Anonymous ID: 5c4f04 June 15, 2023, 10:40 a.m. No.19012082   🗄️.is 🔗kun   >>2199

>>19011862

>Classification levels do not automatically make something NDI, and having classified documents in your possession is not enough to convict here.

Department of the Navy v. Egan, 484 U.S. 518 (1988)

JUSTICE BLACKMUN delivered the opinion of the Court:

"The President, after all, is the "Commander in Chief of the Army and Navy of the United States." U.S.Const., Art. II, § 2. His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant. …The authority to protect such information falls on the President as head of the Executive Branch and as Commander in Chief."

"As to these areas of Art. II duties, the courts have traditionally shown the utmost deference to Presidential responsibilities." United States v. Nixon, 418 U. S. 683, 418 U. S. 710 (1974). Thus, unless Congress specifically has provided otherwise, courts traditionally have been reluctant to intrude upon the authority of the Executive in military and national security affairs. See, e.g., Orloff v. Willoughby, 345 U. S. 83, 345 U. S. 93-94 (1953); Burns v. Wilson, 346 U. S. 137, 346 U. S. 142, 346 U. S. 144 (1953); Gilligan v. Morgan, 413 U. S. 1, 413 U. S. 10 (1973); Schlesinger v. Councilman, 420 U. S. 738, 420 U. S. 757-758 (1975); Chappell v. Wallace, 462 U. S. 296 (1983)."

https://supreme.justia.com/cases/federal/us/484/518/