An erratum on my part. I'm specifically speaking about procedure. All the more reason to hold the trial so we can know for sure what SCOTUS can rule on.
In all cases, however, a formal procedure is required so governmental agencies know with certainty what has been declassified and decisions memorialized. A federal appeals court in a 2020 Freedom of Information Act case, New York Times v. CIA, underscored that point: “Declassification cannot occur unless designated officials follow specified procedures,” the court said.
As the new ABA Legal Fact Check notes, the extent of a president’s legal authority to unilaterally declassify materials — without following formal procedures — has yet to be challenged in court.
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