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Transcripts For CNNW Anderson 20240706

clearly established procedures involving classified documents d. he know the right and wrong way of handling those items when he took them from the white house to mar-a-lago. cnn has learned the national archives is ready to hand over records to special counsel jack smith showing that the former president and his top adviser certainly did know. just walk us through your reporting, jamie. anderson, cnn has obtained this letter that was sent by the national archives, as you said, informer former president trump that it is set to hand over the 16 presidential records. they re from his administration which show that trump and his top advisers were aware of the proper declassification process when he was president. our understanding is that the special counsel wants these records for the grand jury because they may provide critical evidence that, despite trump s claims that he automatically declassified all documents that he took, he was, in fact, aware that there was a correc

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Transcripts for CNN Anderson Cooper 360 20240604 00:09:00

You get to the real ultimate thing is can he do what he wants to, as he s saying? and that s never been tested in the court. no president has ever tried to do what he s doing. the norm is, as kerry explained, when there s a process, you re supposed to follow the process. we ve never had a president who just sort of ignored that process and claimed he can get around it. theoretically, he might have that power, and i think he s going to try to push it that far to see what that power is. john, the letter from the national archives states that the records will be handed over to special counsel a week from today, quote, unless prohibited by an intervening court order. do you think the trump legal team would fight this? if past is prologue, he will do anything he can to slow the process. this could do this. there s probably, in my mind, an 80% chance that his lawyers find it legitimate enough to test this. so, i think there s a high probability he will appeal or try to block.

Transcripts for CNN Anderson Cooper 360 20240604 00:06:00

Final authority to declassify documents. and that s the constitutional provision. that s under their article ii commander in chief authorities. so, that does govern any president s ability to declassify. then there s the separate issue of the presidential records act, which talks about any kinds of document. so, i think in some of the former president s public statements, he tries to combine those two issues together. but presidential records act applied to any record. and the minute he was no longer president, any documents that he had belonged to the united states. so, the question then, with respect to the classified documents, becomes, did he actually ever declassify them? and although on this point there are executive orders, there are process, a president could make a decision that is outside the scope of that process. what s missing here as far as we have learned publicly so far is

Transcripts for CNN Anderson Cooper 360 20240604 00:04:00

Government under the custody of the archives. and while all presidents do have broad authority, ultimate authority to declassify, there is no evidence that he, quote, automatically declassified anything. again, there is a serious process that is followed. national security agencies are brought in. as one official said to me, quote, there has to be an order. show me the order. in terms of the special counsel s investigation, what are your sources saying about how these records could potentially reveal the former president s intent? it could be critical. the records could provide insight into not only trump s intent, whether he willfully disregarded what he knew to be established protocols, and also it may speak to obviously that he may have mishandled what he knew were highly classified documents. so, what happens next?