If a person is adjudicated to view or handle classified information, there are many rules regarding this privilege. Violating the rules is punitive.
What is prompting this National Security 101 article?
This is a follow up from my previous article titled, “Today in America | 10 JUN 2023.” I had a feeling this would happen but, to be honest, I wish this article would not be necessary. But, sadly, the indictment of former U.S. President Trump regarding the compromise of highly classified documents is plagued with misinformation aiming to downplay the exponential damage Trump’s action had for our national security. Before you try to catalog me as a “liberal” understand that I do not lean to the left, nor to the right. Instead, I hold both sides accountable to the same metric. In this case, we are talking about Trump. In a different article we’ll talk about Biden or even Clinton…that way we can save the “what about” whomever. We are talking about Trump in this case:
Classified documents found unsecured inside a Mar A Lago ballroom.
In case you missed it, click below for the indictment of USA vs. Trump and Nauta
US_v_Trump-Nauta_23-80101
This is the criminal case against Trump regarding classified documents.
Yes, it is illegal to mishandle classified materials, even if you're a former president
If you haven’t read it, I invite you to read it yourself. I emphasize this re is no shortage of Trump fans who are leaving very important details behind when speaking to the right-wing media, and as guest in the left-wing networks. Seriously, when we rewind the pages of history, we’ll remember this campaign of Trump’s apologetics providing very redacted information and even raising their voices. However, they will not speak about the merits of the case. Sorry, I wish they were. I’ve been viewing these personalities speak since the indictment was released. There is a lot of spin. Why do you think that is? Because the full context is simply not convenient. How? Well, you’re in luck. I’m writing this article to explain how. Please read it objectively and know that if Trump was ANYBODY else, I would be writing the same thing if the facts were the same.
If you are a Trump fan, this will not be something you would like to hear but, hopefully, if you use critical thinking and intellectual honesty, you’ll understand why this is important regardless of if you are a fan of the former President or not. If the shoe was on the other foot many would say, “Welcome to the real world. Sometimes, you have to hear things that you don’t want to hear.” But, as we know the facts will affect you all the same, regardless of if you pay attention or not. At least this way you will understand why it is so important. Yes, I am repeating this because a lot of talking heads out there downplay the importance of this case and what seems to be missing in action, or misdirection.
The president responsibility with classified information
Let’s start by clarifying some myths. First-off, information gest classified for a valid reason. In the most basic form because unauthorized disclosure could damage our national security. Two key points here: unauthorized disclosure and damage to National Security.
Unauthorized Disclosure: Whenever anybody who is not adjudicated, indoctrinated, or with certified access, or has signed a bunch of documents, and has a need-to-know to classified information or material gest exposed to that classified information or material in a manner that is not authorized. And yes, that applies even be to people who do have a security clearance, even a high security clearance, but do not have a need to know for the execution of their official duties on a particular subject.
That is why if something does get declassified it is a very elaborated, and very, very long process. If Trump had documents unaccounted for that the government was trying to get back, that is the smoking gun that these documents were not declassified. If documents get declassified after this very lengthy process, then the government knows exactly what is declassified to prevent unauthorized disclosure. No duh, huh?
Damage to National Security: Depending on the level of classification, there are many levels, the damage to national security could raise to serious or to exceptionally grave damage to National Security. Technically Top Secret is not the highest level of classification, there are even higher levels. That is what the SCI and SAP the indictment was speaking of. There are a lot of rules that dictate the level of classification and why some information will be further classified to keep us all safe. Trump compromised a lot of those SCI and SAP level documents. That is extremely damaging to our national security.
In other words, National Security equals keeping the ENTIRE WORLD SAFE. Why? Because the United States of America is the most influential country on the face of the planet. We have Allies and adversaries, and the information is safeguarded in order to protect our allies from any existing or potential adversaries out there.
Again, that is why the declassification process is so convoluted. The President of the United States from all people who have a security clearance shall be the MOST judicious person when it comes to handling classified information because unauthorized disclosure damages national security. Simple right?
So now that we’ve discussed that, let’s understand then why it is such a big deal whatever former President Trump did with our classified information.
Can a U.S. President declassify information or material? Yes, but it is a very extensive process, and it will not be immediate at all. Also, if it does get declassified then it will be notified to all the entities who handle that classified material. Why? Because that way we prevent others from divulging classified information that has not been declassified, or help others understand the scope of what can be declassified. What do I mean by that?
In order to better understand this indictment, let us use an unclassified example. Let’s say that the following paragraph is going to be considered for declassification. It will have the following parts:
(Security classification explaining potential damage to national security and how to handle this material – to include restrictions). Statement that a propagandist is aligned with an adversarial nation, and can say to constituents on in country “A” is being repeated by political party “B” in country “X.” This creates a connection between propagandist “A,” political party “B” in country “X.” – Source “z.”
Before anything gets even considered to be declassified, the government will consider the source for that information. In the example Source “z.” Why? Because if the source gets compromised, then it is good as non-existent, and if the source was a person, then they might get killed by an adversary. Obviously, the hardest it was to get that information, the higher the classification because it would have a greater damage to national security.
This will go hand-in-hand with the security classification in parentheses ( ) – why? Because that will explain how this information is to be handled or restricted. It is obvious to ascertain that some information that is not-directly related to this topic could be correlated in some shape of form. Especially if there are restrictions, because that means that unauthorized disclosure could pose an even greater damage if it would happen to fall in the wrong hands.
Then the actual narrative of the paragraph of those who are cited. Maybe the process of declassifying the entire context is still going to pose damage to national security, so the declassification might be partial. Maybe just one sentence. Which one? Well, it depends on many factors. That is why I said it is a very convoluted system. And that alone is going to be put in context about the need for a very exhaustive declassification process.
So, Trump saying that information is automatically declassified because he wants it to be so, that shit won’t fly. It is not how it works at all. And from all people, the top office in the country had to be the most well-versed person when it comes to protecting information. What I just told you is the basics. It only gets more complex from there. That is what this indictment is expressing and educating the public. And by the way, that is why they went through great lengths to explain the context, cause, and effect.
Classified documents found unsecured inside Mar A Lago. Yes, mishandling classified information, to include or mixing it with personal items outside secure spaces is illegal.
These images were part of the official indictment for Trump. Classified documents found inside these boxes at Trump’s residence. To be clear, handling classified documents can only be done in places specifically designated to even open the folder, let alone store it. There is a reason why governments around the world (to include the US Government) have so many rules when it comes to the handling or even been in the presence of classified information. Anybody with a security clearance who thinks this is not a huge deal, is likely also a security risk, and has missed critical training on how to respect and handle classified information.
The Espionage Act and Insider Threats
One of the biggest red herrings I’ve heard about Trump’s indictment about this classified material is the fact he’s charged under the Espionage Act. His apologists say that he’s not a spy. There is a very valid reason why he is charged under this. He made it easier for spies to get that highly sensitive information. No Duh! Huh?
First, because Trump, like any other person with a security clearance had to sign a bunch of paperwork that go in exhausting details about what he can and cannot do with any classified information level he gets privy to. And the contract between a person with a security clearance and the U.S. government is 75 years (minimum) from the time they sign this document. Yes, that means that if a person mistakenly or willfully discloses classified information to anybody who does not meet all these requirements I was speaking of above, then they are charged under the Espionage Act.
And yes, those forms are kept in file, like everything else that is classified. That is why there are so many checks and balances. The indictment explains that in detail. And Trump and Nauta should have known better. Trumps lawyers who bailed on him understood that, and that is why they flipped on him. It is because it is not about one person, it is about the entire country and by extension the entire world. That is why not everybody gets granted a security clearance. It is a lot of responsibly and subject to a lot of controls. For anybody who does not care about being under all that level of control, simply they don’t get an adjudicated security clearance.
I mentioned in yesterday’s article that a security clearance is based on trustworthiness, loyalty, and character. And if any of those get impacted negatively a person could lose their clearance or being prosecuted for misusing their security clearance privileges. That affects everybody the same. And the person on top is the most liable from them all, because they are supposed to hold the highest standard of protection for these sensitive documents.
There is only one thing a person can do if they fuck up when handling classified information. Own their mistake by cooperating fully and expeditiously. That did not happen with Trump, hence the indictment.
And even if in his mind he thought that the sensitive documents were declassified by default, then that alone is more than enough evidence that he did not know what the fuck he was doing when it comes to safeguarding our national security. Even the title of those documents could have been so sensitive that many of the charges 1-31 are redacted. How many people with unauthorized access got to see any of that material? This is such a big deal that people with very high security clearances could not be the part of the search team because THEY didn’t have the proper clearance to view THAT material. So how is it that Trump considered it viable to leave all those sensitive documents mixed with his crap in all those boxes? In case you didn’t realize it, that is a huge no-no.
In case it is not obvious THAT is the crux of the problem. Trump does not seem to understand that he fucked up when it came to how he handled these documents and how he just had them half-hazard piled up and moved without any proper safeguards. And that is after he no longer had any authorization to view classified information anyway. Trump did not renew his access to classified information after he left the White House. That means that even by reading any of the documents he had in those boxes, let alone unauthorized possession was already a violation of the Espionage Act. Classified documents belong to the Government, not to any person.
And guess what, even what lives in the memory of a person who has viewed classified information cannot be disclosed in any unauthorized manner either. And that is what gives me nightmares. Let me explain to you why.
There are two types of insider threats. An insider threat is someone who was given authorized access to a place, office, or duties and either willingly or unwittingly betrayed the trust of those who granted that placement and access. If a person has a security clearance, that means that they betrayed our country.
A Witting Insider Threat. Somebody who is very much cognizant that what they are doing is wrong or is not in the up and up. A key telltale is that they will try to conceal their infractions. For example, the jackass from the Air National Guard who posted classified documents in a gaming platform to brag to his friends. He betrayed the country by posting classified information after shoving the hard copy documents in his pockets. Even if there are a lot of people who want to do mental gymnastics to try to justify his actions. They are unjustifiable, period. He signed documents to say he understands what he could or not do with classified information. He chose to do the wrong thing.
An Unwitting Insider Threat. This is somebody who is too stupid to realize that what they are doing is stupid, and their ineptitude results in the compromise of sensitive information (to include but not limited to classified information). This is arguably more dangerous than the witting insider threat, because they are just not cognizant that they are fucking up. And any of us could become that person if we are not careful. That is why there are a lot of documents, safeguards, and many other restrictions when it comes to classified information. To prevent this unwitting category.
So, that begs the question: Was Trump considered an insider threat, hence he was served this indictment? Yes, yes, he was…duh!
So why would a former president be considered an insider threat? Well, read above. Either because he was too incompetent to safeguard material with this exulted level of sensitivity (unwitting threat); or he was very much aware of what he was doing and did it anyway. No matter how his fans want to dress it up, the Department of Justice got empirical evidence of mishandling and conspiracy to keep these classified documents. That is why this is so significant. And by the way what the indictment will try to find, if this was a witting or an unwitting insider threat.
It is only incidental that the person in question happens to be a former president. And to me the elephant in the room (pun intended) is that his party has a lot of followers who are willing to look the other way because he is their primary candidate. And that begs another question. Is that the best they got? News flash, he made the country more vulnerable because of this compromise of classified information. How you ask? Keep reading.
How did this affect our National Security
First off, because it is demonstrating that during the Trump administration the Special Security (which handles high level of information) was lax. How? Well, if they were doing their job correctly then all those documents would have been accounted for or have somebody ensuring that all documents were accounted for in accordance with the rules and regulations governing all classified information.
Second. These documents could only be viewed and hold in authorized spaces. And to keep classified information there are a lot very stringent regulations in black and white to ensure classified information and material are safeguarded and there is no chance this information could be compromised. And no, a storage unit, a bathroom, a shower, a ball room, etc., are not adequate (authorized) places to hold classified information.
Third. The higher the level of security marking (Top secret and above) require even more stringent rules. So, what makes you think that it is ok to have these unattended for months at a time in boxes mixed with all kinds of crap in unsecured spaces, inside random boxes, and by moved by people without the clearance to read, let alone move this information and material?
Fourth. Even more basic, I mentioned before. You are not allowed to mix unclassified and classified stuff and move it out of a space without it being accounted for and under very stringent requirements. Also, mixing personal stuff with classified stuff is not something you are allowed to do. So the person with the highest office in the land is required to be the most proficient steward of classified material. Obviously, he was not.
Fifth. When this information was being stored in unsecured spaces, there are no shortage of opportunities for somebody to come across this information. And it is not only the possession, it is the mere viewing of this information that is important. In other words, what is now in the memory (brain) of an unauthorized person who viewed that information, that is already a compromise of this classified information. And that is a criminal offense already. Who’s the criminal? The moron who put that information in a position that could be compromised. In this case Trump and Nauta. Hence the indictment. Also, were are any of those documents being copied, read or photographed by any unauthorized person? Conveniently, Mar-A-Lago’s security camera room got flooded by the pool guy…such a coincidence, huh?
If you need a sixth or more, then you are not catching up with the problem. And yes, there are more than sixth or seventh point… I can go on for hours. But I am hoping this is making the point. Further I hope that politicians and talking heads trying to justify Trumps actions as acceptable will stop gaslighting people. They very well know that if THEY would have done the same thing they would have been possibly prosecuted already. And further, if their opposition would have done the same thing Trump did, they would have been very vocal about “prosecuting” whomever committed an infraction about national security. Remember them chanting “lock her up” when it came to Hillary Clinton? And of course on the ongoing investigation on the incumbent president Joe Biden and his own debacle about his classified documents found in his residence. For the record neither of those cases are acceptable. But they are separated cases. This article is about Trump, and the fact is that he is at fault, and he should have known better. And all of Trumps acolytes suppose to know better too, because national security is far above any one person.
I am going to leave it at this for today. But I have a feeling we will have to address this situation in the near term. In my case, I just want to put in black and white that I was in the right side of history and point out many people in influential positions who are in the wrong. The facts are what they are. I am not going to take sides to either left of right. In a future article I will talk about Biden once his ongoing investigation comes to an end. Until then I recommend you to read the indictment yourself. That is why I posted along with this article once again. This is not a “witch hunt” – but there is something that is very true.
There is indeed a double standard. And it is not what many think. The double standard is that Trump has been given a lot more leeway than any other person in this country. Any person who has a security clearance either in government or contractor and would have done 1/100 of what Trump did would be in jail right now. They would have lost their security clearance and would have not been given months and lawyers chances to look for documents in their homes. They would have been speaking with a person in a suit from a government agency asking them very stern questions. And if they were in the wrong, they would be wearing a pumpkin suit already while they figure out what happened. So yes, there is a double standard, and it is the fact that Trump has a lot of leeway in this case and has so many acolytes to downplay his wrongdoing. Nobody else would have been given this much latitude. And what is at stake is our national security. Now you know. HLC