E. Judicial Review of National Security Classification

The President of the United States may classify records involving:

  1. Active military operations; or

  2. Intelligence sources and methods, for national security reasons.

When the “privileged" period expires, the current President may elect to retain classification. In those cases, the Supreme Court shall review such classified records to determine whether the classification complies with the requirements of this Charter.

The Court must release its ruling within ninety (90) days of receiving both:

  • The classified record; and

  • The executive’s written justification for withholding it.

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