Commentary
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JURIST Commentator
Jordan Paust [University of Houston Law Center]: "Vice President Cheney has stated that he has the "power" to declassify classified material, but did he exercise that power before granting others the power to leak classified information? Richard Nixon learned that the power to terminate an Executive regulation or order is not the same as the right to violate a regulation or order that has not been terminated. See United States v. Nixon (U.S. 1974). Thus, the "power" to declassify is not a defense to the criminal proscription of intentional leaking of classified information."
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