# Can the President overrule "Top Secret" classification?

**URL:** <https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322>\
**Category:** Factual Questions\
**Created:** [May 1, 2003, 5:17am UTC](https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322 "2003-05-01T05:17:58Z")\
**Posts on this page:** 7\
**Page:** 2

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**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [May 2, 2003, 6:13pm UTC](https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322/21 "2003-05-02T18:13:00Z")

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> [@](#):
>
> \*Originally posted by Sofa King \*  
> \*\*Can one President designate a career bureaucrat as a classification authority? If that were the case, then the next President may remain uninformed of certain matters, subject to the discretion of the bureaucrat. \*\*

I am certain this happens simply due to the AMOUNT of classified material there is.

I had a TS clearance over at Dept of State as a kid. I guarantee you the President never had any inkling of the stuff I was writing (barring some WEIRD coincidence). Therefore we were certainly aware of stuff he didn’t.

Theoretically I suppose the SecState would decide what to bring to his attention.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [May 2, 2003, 7:38pm UTC](https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322/22 "2003-05-02T19:38:03Z")

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> [@](#):
>
> \*Originally posted by Little Nemo \*  
> \*\*Now, leaving aside the melodrama, is this legal? Could the General have said, “I’m sorry, Mr President, but that order is illegal.” \*\*

I quote from 50 USC 435:

"Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments, agencies, and offices of the executive branch of Government. Such procedures shall, at a minimum -

```
    (1) provide that, **except as may be permitted by the President,** no employee in the executive branch of Government may be given access to classified information by any department, agency, or office of the executive branch of Government unless, based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States...."

```

There’s no question that that scenario is within the president’s authority.

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**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\
**Post date:** [May 2, 2003, 8:20pm UTC](https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322/23 "2003-05-02T20:20:39Z")

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So what _are_ the levels of classification?

[sup]Or is that classified?[/sup] 🙂

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**Author:** ![Declan](https://avatars.discourse-cdn.com/v4/letter/d/ecae2f/32.png) [@Declan](https://boards.straightdope.com/u/Declan)\
**Post date:** [May 2, 2003, 8:31pm UTC](https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322/24 "2003-05-02T20:31:53Z")

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Speaking fictionally

What I loved was the secdef in Independence day , umm thats not entirely accurate, when the conversation on airforce one was discussed , re area 51.

I wonder how many presidents have asked to see info on area51 , shortly after inauguration , and how many in the future will, I know I would 🙂

Declan

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**Author:** ![Cluricaun](https://avatars.discourse-cdn.com/v4/letter/c/bb73d2/32.png) [@Cluricaun](https://boards.straightdope.com/u/Cluricaun)\
**Post date:** [May 2, 2003, 9:50pm UTC](https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322/25 "2003-05-02T21:50:08Z")

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If I was ever elected POTUS, the first thing I would do is ask to see everything we have on those classic “Top Secret” topics, like Area 51 and the Kennedy Assasination.

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**Author:** ![Punoqllads](https://avatars.discourse-cdn.com/v4/letter/p/d2c977/32.png) [@Punoqllads](https://boards.straightdope.com/u/Punoqllads)\
**Post date:** [May 2, 2003, 10:04pm UTC](https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322/26 "2003-05-02T22:04:05Z")

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> [@](#):
>
> \*Originally posted by Mandarax \*  
> [Carter _did_ leak Top-Secret info about the F117:](http://www.airpower.maxwell.af.mil/airchronicles/apj/cunn.html)
> 
> > [@](#):
> >
> > In the 10 years since the program was officially announced by the Carter administration, numerous reports have been published in both the technical and popular media about the aircraft.

The article you quote at no point claims that Carter himself leaked the info. Brown’s press conference was probably motivated somewhat by politics, but it only came after the first leaks had been widely published. As it stated, in fact, the program’s existence was public during the Ford administration, finally being classified in 1977 under Carter.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [May 3, 2003, 7:20pm UTC](https://boards.straightdope.com/t/can-the-president-overrule-top-secret-classification/172322/27 "2003-05-03T19:20:52Z")

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> [@](#):
>
> \*Originally posted by Sunspace \*  
> \*\*So what _are_ the levels of classification? \*\*

[http://slate.msn.com/id/1005626/](http://slate.msn.com/id/1005626/)

The article does not really mention that there are additional access controls in addition to the system described, such as Sensitive Compartmented Information, more commonly referred to as SCI or codeword. So your latest reports on what Saddam’s cronies are up to could have a classification such as Top Secret/SCI.

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