Declassification

“ The declassification of information if the appropriate authority within the Executive branch determines that the Government's interest in continuing to protect such information is outweighed by the public's interest in having the information made available. (3) The automatic declassification of information that is more than 25 years old unless such information is within a category designated by the President as requiring document-by-document review to identify that information whose disclosure to unauthorized persons would clearly damage the national security. ”

“ To advise the President, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials as the Board considers appropriate on the systematic, thorough, coordinated, and comprehensive identification, collection, review for declassification, and release to Congress, interested agencies, and the public of declassified records and materials (including donated historical materials) that are of archival value, including records and materials of extraordinary public interest. ”

“ Accordingly. he has directed lawyers and national security staff to assess the declassification request, consistent with established standards governing the handling of classified information, including those under Section 3.1 (d) of Executive Order 13526. ”

“ The Archivist of the United States shall have authority to review and declassify information and material which has been classified by a President, his White House Staff or special committee or commission appointed by him and which the Archivist has in his custody at any archival depository, including a Presidential Library. Such declassification shall only be undertaken in accord with:
Sec. ”

“ The Archivist shall establish procedures for the declassification of presidential, vice-presidential, or White House materials transferred to the legal [] Page 37265 [] custody of NARA or maintained in the presidential libraries. (c) Classified information in the custody of contractors, licensees, certificate holders, or grantees. Pursuant to the provisions of the National Industrial Security Program, agencies must provide security classification/declassification guidance to such entities or individuals who possess classified information. ”

“ An agency head or senior agency official must consult with the Director of ISOO on any decision to delay automatic declassification of newly discovered records no later than 90 days, from the discovery of the records. The notification shall identify the records, their volume, the anticipated date for declassification, and the circumstances of the discovery. An agency may be granted up to three years from the date of discovery to make a declassification, exemption, or referral determination. ”

“ The identity of the declassification authority, by name and position, or by personal identifier, or the title and date of the declassification guide. If the identity of the declassification authority must be protected, a personal identifier may be used or the information may be retained in agency files. (3) The date of declassification; and (4) The overall classification markings that appear on the cover page or first page shall be lined with an ``X ́ ́ or straight line. An example might appear as: SECRET Declassified by David Smith, Chief, Division 5, August 17, 2008 Sec. ”

“ Accordingly, the Committee's request to release the Memorandum is interpreted as a request for declassification pursuant to the President's authority.
The President understands that the protection of our national security represents his highest obligation. ”

“ Reproduction shall be accomplished by authorized persons knowledgeable of the procedures for classified reproduction; (2) Unless restricted by the originating agency, Top Secret, Secret, and Confidential information may be reproduced to the extent required by operational needs, or to facilitate review for declassification ”

“ The senior agency official shall determine the means and methods for the conduct of self-inspections. (1) Self-inspections should evaluate the adherence to the principles and requirements of the Order and this directive and the effectiveness of agency programs covering original classification, derivative classification, declassification, safeguarding, security violations, security education and training, and management and oversight. ”

“ In the case of classified information or material officially transferred by or pursuant to statute or Executive order in conjunction with a transfer of function and not merely for storage purposes, the receiving Department shall be deemed to be the originating Department for all purposes under this order including downgrading and declassification. ”

“ When forwarding or replying to an e-mail, individuals shall ensure that, in addition to the markings required for the content of the reply or forward e-mail itself, the markings shall reflect the overall classification and declassification instructions for the entire string of e-mails and attachments. ”

“ Opponents of declassification argue that America’s enemies could learn about intelligence capabilities by tracking the top-line appropriations figure.Yet the top-line figure by itself provides little insight into U.S. intelligence sources and methods.The U.S. government readily provides copious information about spending on its military forces, including military intelligence. ”

“ The date of this action shall constitute a new date of origin insofar as the downgrading or declassification schedule (paragraph (a) above) is concerned.’’ ‘‘ (h) ⁠ Departments and Agencies Which Do Not Have Authority for Original Classification.⁠The provisions of this section relating to the declassification of defense information or material shall apply to departments or agencies which do not, under the terms of this order, have authority for original classification of information or material, but which have formerly classified information or material pursuant to Executive Order No. ”

“ The Director shall: (1) develop, in consultation with the agencies, and promulgate, subject to the approval of the National Security Council, directives for the implementation of this Order, which shall be binding on the agencies; (2) oversee agency actions to ensure compliance with this Order and implementing directives; (3) review all agency implementing regulations and agency guidelines for systematic declassification review. The Director shall require any regulation or guideline to be changed if it is not consistent with this Order or implementing directives. ”

“ Equity refers to information: (1) Originally classified by or under the control of an agency; (2) In the possession of the receiving agency in the event of transfer of function; or (3) In the possession of a successor agency for an agency that has ceased to exist. (h) Exempted means nomenclature and markings indicating information has been determined to fall within an enumerated exemption from automatic declassification under the Order. (i) Facility means an activity of an agency authorized by appropriate authority to conduct classified operations or to perform classified work. ”

“ It is because the word process, instead of habeas corpus, is used, that your law does not suspend the writ of freedom! In vain may the prisoner plead that he is not the person mentioned in the certificate; in vain may he offer to show that the certificate is a forgery; in vain may he urge that the man who signed the certificate was not a commissioner. The little piece of paper costing ten dollars is to save the slave-catcher from "all molestation," not because the writ of habeas corpus is suspended,—O, no! ”

“ To allow a document which was placed in the files of the Government at the instance of a high officer of State to be attacked and discredited because of the doubts and suspicions of individuals, no matter how eminent and intelligent, would be a monstrous abuse of authority which can not be upheld in either law or morals. ”

“ On the contrary, we think that the spectacle of the exclusion en masse from that service of a body of citizens otherwise highly desirable in point of intelligence and character-solely by reason of their employment by the Government-and the imposition in consequence of a heavier burden upon other citizens, whether that exclusion would be in deference to a supposed ancient rule or because of a conclusive presumption of bias against an accused, would constitute a serious reproach to the competency and efficiency of the administration of the system of jury trials. ”

“ It would be difficult to deny the existence of a constitutionally criminal class, a persistently perverse element, which is the born foe of all law and order, at war with every form of social and political organization and whose permanent attitude of mind is that of the Irishman, who, on landing in New York, inquired: “Have ye a government here?” ”

“ In treating this topic, the commissioner makes one assertion that seems insane. He says that, to authorize the delivery of a fugitive from justice, in order to his removal, “it must be proved that he has committed a crime.” Such a declaration was never made before, and I do not believe it will be ever made again. You could not find a lawyer south of Mason and Dixon’s who would venture to say this. Every body knows that the supposed criminal needs only to be charged with crime. It is the alleged slave who must be proved to be held to service before he can be constitutionally surrendered. ”

“ That all State laws which conflict with the Fugitive Slave Acts of Congress, or any other Constitutional Acts of Congress, or which, in their operation, impede, hinder, or delay, the free course and due execution of any of said Acts, are null and void by the plain provisions of the Constitution of the United States; yet those State laws, void as they are, have given color to practices, and led to consequences, which have obstructed the due administration and execution of Acts of Congress, and especially the Acts for the delivery of Fugitive Slaves ”

“ Most courts have refused to convert what would otherwise be ordinary state-law claims for false imprisonment or malicious prosecution or assault and battery into civil rights cases on the basis of conclusory allegations of constitutional violation. ”

“ The populace, instigated by the opposition leaders, took the part of the prisoner, and the jury acquitted him. At once the opposition press heaped obloquy upon the administration, for having attempted what they were pleased to call an unlawful measure. They asked, scornfully, “What law had been offended, and under what statute was the indictment supported? Are the American people already prepared to give to a proclamation the force of a legislative act, and to subject themselves to the will of the executive? ”

“ But decoys are not permissible to ensnare the innocent and lawabiding into the commission of crime. When the criminal design originates, not with the accused, but is conceived in the mind of the government officers, and the accused is by persuasion, deceitful representation, or inducement lured into the commission of a criminal act, the government is estopped by sound public policy from prosecution therefor.' These quotations sufficiently indicate the grounds of the decisions above cited. ”

“ In the present climate of public opinion it appears certain that the Attorney General's much publicized findings, regardless of their truth or falsity, are the practical equivalents of confiscation and death sentences for any blacklisted organization not possessing extraordinary financial, political or religious prestige and influence. ”

“ In this opinion, we neither prescribe nor proscribe possible ways in which the government may demonstrate the reliability of its evidence. We merely reject the government’s contention that it can prevail by submitting documents that read as if they were indictments or civil complaints, and that simply assert as facts the elements required to prove that a detainee falls within the definition of enemy combatant. ”

“ The first class, under which count 3 is drawn, is the offense of making or conveying false statements or reports with intent to interfere with the operations or success of the military and naval forces. The second, involved in counts 2 and 6 is that of attempting to cause insubordination, disloyalty, mutiny, or refusal of duty. With the third, that of obstructing the recruiting and enlistment service, we have, since the abandonment of the first count, no concern here. ”