American people and the Constitution and civil rights and due process and the rule of law and Congress and the environment and "enemy combatants" and the truth itself. We could argue the impact of this administration, pro and con. I imagine it would come down to opinion. My opinion, my feeling, my gut, my sense of what it means to be a man, tells me that Bush and Cheney have EARNED every last bit of my disgust. They continue to disgust me. They continue to demonstrate to me that they absolutely cannot be trusted and that they have zero respect for anything resembling a Constitutional Democracy.

That, my friend, is distressing.

The rest of your post is inaccurate, condescending and distracts more than it informs.

Quote: "It has always been the power of the P seeing as it is the highest office. Not like god can say hey this is secret."

No, it hasn't "always been the power of the P." In my earlier post, I conceded that the law is, sadly, on the side of unitary executive power in matters of intelligence declassification. I also provided a link to an article which shows that such power was introduced in the 1950's by President Truman. The President has not always had such power. Even if the President HAD always had such power, historical fact would hardly justify continuing the abuse.


Quote: "Incidentally little known fact there is also a ceremony involved. The Pres holds the documents in clenched fists, spins around on his heels and chants "I break with thee, I break with thee, I break with thee".

This "straw-man" paragraph of your post is probably intended to paint those who question the President's power as reactionary kooks who view the President as part of a secret cabal of occult plotters. Ooga Booga! This paragraph comes off as a bit ironic when one knows that the President is a real, card carrying member of the Skull and Bones fraternity and The Bohemian Club, secretive groups where public policy is decided behind closed doors. Whether these groups sacrifice chickens or not is irrelevant. The FACT that these groups broker power and make decisions in a method inimical to Democracy is spooky enough. Ooga Booga.


Now, can we argue the issues?