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Rigel
Nov 11, 2016

TGLT posted:

Except I'm pretty sure that's not how it works. This level of classification and this server were chosen specifically to prevent congressional access. I'm fairly certain any other level of classification is perfectly accessible by congress.

Plus I think "he is on record doing big crimes" is a fairly compelling reason. This isn't just Trump said an embarrassing thing, this is Trump extorting countries or acknowledging and okaying election interference.

He's not on record doing crimes in these other, unrelated discussions. Their reasons were obstensibly "we wanted to stop leaks", which is improper, and they need to be reclassified to the proper level.

The reason why code-wording these conversations is bad is because our IC and high-ranking diplomats of the relevant countries needs to know about these conversations, and putting them in these unnecessarily high levels of secrecy makes it harder to do their jobs and puts our national security at risk.

The members of the intelligence committees have security clearances, but just because you have the right level of clearance doesn't mean you get to see it. You also need to have a need to know. If you are an analyst in charge of the middle east or a diplomat to Saudi Arabia and the president had an important relevant conversation, you might get access to it so you can do your job and might need to know all the details of that conversation. If you are Burr or Schiff, you dont get to see them because you don't have a need to know. If something relevant to national security was said, it can be picked out, summarized, and included in their briefings by an IC analyst. In this case all we have is a suspicion that Trump probably said something politically dumb, but not illegal.

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FizFashizzle
Mar 30, 2005







This is like a firesale from that Die Hard movie, except real and about the President.

TGLT
Aug 14, 2009

Dapper_Swindler posted:

i mean can't IC just reclasify them as lower classification if it turns out a bunch of them are hidden because of crimes.

Oh, I have no clue. That politico link I posted above makes it seem unclear if the IC can override the president on this one. Maybe? Man I don't loving know.

I do know that with the allegations out there it's pretty much A. refuse to release transcripts and convince the public the reporting is legit or B. release the transcripts and probably confirm the reporting is legit.

The Glumslinger
Sep 24, 2008

Coach Nagy, you want me to throw to WHAT side of the field?


Hair Elf

TGLT posted:

As far as I can tell, congress has access to documents that are classified as Top Secret, and these transcripts are Code Word classified which is sort of a compartmentalized subset of Top Secret. There isn't anywhere higher to go, at most they could try to shuffle them around which would probably make it clear to any judge that this poo poo isn't legit.

This reminds me of the old Cheney days of the fake "Treat as Top Secret" classification they used to hide a ton of poo poo.

QuoProQuid
Jan 12, 2012

Tr*ckin' and F*ckin' all the way to tha
T O P

the argument will be that the server contains sensitive information about the president's dealings with foreign heads of state and to reveal anything on it, even the alleged conversations, would pertain to matters of executive privilege and permanently undermine the executive's ability to conduct diplomacy. consider it a modern update to nixon's argument for why he couldn't release his oval office tapes.

now, given that the call is now public knowledge, that trump and his personal lawyer have confirmed elements of the call, and the white house has released a summary version, i doubt this argument would be legally sound. but the idea is probably not to make a legal argument (beyond delaying) so much as it is to make a political one that republicans can rally around

Party Plane Jones
Jul 1, 2007

by Reene
Fun Shoe
https://twitter.com/CNN/status/1177754813213356032

UK also speedrunning collapse of their government

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

TGLT posted:

Oh, I have no clue. That politico link I posted above makes it seem unclear if the IC can override the president on this one. Maybe? Man I don't loving know.

I do know that with the allegations out there it's pretty much A. refuse to release transcripts and convince the public the reporting is legit or B. release the transcripts and probably confirm the reporting is legit.

i mean i feel like now that impeachment is on, the House can probably figure out which ones they need. plus leaks will come out.

Stereotype
Apr 24, 2010

College Slice

Rigel posted:

He's not on record doing crimes in these other, unrelated discussions. Their reasons were obstensibly "we wanted to stop leaks", which is improper, and they need to be reclassified to the proper level.

The reason why code-wording these conversations is bad is because our IC and high-ranking diplomats of the relevant countries needs to know about these conversations, and putting them in these unnecessarily high levels of secrecy makes it harder to do their jobs and puts our national security at risk.

The members of the intelligence committees have security clearances, but just because you have the right level of clearance doesn't mean you get to see it. You also need to have a need to know. If you are an analyst in charge of the middle east or a diplomat to Saudi Arabia and the president had an important relevant conversation, you might get access to it so you can do your job and might need to know all the details of that conversation. If you are Burr or Schiff, you dont get to see them because you don't have a need to know. If something relevant to national security was said, it can be picked out, summarized, and included in their briefings by an IC analyst. In this case all we have is a suspicion that Trump probably said something politically dumb, but not illegal.

Considering they just released a transcript of him doing something illegal I am 100% sure one of those other calls also has something illegal.

Kavros
May 18, 2011

sleep sleep sleep
fly fly post post
sleep sleep sleep

Party Plane Jones posted:

https://twitter.com/CNN/status/1177754813213356032

UK also speedrunning collapse of their government

they're trying to do a tandem collapse

Otteration
Jan 4, 2014

I CAN'T SAY PRESIDENT DONALD JOHN TRUMP'S NAME BECAUSE HE'S LIKE THAT GUY FROM HARRY POTTER AND I'M AFRAID I'LL SUMMON HIM. DONALD JOHN TRUMP. YOUR FAVORITE PRESIDENT.
OUR 47TH PRESIDENT AFTER THE ONE WHO SHOWERS WITH HIS DAUGHTER DIES
Grimey Drawer

Rigel posted:

I'm not really getting excited about the other conversations being stored on the super secret server bit, because I'm pretty sure congress can't grab them, even behind closed doors, just for the hell of it. At least with Ukraine the intelligence committees had a reason through the whistleblower to believe he broke the law and their demands would have eventually been allowed by a court. "We're curious, and think they might be politically embarrassing" isn't enough, I don't think.

As of now, the super secret server's security from being combed is likely going to be subject to subpoenas from the upgraded impeachment inquiries from the house. So the low-level, underpaid thugs at the White House can try to block access, but they themselves as individuals shall be subject to obstruction and gobs of fines. As will those who directed same thugs.

Stopping access will likely be yet another obstruction charge, which is piled on the impeachment bonfire.

Rigel
Nov 11, 2016

Stereotype posted:

Considering they just released a transcript of him doing something illegal I am 100% sure one of those other calls also has something illegal.

I am too. But there's 100% sure on a dead gay comedy forum level, and then there's I'm 100% sure in federal court level.

Rigel
Nov 11, 2016

Otteration posted:

As of now, the super secret server's security from being combed is likely going to be subject to subpoenas from the upgraded impeachment inquiries from the house. So the low-level, underpaid thugs at the White House can try to block access, but they themselves as individuals shall be subject to obstruction and gobs of fines. As will those who directed same thugs.

Stopping access will likely be yet another obstruction charge, which is piled on the impeachment bonfire.

Their attempts to block congress will likely be successful, barring another leak from the IC telling us "hey, more crimes here".

QuoProQuid
Jan 12, 2012

Tr*ckin' and F*ckin' all the way to tha
T O P

Otteration posted:

As of now, the super secret server's security from being combed is likely going to be subject to subpoenas from the upgraded impeachment inquiries from the house. So the low-level, underpaid thugs at the White House can try to block access, but they themselves as individuals shall be subject to obstruction and gobs of fines. As will those who directed same thugs.

Stopping access will likely be yet another obstruction charge, which is piled on the impeachment bonfire.

the last three articles of impeachment advanced after the watergate scandal related to the president’s refusal to comply with subpoenas

Rigel posted:

Their attempts to block congress will likely be successful, barring another leak from the IC telling us "hey, more crimes here".

i mean, the current whistleblower report suggests as much.

FizFashizzle
Mar 30, 2005







Did this guy resigning get posted already?

https://twitter.com/washingtonpost/status/1177756898101252097?s=20

Flesh Forge
Jan 31, 2011

LET ME TELL YOU ABOUT MY DOG

FizFashizzle posted:

Is it possible Trump just didn't understand how bad all that poo poo made him look?

Like none of the people actively involved in releasing that didn't stop to think for a second?

I keep trying to get this across, Trump does not assess risk like normal humans do, because he's failed upward so consistently. In his brain he convinces himself that failure is success and bad things are actually good things. This is not his age, you can see it over and over again throughout his life.

Slowpoke!
Feb 12, 2008

ANIME IS FOR ADULTS
Appoint a special master to review the President’s calls that were improperly stored. Give them a scope to work with, like any call related to Ukraine/Russia that was improper.

Grouchio
Aug 31, 2014

Kavros posted:

they're trying to do a tandem collapse
The Socialist revolution of the Anglosphere shall be synchronized.

Good Soldier Svejk
Jul 5, 2010

Slowpoke! posted:

Appoint a special master to review the President’s calls that were improperly stored. Give them a scope to work with, like any call related to Ukraine/Russia that was improper.

Probably include saudi arabia and china
and make it a dem appointee

Party Plane Jones
Jul 1, 2007

by Reene
Fun Shoe
https://twitter.com/jordanuhl/status/1177756024415117313?s=21


yes, NYT/WAPO got scooped by this dude's fuckin' college newspaper

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

yeah, won't stop him from being subpoenaed.

Roluth
Apr 22, 2014

Slowpoke! posted:

Appoint a special master to review the President’s calls that were improperly stored. Give them a scope to work with, like any call related to Ukraine/Russia that was improper.

This seems reasonable if Congress really can't get full access to that server. There's already confirmation that there is improper stuff on that server and reasonable suspicion that there could be other improperly classified information.

Rigel
Nov 11, 2016

Another reason why I am not excited is because as someone said earlier, the president has the absolute authority to classify anything to any level he wants.

At some point when he runs out of other arguments, he can just say "too bad, my conversations with world leaders are now at this level, regardless of the perceived threat to national security, neener neener."

FizFashizzle
Mar 30, 2005







oh my god it literally is the deep state

https://twitter.com/RealSaavedra/status/1177686664476418048?s=20

Majorian
Jul 1, 2009

Rigel posted:

Another reason why I am not excited is because as someone said earlier, the president has the absolute authority to classify anything to any level he wants.

At some point when he runs out of other arguments, he can just say "too bad, my conversations with world leaders are now at this level, regardless of the perceived threat to national security, neener neener."

Another strong argument for keeping the scope of the investigation broad.

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

well poo poo, i am curious if this will add any twists to it. i feel like if trump learns about this he will try to pull a purge out of "oh gently caress" paranoia.

TGLT
Aug 14, 2009

Rigel posted:

Another reason why I am not excited is because as someone said earlier, the president has the absolute authority to classify anything to any level he wants.

At some point when he runs out of other arguments, he can just say "too bad, my conversations with world leaders are now at this level, regardless of the perceived threat to national security, neener neener."

If you're referring to this politico link I posted, the other half of that is that there are EOs in effect that forbid the classification of material " in order to “conceal violations of law, inefficiency, or administrative error” or “prevent embarrassment to a person, organization, or agency.” ". It's unclear if the president is also legally bound to those laws so it's a big old question mark.

At any rate knives are clearly out for Trump.

Rigel
Nov 11, 2016

Majorian posted:

Another strong argument for keeping the scope of the investigation broad.

sure, but as soon as Ukraine is ready to go, its time to vote for impeachment.

CHEF!!!
Feb 22, 2001

Rigel posted:

Another reason why I am not excited is because as someone said earlier, the president has the absolute authority to classify anything to any level he wants.

At some point when he runs out of other arguments, he can just say "too bad, my conversations with world leaders are now at this level, regardless of the perceived threat to national security, neener neener."

If he does that, the House demands them, he tells them to gently caress off, wouldn't that be grounds for yet another article of impeachment?

Rigel
Nov 11, 2016

TGLT posted:

If you're referring to this politico link I posted, the other half of that is that there are EOs in effect that forbid the classification of material " in order to “conceal violations of law, inefficiency, or administrative error” or “prevent embarrassment to a person, organization, or agency.” ". It's unclear if the president is also legally bound to those laws so it's a big old question mark.

At any rate knives are clearly out for Trump.

EO's apply to people below him. The president can rewrite EOs on a whim, and they often do on the first hour of their presidency as soon as they get to their desk.

RandomBlue
Dec 30, 2012

hay guys!


Biscuit Hider

Dapper_Swindler posted:

well poo poo, i am curious if this will add any twists to it. i feel like if trump learns about this he will try to pull a purge out of "oh gently caress" paranoia.

If it's even remotely true, The Federalist is garbage.

e: Though at this point it doesn't matter, the President confirmed it himself and Rudy G has confirmed other parts of the complaint.

Rigel
Nov 11, 2016

CHEF!!! posted:

If he does that, the House demands them, he tells them to gently caress off, wouldn't that be grounds for yet another article of impeachment?

impeachment is a political process. They could arguably impeach him for being stupid and cruel.

We try to tie everything to a crime for political reasons, because it would look bad to the voters who elected him if we went "hmmmm, nah we don't like the guy."

RuanGacho
Jun 20, 2002

"You're gunna break it!"


:lol:
e: I can't even, the federalist.

Otteration
Jan 4, 2014

I CAN'T SAY PRESIDENT DONALD JOHN TRUMP'S NAME BECAUSE HE'S LIKE THAT GUY FROM HARRY POTTER AND I'M AFRAID I'LL SUMMON HIM. DONALD JOHN TRUMP. YOUR FAVORITE PRESIDENT.
OUR 47TH PRESIDENT AFTER THE ONE WHO SHOWERS WITH HIS DAUGHTER DIES
Grimey Drawer

Rigel posted:

Their attempts to block congress will likely be successful, barring another leak from the IC telling us "hey, more crimes here".

"Look, we already have you on a possession charge, how about you talk some or we add some congressional obstruction tax stamp fines onto that and see what the people think too?"

TGLT
Aug 14, 2009

Rigel posted:

EO's apply to people below him. The president can rewrite EOs on a whim, and they often do on the first hour of their presidency as soon as they get to their desk.

But this one hasn't been rewritten, so it poses an open legal question as to whether or not Trump can in fact just wave his hands to classify stuff that damages his rep.

thin blue whine
Feb 21, 2004
PLEASE SEE POLICY


Soiled Meat
https://twitter.com/kenklippenstein/status/1177758948641968128

SubG
Aug 19, 2004

It's a hard world for little things.

TGLT posted:

As far as I can tell, congress has access to documents that are classified as Top Secret, and these transcripts are Code Word classified which is sort of a compartmentalized subset of Top Secret. There isn't anywhere higher to go, at most they could try to shuffle them around which would probably make it clear to any judge that this poo poo isn't legit.
Congress in general does not, but members of the intel committees have access to TS/SCI materials. The way the intel committees conduct hearings and deliberations are structured to accommodate this.

As I mentioned in the thread earlier today (about a billion posts ago) the real problem is that most members of Congress don't have any staffers who have TS/SCI clearance and there are limited ways in which staffers can obtain clearance, which severely limits the practical ability to conduct oversight.

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

RuanGacho posted:

:lol:
e: I can't even, the federalist.

yeah that explains that.

Grouchio
Aug 31, 2014

Dapper_Swindler posted:

well poo poo, i am curious if this will add any twists to it. i feel like if trump learns about this he will try to pull a purge out of "oh gently caress" paranoia.
If he takes the careers of half the republican senators down with him, I'm all for it. :kheldragar:

Quorum
Sep 24, 2014

REMIND ME AGAIN HOW THE LITTLE HORSE-SHAPED ONES MOVE?

SubG posted:

Congress in general does not, but members of the intel committees have access to TS/SCI materials. The way the intel committees conduct hearings and deliberations are structured to accommodate this.

As I mentioned in the thread earlier today (about a billion posts ago) the real problem is that most members of Congress don't have any staffers who have TS/SCI clearance and there are limited ways in which staffers can obtain clearance, which severely limits the practical ability to conduct oversight.

My understanding is that any Congressional committee with oversight authority over a given field can subpoena, and read, classified information relating to that field, because classification is an executive branch thing that applies to the executive branch, and separation of powers prevents it from applying to members of Congress or federal judges, but practically speaking classified stuff (being mostly stuff relating to the IC) gets handled by the intelligence committees.

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isaboo
Nov 11, 2002

Muay Buok
ขอให้โชคดี
Remember a billion years ago when Kushner tried to set up back channel comms?

That seems so quaint now.

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