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Trump lacked power to declassify secret nuclear arms document: Experts


Even when he was president, Donald Trump lacked the legal authority to declassify a US nuclear weapons-related document that he is charged with illegally possessing, security experts said, contrary to the former US president’s claim.

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The secret document, listed as No. 19 in the indictment charging Trump with endangering national security, can under the Atomic Energy Act only be declassified through a process that by the statute involves the Department of Energy and the Department of Defense.

For that reason, the experts said, the nuclear document is unique among the 31 in the indictment because the declassification of the others is governed by executive order. 

“The claim that he (Trump) could have declassified it is not relevant in the case of the nuclear weapons information because it was not classified by executive order but by law,” said Steven Aftergood, a government secrecy expert with the Federation of Atomic Scientists.

The special status of nuclear-related information further erodes what many legal experts say is a weak defense centered around declassification. Without providing evidence, Trump has claimed he declassified the documents before removing them from the White House.

Prosecutors likely will argue that declassification is irrelevant because Trump was charged under the Espionage Act, which predates classification and criminalizes the unauthorized retention of “national defense information,” a broad term covering any secrets that could be helpful to the nation’s enemies.

Document No. 19 is marked “FRD,” or Formerly Restricted Data, a classification given to secret information involving the military use of nuclear weapons. The indictment described it as undated and “concerning nuclear weaponry of the US.”

Rules for nuclear data

Trump, who pleaded not guilty on Tuesday, has said he declassified while still in office the more than 100 secret documents he took to his Florida resort home, Mar-a-Lago, a contention echoed by Republican lawmakers and other supporters.

But Aftergood and other experts said that the Atomic Energy Act (AEA) of 1954 – under which the Department of Energy oversees the US nuclear arsenal – defines a process for declassifying nuclear weapons data, some of the US government’s most closely guarded secrets.

“The statute is very clear. There’s nothing that says the president can make that decision,” said a former US national security official familiar with the classification system, who asked to remain anonymous.  

The most sensitive nuclear weapons information is classified as “RD,” for Restricted Data, and covers warhead designs and uranium and plutonium production, according to a DOE guide entitled “Understanding Classification.”

The Department of Energy downgrades from RD to FRD nuclear weapons data it needs to share with the Pentagon, but the materials remain classified, experts said.

Materials classified as FRD include data on the US arsenal size, the storage and safety of warheads, their locations and their yields or power, according to the guide.

FRD information only can be declassified through a process governed by the AEA in which the secretaries of energy and defense determine that the designation “may be removed,” according to a Justice Department FAQ sheet.

Not everyone agrees that the president lacks the power to declassify nuclear data. 

David Jonas, who served for 10 years as general counsel for the US National Nuclear Security Administration, the Department of Energy division that oversees the nuclear arsenal, said Trump had the constitutional authority to declassify all classified documents under the “unitary executive theory,” which holds that Congress cannot limit the president’s control over the executive branch.

“The president is the executive branch and so he can declassify anything that is nuclear information,” he said.

Other experts dispute this view.

Elizabeth Goitein, a national security law expert at the Brennan Center for Justice, said the US Constitution gives Congress the authority to limit presidential power related to most national security issues and “there is no question it can legislate in this area.”

While the president can request declassification of FRD materials, “it’s got to go through both DOE (Department of Energy) and DOD (Department of Defense). And it takes forever,” said Thomas Blanton, director of the National Security Archive.

FRD materials must be stored in a properly secured space, said Aftergood. “Sticking it in your bathroom would not qualify,” he said, referring to the indictment’s allegation that Trump stored classified documents in a Mar-a-Lago bathroom.

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Crown Prince of Abu Dhabi meets with CEOs of leading Norwegian companies

H.H. Sheikh Khaled bin Mohamed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi, has met with a group of CEOs from leading Norwegian companies, as part of their participation in the UAE-Norway Investment Forum, held alongside his official visit to the Kingdom of Norway.

During the meeting, H.H. Sheikh Khaled bin Mohamed bin Zayed underscored the UAE leadership’s commitment to strengthening economic cooperation with its international partners.

He highlighted that investment in innovation and knowledge is a cornerstone for achieving sustainable development, noting that enhancing collaboration with Norwegian companies across key sectors will open new avenues for mutual economic growth between the two countries.

The UAE-Norway Investment Forum, taking place in Oslo, aimed to highlight available investment opportunities and strengthen trade relations between the UAE and Norway, fostering shared interests and supporting innovation and knowledge-based economic visions.

-wam

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At the Indonesia International Book Fair 2024, TRENDS inaugurates 10th global office, releases four books

As part of its Asian research tour, partnership with Aletihad News Center, and
primary sponsorship of the Indonesia International Book Fair 2024, TRENDS
Research & Advisory inaugurated its office in Jakarta, marking its 10th location
worldwide. It also released four books in Indonesian.
The inauguration event was attended by ambassadors of the UAE, Bahrain, and
Jordan to Indonesia, chairpersons of the UAE and Indonesian Publishers’
Associations, the Director of TRENDS’ Jakarta office, and a group of researchers
and academics.
Speaking at the event, Dr. Mohammed Abdullah Al-Ali, CEO of TRENDS
Research & Advisory, stated that TRENDS’ international offices—set to reach 15
by the end of 2024—aim to enhance the Center’s research efforts and deepen its
role in disseminating knowledge, thus serving as a global knowledge bridge.
He emphasized, “At TRENDS, we believe in the importance of cooperation
between think tanks and prioritize this endeavor. We believe the TRENDS office in
Jakarta will enhance the exchange of knowledge and ideas between think tanks in
Asia and the Middle East, opening new horizons for collaboration in various
fields.”

Four books in Indonesian
As part of the Jakarta office’s inaugural activities, four books were released in
Indonesian, including the 11th and 12th books of the Muslim Brotherhood
Encyclopedia and Global Trends in AI and Automation and the Future of
Competition between Man and Machine: An Analytical Forward-looking Vision.

Hostility to Arab states
The 11th book of the Muslim Brotherhood Encyclopedia, The Concept of the State
According to the Muslim Brotherhood, highlights its hostile stance toward Arab
states since its inception. The group views them as an obstacle to its ascent to
power. It opposed the modern principles upon which these states were built,
considering them incompatible with the group’s unique interpretation of Islam,
which it claimed to embody exclusively.

Exclusion of nonconformists
The 12th book, The Muslim Brotherhood: Rejection of Tolerance and Exclusion of
Nonconformists, examines the Muslim Brotherhood’s stance towards
nonconformists, individuals, and entities. The book reveals the group’s binary view
of the world, categorizing others as allies or adversaries. It ties these relationships
to the Brotherhood’s internal power struggles and self-serving interests.

Global Trends in AI
The third book, Global Trends in AI, explores significant developments in AI and
its impact on various aspects of life, including the economy, society, and
governance. It also offers a comprehensive analysis of technological advancements
in AI, its applications across sectors, the ethical and social challenges it presents,
and its future trajectory.

Automation

The fourth book, Automation and the Future of Competition between Man and
Machine: An Analytical Forward-looking Vision, addresses the growing challenges
faced by the human workforce in the face of widespread automation and AI
applications. The book concludes that while automation presents a significant
challenge to the labor market, it simultaneously creates new opportunities. It
emphasizes the importance of preparing for this shift through skills development,
continuous education, and adopting economic and social policies that support the
workforce.

Prominent pavilion and active presence
The TRENDS’ pavilion at the Indonesia International Book Fair has attracted
numerous visitors, including academic researchers and officials, such as the
ambassadors of the UAE, Bahrain, Qatar, Jordan, and Turkey. Additionally,
chairpersons of Arab and Indonesian publishers’ associations, authors, publishers,
and students visited the pavilion. All were impressed with and praised TRENDS’ diverse, valuable publications. They also commended TRENDS’ active
international presence and ability to address global developments with rigorous
analytical research.
Dr. Mohammed Abdullah Al-Ali honored the esteemed guests, including
ambassadors of the UAE and Bahrain to Indonesia, Wedha Startesti Yudha,
Chairperson of the Indonesia International Book Fair Committee, Arys Hilman
Nugraha, Chairman of the Indonesian Publishers Association, and others,
presenting them with TRENDS’ publications and commemorative shields.
Additionally, he awarded TRENDS’ Research Medal to Ni Made Ayu Martini
Indonesian Deputy Minister of Marketing, Tourism and Creative Economy
It is worth noting that during its current Asian research tour, TRENDS announced
the launch of the TRENDS Research Medal, awarded to individuals who make
significant contributions to the development of scientific research and promote collaboration with TRENDS in strengthening a culture of research across various fields.

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US determined to prevent full-scale war in Middle East, Joe Biden tells UNGA79

US President Joe Biden highlighted the US Administration’s determination to prevent a wider war that engulfs the entire Middle East region, noting that a diplomatic solution “remains the only path to lasting security to allow the residents from both countries to return to their homes on the border safely”.

In remarks he made today before the 79th Session of the United Nations General Assembly (UNGA79), the US President said, “Full-scale war is not in anyone’s interest,” adding that a diplomatic solution is still possible.

He also touched on “the rise of violence against innocent Palestinians on the West Bank”, and the need to “set the conditions for a better future”, which he said featured “a two-state solution, where the world — where Israel enjoys security and peace and full recognition and normalised relations with all its neighbours, where Palestinians live in security, dignity, and self-determination in a state of their own”.

President Biden underscored the ceasefire and hostage deal put forth by Qatar and Egypt, which the UN Security Council endorsed. He said, “Now is the time for the parties to finalise its terms, bring the hostages home,” adding that this would help ease the suffering in Gaza, and end the war.

-WAM

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