Joe Biden’s Declassified Documents and Obama’s Executive Order

There is a fact check going around about President Obama’s executive Order that allows Vice President Biden to declassify documents. To be honest, it is true. IF and a big if, all of the conditions of the EO are true. Here are some of the conditions I am betting were not met by Biden.

LINK TO EO: Classified National Security Information

The Executive Order is attached for complete review.

“Sec. 1.6. Identification and Markings. (a) At the time of original classification,
the following shall be indicated in a manner that is immediately apparent:
(1) one of the three classification levels defined in section 1.2 of this
order;
(2) the identity, by name and position, or by personal identifier, of the
original classification authority;
(3) the agency and office of origin, if not otherwise evident;
(4) declassification instructions, which shall indicate one of the following:
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710 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Presidential Documents
(A) the date or event for declassification, as prescribed in section 1.5(a);
(B) the date that is 10 years from the date of original classification,
as prescribed in section 1.5(b);
(C) the date that is up to 25 years from the date of original classification,
as prescribed in section 1.5(b); or
(D) in the case of information that should clearly and demonstrably
be expected to reveal the identity of a confidential human source or
a human intelligence source or key design concepts of weapons of mass
destruction, the marking prescribed in implementing directives issued pursuant to this Order; and
(5) a concise reason for classification that, at a minimum, cites the applicable classification categories in section 1.4 of this Order.
(b) Specific information required in paragraph (a) of this section may
be excluded if it would reveal additional classified information.
(c) With respect to each classified document, the agency originating the
document shall, by marking or other means, indicate which portions are
classified, with the applicable classification level, and which portions are
unclassified. In accordance with standards prescribed in directives issued
under this Order, the Director of the Information Security Oversight Office
may grant and revoke temporary waivers of this requirement. The Director
shall revoke any waiver upon a finding of abuse.
(d) Markings or other indicia implementing the provisions of this Order,
including abbreviations and requirements to safeguard classified working
papers, shall conform to the standards prescribed in implementing directives
issued pursuant to this Order.
(e) Foreign government information shall retain its original classification
markings or shall be assigned a U.S. classification that provides a degree
of protection at least equivalent to that required by the entity that furnished
the information. Foreign government information retaining its original classification markings need not be assigned a U.S. classification marking provided
that the responsible agency determines that the foreign government markings
are adequate to meet the purposes served by U.S. classification markings.
(f) Information assigned a level of classification under this or predecessor
orders shall be considered as classified at that level of classification despite
the omission of other required markings. Whenever such information is
used in the derivative classification process or is reviewed for possible
declassification, holders of such information shall coordinate with an appropriate classification authority for the application of omitted markings.
(g) The classification authority shall, whenever practicable, use a classified
addendum whenever classified information constitutes a small portion of
an otherwise unclassified document or prepare a product to allow for dissemination at the lowest level of classification possible or in unclassified form.
(h) Prior to public release, all declassified records shall be appropriately
marked to reflect their declassification.”

And,

“All original classification authorities must receive training in proper
classification (including the avoidance of over-classification) and declassification as provided in this Order and its implementing directives at least once a calendar year. Such training must include instruction on the proper safeguarding of classified information and on the sanctions in section 5.5 of this Order that may be brought against an individual who fails to classify information properly or protect classified information from unauthorized disclosure. Original classification authorities who do not receive such mandatory training at least once within a calendar year shall have their classification authority suspended by the agency head or the senior agency official designated under section 5.4(d) of this Order until such training has taken place. A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable”