... for hagel's statement 4 years ago as well.
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i.e., it's different when potus does it. but ianal.
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it remains a huge governance issue, regardless of if POTUS didn't want it classified anymore. not certain it makes Glomar "less difficult"
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no stronger argument that exec branch has no interest in keeping program classified anymore than when the chief executive acks it.
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Under
@aclu precedents in Awlaki suit Hagel's formal testimony likely to have greater bearing than a tweet (tho new precedents under Trump)2 replies 0 retweets 0 likes -
Replying to @emptywheel @empiricalerror and
Tho Trump would be OCA in way Hagel was not.
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Replying to @emptywheel @empiricalerror and
That said not at all interested in pretending that program secret OR still unacknowledged just for gotcha v Trump. That's counterproductive
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Replying to @emptywheel @denkiii and
i agree. i'm actually interested in the legal question.
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Replying to @empiricalerror @denkiii and
Read the Awlaki FOIA filings. Pretty analogus case and in a circuit where actual underlying Finding was deemed classified.
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Replying to @emptywheel @denkiii and
i've read them (been a while tho). my interest here is in the potus as oca / declassification via tweet question.
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Likely will depend on suing in venue with prior Court ruling in his tweets. But cia will fight for edva.
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