“The President has the authority to declassify documents that are otherwise currently and properly classified. The President has not exercised this authority with respect to any of the FD-302s remaining at issue in this case,” the DOJ wrote in its opposition motion to the news organizations, referring to FBI witness interview notes.
“The Court cannot infer that any such sweeping order exists based on the President’s Twitter statements because they merely suggest that the President ‘authorized’ the ‘declassification’ of unspecified information. The Twitter statements do not refer to any specific document and do not indicate that the President was exercising his Constitutional authority to declassify specific information. They were not an order to declassify particular material.”