https://amgreatness.com/2022/08/29/one-giant-problem-with-the-fbis-mar-a-lago-raid/
Link states status quo on the question of Presidential classification authority, giving an example I have cited here previously:
"...But in 2017, there were still a few adults at the Washington Post who felt the need to educate the public. Another headline read, "No, Trump did not break the law in talking classified details with the Russians," adding, "The president is essentially the ultimate arbiter of what is classified and what is not. While the heads of particular agencies also have original classification authoritythe power to deem material classified or not classifiedtheir authority is limited to their departments and bound by their departments' particular rules."
"When it comes to classification issues and those kinds of things, he's not above the law," defense attorney Edward B. MacMahon, Jr., told the Post. "He basically is the law."
In other words, Trump did not break the law by revealing classified information to the Russians because the president is the ultimate authority over what is classified. He can reveal or share anything with anyone regardless of its security classification. He doesn't need to follow any procedures or make the decision in writing. If the person with whom he shares the information is not "cleared" to access that classified information, then the classification is automatically modified to permit such access. All that's needed is something that clearly demonstrates the president's intent to share or otherwise dispose of the classified information. Thus, the moment the president told the Russians about the terrorist plot, those Russians were legally allowed to possess the information...."
...and then goes on to make the appropriate connection:
"....When those trucks arrived at Mar-a-Lago, Donald Trump was still president. The decision to repose classified documents in Mar-a-Lago was a presidential decision. Joe Biden might not have agreed with Trump's decision keep these records after leaving office. But this situation is no different than Trump's decision to share intelligence with the Russians. He made an executive decision to repose classified documents in his personal residence...."
Garland chose to make a political issue out of this by not waiting until after the mid-terms. After the mid-terms are done, he might chose to de-escalate by announcing he will not seek indictment. That would be a step toward addressing growing public concern over politicization in the DOJ/FBI. Or he could proceed with indictment and set of a titanic constitutional crisis which would require SCOTUS to end. That is a high risk gamble, as it might or might not be settled by election day 2022. (HINT: this SCOTUS is not likely to allow a former POTUS to be prosecuted over something that has traditionally been an implicit power of the office.) So escalation to push this issue into the 2024 elections risks a humiliating defeat in an election year.
For those reasons, in normal politics, Garland could be expected to withdraw after the mid-terms.
But we are not in "normal politics."
We are in "regime politics."
Democrats genuinely appear to believe their own propaganda, that they are defending the realm from fascism.
Prepare for a bumpy ride.
Link states status quo on the question of Presidential classification authority, giving an example I have cited here previously:
"...But in 2017, there were still a few adults at the Washington Post who felt the need to educate the public. Another headline read, "No, Trump did not break the law in talking classified details with the Russians," adding, "The president is essentially the ultimate arbiter of what is classified and what is not. While the heads of particular agencies also have original classification authoritythe power to deem material classified or not classifiedtheir authority is limited to their departments and bound by their departments' particular rules."
"When it comes to classification issues and those kinds of things, he's not above the law," defense attorney Edward B. MacMahon, Jr., told the Post. "He basically is the law."
In other words, Trump did not break the law by revealing classified information to the Russians because the president is the ultimate authority over what is classified. He can reveal or share anything with anyone regardless of its security classification. He doesn't need to follow any procedures or make the decision in writing. If the person with whom he shares the information is not "cleared" to access that classified information, then the classification is automatically modified to permit such access. All that's needed is something that clearly demonstrates the president's intent to share or otherwise dispose of the classified information. Thus, the moment the president told the Russians about the terrorist plot, those Russians were legally allowed to possess the information...."
...and then goes on to make the appropriate connection:
"....When those trucks arrived at Mar-a-Lago, Donald Trump was still president. The decision to repose classified documents in Mar-a-Lago was a presidential decision. Joe Biden might not have agreed with Trump's decision keep these records after leaving office. But this situation is no different than Trump's decision to share intelligence with the Russians. He made an executive decision to repose classified documents in his personal residence...."
Garland chose to make a political issue out of this by not waiting until after the mid-terms. After the mid-terms are done, he might chose to de-escalate by announcing he will not seek indictment. That would be a step toward addressing growing public concern over politicization in the DOJ/FBI. Or he could proceed with indictment and set of a titanic constitutional crisis which would require SCOTUS to end. That is a high risk gamble, as it might or might not be settled by election day 2022. (HINT: this SCOTUS is not likely to allow a former POTUS to be prosecuted over something that has traditionally been an implicit power of the office.) So escalation to push this issue into the 2024 elections risks a humiliating defeat in an election year.
For those reasons, in normal politics, Garland could be expected to withdraw after the mid-terms.
But we are not in "normal politics."
We are in "regime politics."
Democrats genuinely appear to believe their own propaganda, that they are defending the realm from fascism.
Prepare for a bumpy ride.