|
subsections of the executive go through. I presume each produces their own internal guide, since they--by executive order--are in charge of the process.
Warren's ultimately asking a series of questions. One is, If the prez issues an Executive Order saying X is binding on the executive branch under his control is it also binding on him? Well, obviously not in the last analysis, because he could just issue another EO overriding the first. It doesn't take any great legal skill or education to know that if you can reverse an order it's ultimately not binding on you. But let's not go to the 'last analysis'.
So, Did the EO Clinton signed (and which was reaffirmed, with amendments, by *) limit his own authority to classify and declassify? Well, it delegates responsibility to subsections of the executive, stipulates the process for those subsections to classify and declassify, and says that each subsection's authority over its own decision cannot be overriden by a different subsection. I don't think it discusses presidential authority or procedures to be followed; I simply don't know if there are other procedures that are codified for that. Most of the media consensus implies that delegation of authority doesn't automatically denote loss of authority.
So the question then becomes, Does declassification by the prez of things classified by the executive require a written order, or is a verbal order sufficient? Aye, there's the rub. Unless a procedure's been codified, it's anybody's guess.
|