- Thus has begun a debate in our media whose starting questions usually run along the lines of: "Is what the President did legal?" or "Does the President have authority to declassify information at will?" (Given the President's failure to deny Libby's allegation, it has largely been accepted as true.) The answer to those questions has generally been: Yes, the President -- as chief executive -- has the authority to declassify information at will...
...Is a President, on the eve of his reelection campaign, legally entitled to ward off political embarrassment and conceal past failures in the exercise of his office by unilaterally and informally declassifying selected -- as well as false and misleading -- portions of a classified National Intelligence Estimate that he has previously refused to declassify, in order to cause such information to be secretly disclosed under false pretenses in the name of a "former Hill staffer" to a single reporter, intending that reporter to publish such false and misleading information in a prominent national newspaper?
The answer is obvious: No. Such a misuse of authority is the very essence of a criminal conspiracy to defraud the United States. It is also precisely the abuse of executive power that led to the impeachment of Richard M. Nixon.
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