The classification status of the documents remains legally relevant, and, in light of new information, any arguments regarding their declassification have been significantly diminished.
Katie Kedian teaches Counterintelligence Law & Policy at the George Washington University Law School. She previously served as Chief of the Counterintelligence & Export Control Section at the U.S. Department of Justice. During her 13-year tenure as a prosecutor at DOJ, she managed numerous successful, high-profile criminal matters in the areas of espionage, leaks and mishandling of classified information, export control and sanctions, and national security-related cyber crimes.
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Why classification status matters for 18 U.S.C. § 793 and what limitations may exist for a president’s declassification authorities.