Donald Trump's disclosures of classified information
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Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
's handling of government records, especially those containing
classified information Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to kn ...
, during his presidency has come under scrutiny. A number of incidents in which the president disclosed classified information to foreign powers and private individuals have become publicly known, sometimes with distinct national security and diplomatic consequences. Notably, on May 10, 2017, Trump disclosed classified information to Russian government representatives, creating political and security concerns in the United States and its allies, especially
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
. Soon after the meeting, American intelligence extracted a high-level covert source from within the Russian government because of concerns the individual was at risk, in part, by the repeated mishandling of classified intelligence by Trump and his administration. Other questionable behaviors during his presidency have included Trump's sharing of national defense information on social media and private disclosures, both known and unknown. During Trump's tenure as president, lax security at Mar-a-Lago was a cause of concern because of the uncontrolled flow of guests and events at the resort—a concern that endured post-presidency, because Trump retained classified documents after leaving office.


Background


Handling, storage, and disposition of U.S. government records

The Presidential Records Act establishes that presidential records belong to the United States and must be surrendered to the Archivist of the United States at the end of a president's term of office (or second term of office, if consecutive). The law governs the retention and management of records "created or received" by the president,  the vice president, their staffs, and certain other parts of the administration. The
National Archives and Records Administration The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It ...
(NARA) is the agency responsible for the execution of provisions of the law, as well as other laws related to records management.


Classified material

Policies governing the handling of classified records throughout the executive branch have been codified in a series of executive orders, with the most recent being
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
's
Executive Order 13526 Executive Order 13526 was issued on December 29, 2009, by United States President Barack Obama.
. Several statutes are also in play. The disclosure of information of national security interest is unlawful under the Espionage Act of 1917, even though that act makes no reference to the classification system, having predated its creation. Information related to nuclear security is governed by the Atomic Energy Act, which deems nuclear information to have been "
born secret "Born secret" and "born classified" are both terms which refer to a policy of information being classified from the moment of its inception, usually regardless of where it was created, and usually in reference to specific laws in the United Stat ...
". Unauthorized removal and retention of classified information of the United States government is a criminal offense under U.S. federal law; it has been a felony since the enactment of S. 139 (
FISA Amendments Reauthorization Act of 2017 The Foreign Intelligence Surveillance Act of 1978 ("FISA" , ) is a United States federal law that establishes procedures for the physical and electronic surveillance and the collection of "foreign intelligence information" between "foreign pow ...
), a law signed by President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
in January 2018 which increased the maximum term of imprisonment for this offense from one year to five.


Handling of government records during his presidency

Although under the Presidential Records Act official presidential records must be preserved and retained, Trump frequently destroyed and disposed of papers while president. Advisers regularly saw him destroy documents at the White House and Mar-a-Lago, as well as aboard
Air Force One Air Force One is the official air traffic control designated call sign for a United States Air Force aircraft carrying the president of the United States. In common parlance, the term is used to denote U.S. Air Force aircraft modified and us ...
. Trump continued this practice throughout his presidency, despite repeated admonishments from at least two of his
chiefs of staff The title chief of staff (or head of staff) identifies the leader of a complex organization such as the armed forces, institution, or body of persons and it also may identify a principal staff officer (PSO), who is the coordinator of the supporti ...
and from the
White House counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
. Trump's indiscriminate shredding of paper extended to "both sensitive and mundane" materials. In an attempt to deal with Trump's habits, early in his presidency, his aides developed special practices and protocols, with staffers from the Office of the Staff Secretary or the Oval Office Operations team retrieving piles of torn paper. Staff from the White House Office of Records Management pieced documents back together, using clear tape. Not all materials have been recovered: Trump White House staffers used " burn bags" frequently to destroy documents rather than retain them for handling in accordance with the law. On at least two occasions, Trump apparently flushed documents down the toilet at the White House Residence.


Handling of classified material

During his four years as U.S. president, Trump took a cavalier attitude toward U.S. classified information. After U.S. intelligence assessed in 2017 that the Russian government sought to manipulate the 2016 presidential election and promote Trump's candidacy, Trump ranted against what he claimed was a " deep state" and viewed the assessment as an insult. Months into his presidency, Trump revealed highly classified information to Russian officials in an
Oval Office The Oval Office is the formal working space of the President of the United States. Part of the Executive Office of the President of the United States, it is located in the West Wing of the White House, in Washington, D.C. The oval-shaped roo ...
meeting, forcing the CIA to extract a key
Moscow Moscow ( , US chiefly ; rus, links=no, Москва, r=Moskva, p=mɐskˈva, a=Москва.ogg) is the capital and largest city of Russia. The city stands on the Moskva River in Central Russia, with a population estimated at 13.0 million ...
source developed over years. In a July 2018 summit in Helsinki with Russian leader
Vladimir Putin Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
, Trump accepted Russia's denials that it had interfered in the 2016 election, rejecting the U.S. government's conclusions to the contrary. Trump frequently blasted the U.S. intelligence agencies on Twitter, and on two occasions, Trump revealed classified information on his
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
feed (in 2017, he made a Twitter post revealing a CIA program in
Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
, and in August 2019, he posted a classified satellite photo of a site in Iran that revealed U.S. satellite surveillance capabilities). Three years later, the
National Geospatial-Intelligence Agency The National Geospatial-Intelligence Agency (NGA) is a combat support agency within the United States Department of Defense whose primary mission is collecting, analyzing, and distributing geospatial intelligence (GEOINT) in support of natio ...
formally declassified the satellite image that Trump had tweeted, following a FOIA request, which required a Pentagon-wide review to determine if the briefing slide could be made public. Trump's erratic behavior led to mistrust from the U.S. intelligence and law enforcement agencies, who were also alarmed by Trump's mixing with guests during his frequent trips to Mar-a-Lago, viewing the practice as "ripe to be exploited by a foreign spy service eager for access to the epicenter of American power". Mar-a-Lago is frequented by its hundreds of members, as well as guests who visit or rent the facilities. In 2017, after North Korea conducted a ballistic-missile test, at least one Mar-a-Lago patron posted photos on social media of Trump talking on his cell phone and conferring with Japanese Prime Minister Shinzo Abe in the resort's dining room. In 2019, authorities arrested a Chinese national carrying phones and other electronic devices who had left a reception area at the club; the incident heightened security concerns regarding the club. During Trump's presidency, a sensitive compartmented information facility (SCIF) was operational at Mar-a-Lago for communications with the White House
Situation Room The Situation Room, officially known as the John F. Kennedy Conference Room, is a conference room and intelligence management center in the basement of the West Wing of the White House. It is run by the National Security Council staff for the u ...
and Pentagon. The SCIF was removed after he left office. In October 2020, Trump said on Twitter that he had "fully authorized the total declassification" of all documents related to what he called "the Russia hoax" and the Hillary Clinton email controversy. However, news organizations were told that these documents were still classified, and Trump's then-chief of staff Mark Meadows, in a sworn federal court filing, said that Trump had told him that Trump's "statements on Twitter were not self-executing declassification orders and do not require the declassification or release of any particular documents". In January 2021, Meadows sought to declassify unreleased Crossfire Hurricane materials which included text messages between former FBI agents Peter Strzok and
Lisa Page The following is a list of controversies involving the Federal Bureau of Investigation (FBI). Throughout its history, the FBI has been the subject of a number of controversial cases, both at home and abroad. Files on U.S. citizens The FBI has m ...
. Meadows dismissed concerns from the FBI of compromising the bureau, stating that Trump intended to declassify and release them. Trump declassified them after the White House settled with the FBI on redactions. However, Department of Justice (DOJ) officials warned Meadows that his plan to give the materials to conservative journalists could violate privacy law. When Trump left office,
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Joe Biden barred him from receiving the intelligence briefings traditionally given to former presidents, citing Trump's "erratic behavior".


2017 Oval Office incident with Russia

President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
discussed
classified information Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to kn ...
during an
Oval Office The Oval Office is the formal working space of the President of the United States. Part of the Executive Office of the President of the United States, it is located in the West Wing of the White House, in Washington, D.C. The oval-shaped roo ...
meeting on May 10, 2017, with the Russian Foreign Minister Sergey Lavrov and the Russian Ambassador Sergey Kislyak. The information was provided by a U.S. ally and concerned a planned Islamic State (ISIL) operation, providing sufficient detail that the Russians could use to deduce the identity of the ally and the manner in which it was collected, according to current and former government officials. The meeting had been closed to the U.S. press, although a photographer from the Russian press contingent was present. The disclosure was first reported in ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' on May 15, 2017. White House staff initially denied the report, but the following day, Trump defended the disclosure, stating that he has the "absolute right" to "share" intelligence with Russia. It was later reported that
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
was the source of the information. Israel did not confirm or deny the report but released a statement stating full confidence in the intelligence sharing relationships with the United States.
Ynetnews Ynet (stylized as ynet) is one of the major Israeli news and general-content websites, and is the online outlet for the '' Yedioth Ahronot'' newspaper. However, most of Ynet's content is original work, published exclusively on the website and wri ...
, an Israeli news website, had previously reported on January 12 that in a meeting held in early January (during Trump's presidential transition), U.S. intelligence officials advised Israeli
Mossad Mossad ( , ), ; ar, الموساد, al-Mōsād, ; , short for ( he, המוסד למודיעין ולתפקידים מיוחדים, links=no), meaning 'Institute for Intelligence and Special Operations'. is the national intelligence agency ...
and other intelligence officials to "be careful" when transferring intelligence information to the Trump White House and administration until the possibility of Russian influence over Trump, suggested by
Christopher Steele Christopher David Steele (born 24 June 1964) is a British former intelligence officer with the Secret Intelligence Service (MI6) from 1987 until his retirement in 2009. He ran the Russia desk at MI6 headquarters in London between 2006 and 200 ...
's report (commonly referred as the Steele dossier), has been fully investigated. U.S. officials were concerned that the information, particularly about sensitive intelligence sources, could be passed to Russia and then to
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
. Two Israeli intelligence officials confirmed privately that Trump's disclosure of the intelligence to Russia was "for us, our worst fears confirmed." They said the disclosure jeopardizes Israel's "arrangement with America which is unique to the world of intelligence sharing" and that Israeli officials were "boiling mad and demanding answers". The report was described as "shocking" and "horrifying" by some commentators and former U.S. intelligence officials. According to current and former U.S. officials interviewed by ABC News, Trump's disclosure endangered the life of a spy placed by Israel in ISIL-held territory in Syria. The classified information Trump shared came from a source described as the most valuable of any current sources on any current external plotting, according to ''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
''.


Reporting

On May 15, 2017, ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'', citing anonymous sources, reported that the intelligence was about an ISIL plot to stealthily use laptops as weapons that can then explode in Western countries, and that a Middle Eastern ally provided the intelligence, which was codeword-classified, meaning that its distribution was restricted only to those who were explicitly cleared to read it, and was not intended to be shared beyond the United States and certain allies. The incident was later reported by ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'',
Buzzfeed BuzzFeed, Inc. is an American Internet media, news and entertainment company with a focus on digital media. Based in New York City, BuzzFeed was founded in 2006 by Jonah Peretti and John S. Johnson III to focus on tracking viral content. Ke ...
, and
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was est ...
. The officials talking to BuzzFeed said, "it's far worse than what has already been reported." Immediately after Trump's disclosure, "which one of the officials described as spontaneous", "senior White House officials appeared to recognize quickly that Trump had overstepped and moved to contain the potential fallout." Immediately after the meeting, Thomas P. Bossert, assistant to the president for homeland security and counterterrorism, telephoned the directors of the
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
and the
NSA The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collec ...
to inform them what had occurred. The incident was seen as a pivot away from traditional American allies, and towards closer relations with Russia, and raised questions on Trump's respect for the Five Eyes intelligence-sharing agreement. Several commentators stated that by releasing classified information to Russia, Trump jeopardized American and allied intelligence sources, breached the trust relationship with America's foreign partners, threatened the long term national security of the country, and violated his oath of office through "
gross negligence Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injured as a result of gross negl ...
". All of these actions are possible legal grounds towards efforts to impeach Donald Trump. Aides privately defended the President, stating that Trump did not have sufficient interest or knowledge of the intelligence gathering process to leak specific sources or methods of intelligence gathering;
National Security Advisor A national security advisor serves as the chief advisor to a national government on matters of security. The advisor is not usually a member of the government's cabinet but is usually a member of various military or security councils. National sec ...
H. R. McMaster publicly maintained that Trump had not been briefed on the origins of the intelligence in question and therefore could not have compromised the source. According to conservative commentator Erick Erickson, multiple sources have stated that Trump's actions were far worse than what had been reported, and that one of the ''Post''s sources was a strong supporter of Trump who believed it was necessary to publicly disclose the story because of Trump's inability to accept criticism.


White House response

White House staff initially denied the veracity of the report during the evening of May 15. In a press briefing on the same day, McMaster denied ''The Washington Post'' report, saying, "At no time, at no time, were intelligence sources or methods discussed. And the president did not disclose any military operations that were not already publicly known. Two other senior officials who were present, including the secretary of state, remember the meeting the same way and have said so. And their on-the-record accounts should outweigh those of anonymous sources." He concluded by saying, "I was in the room, it didn't happen." McMaster said that "it was wholly appropriate to share" the information because of a similar ISIL plot two years earlier. Secretary of State
Rex Tillerson Rex Wayne Tillerson (born March 23, 1952) is an American engineer and energy executive who served as the 69th U.S. secretary of state from February 1, 2017, to March 31, 2018, under President Donald Trump. Prior to joining the Trump administ ...
stated that "common efforts and threats regarding counter-terrorism" were discussed in the meeting with Lavrov, but not "sources, methods or military operations". Deputy National Security Advisor for Strategy
Dina Habib Powell Dina Powell, also known as Dina Powell McCormick (née Habib , ar, دينا حبيب; June 12, 1973) is an American financial executive, philanthropist, and political advisor, best known for having been the United States Deputy National Securit ...
flatly rejected the ''Post'' article, saying: "This story is false. The president only discussed the common threats that both countries faced." On May 16, Trump implicitly confirmed a disclosure in a tweet, claiming that, "As President I wanted to share with Russia (at an openly scheduled W.H. meeting) which I have the absolute right to do, facts pertaining ... to terrorism and airline flight safety. Humanitarian reasons, plus I want Russia to greatly step up their fight against ISIS & terrorism."


Origin of the intelligence

The May 15 ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' article reported that the intelligence came from an unnamed Middle Eastern ally. On May 16, ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' named the relevant ally and source of the intelligence as Israel, saying that as a consequence, Trump's boasts to the Russian envoys could damage America's relationship with Israel and endanger Israel's security if Russia passes the intelligence on to
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
, Israel's main threat in the Middle East. The intelligence was so sensitive that it hadn't even been shared among key U.S. allies. Israeli intelligence officials were reportedly horrified by the disclosure. In public comments, Israeli officials including intelligence minister
Yisrael Katz Yisrael Katz ( he, ישראל כץ, 6 December 1927 – 29 October 2010) was an Israeli scholar, civil servant and politician who served as Minister of Labor and Social Affairs. He was one of the most influential people in Israel in the creation ...
, Ambassador to the United States Ron Dermer, and Defense Minister Avigdor Lieberman said the intelligence services of the two countries would continue to share information, with Dermer saying "Israel has full confidence in our intelligence-sharing relationship with the United States." However, speaking privately, unnamed Israeli sources said they might need to reassess what intelligence they share with the U.S. Israeli officials stated that it is Israel's "worst fears confirmed" about Donald Trump. The officials also stated that Israeli intelligence officers were "boiling mad and demanding answers" on its current intelligence-sharing agreement with the US. On May 22, while visiting Israel, Trump appeared to confirm both the disclosure and the identity of Israel as the source, telling the press "Folks, folks, just so you understand, just so you understand, I never mentioned the word or the name Israel during that conversation." It had been widely reported before May 22 that Israel was the source.


Reactions


U.S. Congress

Speaker of the House The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England. Usage The title was first recorded in 1377 to describe the role of Thomas de Hunger ...
Republican Paul Ryan said through a spokesman that he "hopes for a full explanation of the facts from the administration". Senator
Bob Corker Robert Phillips Corker Jr. (born August 24, 1952) is an American businessman and politician who served as a United States Senator from Tennessee from 2007 to 2019. A member of the Republican Party, he served as Chair of the Senate Foreign Rel ...
, chairman of the Senate Foreign Relations Committee, said that the allegations were "very, very troubling" if true. Senator
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two te ...
called the report "deeply disturbing" and said, "Reports that this information was provided by a U.S. ally and shared without its knowledge sends a troubling signal to America's allies and partners around the world and may impair their willingness to share intelligence with us in the future." McCain further stated: "Regrettably, the time President Trump spent sharing sensitive information with the Russians was time he did not spend focusing on Russia's aggressive behavior, including its interference in American and European elections, its illegal invasion of Ukraine and annexation of Crimea, its other destabilizing activities across Europe, and the slaughter of innocent civilians and targeting of hospitals in Syria." Senate Democratic Leader Chuck Schumer said, "The president owes the intelligence community, the American people and Congress a full explanation." Senator Dick Durbin, the Senate Democratic Whip, said that Trump's conduct was "dangerous" and "reckless". Senator Jack Reed, the ranking Democratic member of the United States Senate Committee on Armed Services, said, "President Trump's recklessness with sensitive information is deeply disturbing and clearly problematic." The
Democratic National Committee The Democratic National Committee (DNC) is the governing body of the United States Democratic Party. The committee coordinates strategy to support Democratic Party candidates throughout the country for local, state, and national office, as well ...
issued a statement, which included this: "If Trump weren't president, his dangerous disclosure to Russia could end with him in handcuffs."


Foreign countries

Reaction from foreign countries was generally negative. A top European intelligence official said that sharing of intelligence with the United States would cease if the country confirms that Trump did indeed share classified information with Russia, because sharing intel with Americans while Trump is president could put their sources at risk. Burkhard Lischka, a member of the German
Bundestag The Bundestag (, "Federal Diet") is the German federal parliament. It is the only federal representative body that is directly elected by the German people. It is comparable to the United States House of Representatives or the House of Comm ...
's intelligence oversight committee, said that if Trump "passes this information to other governments at will, then Trump becomes a security risk for the entire western world". Russian Foreign Ministry spokeswoman Maria Zakharova denied the U.S. media reports.


Academics

Several professors of law, political science, and international relations, as well as intelligence experts, were alarmed by Trump's disclosure. Intelligence expert Amy Zegart of Stanford University noted that Trump revealed code word intelligence, which is the highest layer of classification, even higher than the "top secret" classification. Such information, if revealed, could reasonably be expected to cause "exceptionally grave damage" to the national security of the United States. She wrote, "so just how bad is the damage? On a scale of 1 to 10—and I'm just ball parking here—it's about a billion." Counterterrorism expert Daniel Byman of Georgetown University said that disclosures such as Trump's could jeopardize intelligence sharing relationships, which "perhaps more than any other policy instrument ... play a vital role in counterterrorism against global terrorist groups like the Islamic State and Al Qaeda." The effects could be "disastrous". Professor
Jack Goldsmith Jack Landman Goldsmith III (born September 26, 1962) is an American legal scholar. He is a professor at Harvard Law School who has written extensively in the fields of international law, civil procedure, federal courts, conflict of laws, and nat ...
and other contributors to the Lawfare Blog said that Trump's release of classified information could be a violation of the President's oath of office: "There's thus no reason why Congress couldn't consider a grotesque violation of the President's oath as a standalone basis for impeachment—a high crime and misdemeanor in and of itself. This is particularly plausible in a case like this, where the oath violation involves giving sensitive information to an adversary foreign power. That's getting relatively close to the "treason" language in the impeachment clauses; it's pretty easy to imagine a hybrid impeachment article alleging a violation of the oath in service of a hostile foreign power. So legally speaking, the matter could be very grave for Trump even though there is no criminal exposure." While the authors argued Trump "did not violate any criminal law concerning the disclosure of classified information" because of the president's broad authority to declassify information, another legal scholar, Professor
Stephen Vladeck Stephen Isaiah Vladeck (born September 26, 1979) is the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, where he specializes in national security law, especially with relation to the prosecution of war cr ...
, wrote that the president's "constitutional power over national security information" is not unfettered and that Trump's disclosure "may actually have been illegal under federal law."
Harvard Law Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class i ...
emeritus professor Alan Dershowitz called the incident "the most serious charge ever made against a sitting president" and said that it was "devastating", with "very serious political, diplomatic, and international implications".


Aftermath

Leaking of sensitive information by the U.S. has led to the review of intelligence sharing arrangements by key allies, and also a review by the Department of Justice regarding the leaks from the United States. Soon after the Oval Office meeting, intelligence officials reportedly became concerned about the safety of a high-level CIA source within the Putin government, and decided to bring him out of Russia. The source had refused an earlier offer to extract him. The extraction, or "exfiltration", was carried out sometime in 2017. CNN and other news sources reported on this extraction in September 2019, along with details about the Russian. One source told CNN that the decision to remove him was based in part on concern about the Trump administration's mishandling of classified information. However, other sources said the concern for his safety was primarily based on a 2017 CIA report about Russian interference in the election, which had such specific information it might make Russia suspect a high-placed spy. A CIA spokesperson said the news reports were "misguided speculation", and a White House spokesperson said the reporting was "incorrect" and "has the potential to put lives in danger," although they did not specify why they considered the reporting flawed.


2019 tweet revealing spy-satellite capabilities

On August 30, 2019, Trump tweeted a classified image of recent damage to
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
's Imam Khomeini Spaceport that supposedly occurred as a result of an explosion during testing of a Safir SLV..Geoff Brumfiel
Trump tweeted an image from a spy satellite, declassified document shows
NPR (November 18, 2022).
Within hours of the tweet, aerospace experts, as well as amateur satellite trackers, had determined the photograph came from National Reconnaissance Office's
USA-224 __NOTOC__ USA-224, also known as NROL-49, is an American reconnaissance satellite. Launched in 2011 to replace the decade-old USA-161 satellite, it is the fifteenth KH-11 optical imaging satellite to reach orbit. Project history and cost After ...
, a highly classified reconnaissance satellite that is part of the KH-11 series of multi-billion-dollar spy satellites. Intelligence officials were astonished by Trump's public release of a surveillance photo with exceptionally high resolution, revealing highly classified U.S. surveillance capabilities.
Steven Aftergood Steven Aftergood is a critic of U.S. government secrecy policy. He directs the Federation of American Scientists project on Government Secrecy and is the author of the Federation publication '' Secrecy News''. Life and career Aftergood has a BS ...
of the
Federation of American Scientists The Federation of American Scientists (FAS) is an American nonprofit global policy think tank with the stated intent of using science and scientific analysis to attempt to make the world more secure. FAS was founded in 1946 by scientists who w ...
said of Trump's tweet: "He was getting literally a bird's eye view of some of the most sensitive US intelligence on Iran. And the first thing he seemed to want to do was to blurt it out over Twitter."
Robert Cardillo Robert Cardillo is a Distinguished Fellow at Georgetown University’s Center for Security and Emerging Technology. Prior to this appointment, he was the sixth Director of the National Geospatial-Intelligence Agency and was sworn in October 3, 20 ...
, who was director of the
National Geospatial-Intelligence Agency The National Geospatial-Intelligence Agency (NGA) is a combat support agency within the United States Department of Defense whose primary mission is collecting, analyzing, and distributing geospatial intelligence (GEOINT) in support of natio ...
(NGA) from 2014 to 2019, said he did not recall any authorized release of an image similar to the image revealed by Trump to his 60 million Twitter followers; Cardillo said he was "certain" that the U.S.'s adversaries, such as Russia and Iran, would have used the image to assess the U.S.'s capabilities. Before Trump's 2019 tweet, the only confirmed photographs from a KH-11 satellite were leaked in 1984 by a U.S. Navy analyst who went to prison for espionage. Trump defended the tweet by saying he had "the absolute right" to release the photo. The NGA declassified the original image in 2022, following a
Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act 1982, the Australian act * ...
request by NPR and an extensive U.S. Department of Defense declassification review of the briefing slide.


Other disclosures of intelligence

In an April 29, 2017, phone call, Trump told
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
President
Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
that the U.S. had positioned two nuclear submarines off the coast of
North Korea North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korean Peninsula and shares borders with China and Russia to the north, at the Yalu (Amnok) and T ...
. This was during a time when Trump was warning of a possible "major, major conflict" with North Korea. The locations of nuclear submarines are a closely guarded secret, even from the
Navy A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake-borne, riverine, littoral, or ocean-borne combat operations and related functions. It in ...
command itself: "As a matter of national security, only the captains and crew of the submarines know for sure where they're located." On May 24, 2017, Britain strongly objected to the United States leaking to the press information about the Manchester Arena bombing, including the identity of the attacker and a picture of the bomb, before it had been publicly disclosed, jeopardizing the investigation. British Prime Minister
Theresa May Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
issued a public rebuke, and British police temporarily stopped passing information to U.S. counterparts. In July 2017, after a private meeting with Russian President Vladimir Putin at the 2017 G20 Hamburg summit, Trump took the unusual step of confiscating and keeping his interpreter's notes. This led U.S. intelligence officials to express concern that Trump "may have improperly discussed classified intelligence with Russia." On Christmas 2018, Trump and First Lady Melania Trump flew to
Al Asad Airbase Ayn al Asad is an Iraqi Armed Forces base located in Al Anbar Governorate (also called Anbar province) of western Iraq. It was originally known as Qadisiyah Airbase. It was the second largest US military airbase in Iraq during Operation Iraqi ...
where Trump posted video to Twitter of several members of
Seal Team Five The United States Navy Sea, Air, and Land (SEAL) Teams, commonly known as Navy SEALs, are the U.S. Navy's primary special operations force and a component of the Naval Special Warfare Command. Among the SEALs' main functions are conducting s ...
in their camouflage and night-vision goggles, revealing the team's location and un-blurred faces. In a December 2019 interview with Bob Woodward, Trump stated, "I have built a nuclear — a weapons system that nobody's ever had in this country before," adding, "We have stuff that Putin and Xi have never heard about before. There's nobody. What we have is incredible."


End of presidency and beyond

{{also, Donald Trump#Post-presidential investigations Trump's presidential term ended at noon on January 20, 2021.{{Cite web , first1=Holmes , last1=Lybrand , first2=Marshall , last2=Cohen , first3=Hannah , last3=Rabinowitz , title=Timeline: The Justice Department criminal inquiry into Trump taking classified documents to Mar-a-Lago , url=https://www.cnn.com/2022/08/09/politics/doj-investigation-trump-documents-timeline/index.html , access-date=August 11, 2022 , date=August 12, 2022 , website= CNN His departure from the White House was "rushed and chaotic" because he spent his final days in office attempting to overturn his defeat in the
2020 United States presidential election The 2020 United States presidential election was the 59th quadrennial presidential election, held on Tuesday, November 3, 2020. The Democratic ticket of former vice president Joe Biden and the junior U.S. senator from California Kamala H ...
, his false allegations of voter fraud having led to the
January 6 United States Capitol attack On January 6, 2021, following the defeat of then- U.S. President Donald Trump in the 2020 presidential election, a mob of his supporters attacked the United States Capitol Building in Washington, D.C. The mob was seeking to keep Trump in p ...
and his second impeachment. In the last weeks of the Trump presidency, White House staff quit and aides resigned, leaving a small number of assistants in place who would have been able to properly preserve records. A former Trump aide said they were "30 days behind what a typical administration would be".{{cite web , last1=Lippman , first1=Daniel , last2=McGraw , first2=Meridith , last3=Lemire , first3=Jonathan , author3-link=Jonathan Lemire , title=Inside the frantic, final days of record-keeping that landed Trump in hot water , url=https://www.politico.com/news/2022/08/16/records-trump-fbi-white-house-mar-a-lago-00052272 , website=
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
, access-date=August 17, 2022 , archive-url=https://web.archive.org/web/20220817024258/https://www.politico.com/news/2022/08/16/records-trump-fbi-white-house-mar-a-lago-00052272 , archive-date=August 17, 2022 , date=August 16, 2022 , quote=Some aides recalled that staff secretary Derek Lyons attempted to maintain a semblance of order in the West Wing despite the election uncertainty. But he departed the administration in late December, leaving the task of preserving the needed records for the National Archives to others. The two men atop the office hierarchy{{snd then-White House chief of staff Mark Meadows and Trump{{snd took little interest in it, aides and advisers recalled. Meanwhile, responsibility for overseeing the pack up of the outer Oval and dining room, an area where Trump liked to work when not in the Oval Office, was left to Trump's assistants, Molly Michael and Nick Luna, according to multiple former aides. , url-status=live
White House staff secretary
Derek Lyons Derek S. Lyons is an American attorney and former White House Staff Secretary and Counselor to the President in the administration of former U.S. President Donald Trump. Education Lyons was a student of Strake Jesuit College Preparatory, from ...
attempted to maintain an orderly preservation of records in the West Wing, but he departed the administration in late December, and White House chief of staff Mark Meadows and Trump took little interest in doing so, leaving the task to others. ''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' quoted a former aide as saying: "If you only start packing with two days left to go, you're just running low on time. And if he's the one just throwing things in boxes, who knows what could happen?" The day before he left office, in a letter sent to Archivist of the United States David S. Ferriero, Trump designated seven senior Trump administration officials "as his representatives to handle all future requests for presidential records" including his
chief of staff The title chief of staff (or head of staff) identifies the leader of a complex organization such as the armed forces, institution, or body of persons and it also may identify a principal staff officer (PSO), who is the coordinator of the supporti ...
Mark Meadows, his
White House Counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
Pat A. Cipollone, and Deputy White House Counsel Patrick F. Philbin.{{cite news , first1=Zach , last1=Montague , first2=Lauren , last2=McCarthy , url=https://www.nytimes.com/2022/08/12/us/politics/trump-classified-records-timeline.html , url-access=subscription , title=The Timeline Related to the F.B.I.'s Search of Mar-a-Lago , newspaper=
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
, date=August 12, 2022 , access-date=August 22, 2022
On June 19, 2022, Trump notified NARA that he had made Kash Patel, a former Trump administration official, and journalist John Solomon his "representatives for access to Presidential records of my administration".{{cite news , last=Bump , first=Philip , date=August 15, 2022 , title=The curious timing of Trump naming two allies to access his records , newspaper=
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
, url=https://www.washingtonpost.com/politics/2022/08/15/trump-fbi-search-solomon-patel/ , url-access=subscription , access-date=August 15, 2022
In 2021, Trump reportedly told close associates that he regarded some presidential documents, such as correspondence with the North Korean leader
Kim Jong-un Kim Jong-un (; , ; born 8 January 1982) is a North Korean politician who has been Supreme Leader of North Korea since 2011 and the leader of the Workers' Party of Korea (WPK) since 2012. He is a son of Kim Jong-il, who was North Korea's sec ...
, as his personal property, although U.S. records legally belong to the government.{{cite news , last1=Haberman , first1=Maggie , author1-link=Maggie Haberman , last2=Thrush , first2=Glenn , author2-link=Glenn Thrush , last3=Savage , first3=Charlie , author3-link=Charlie Savage (author) , title=Files Seized From Trump Are Part of Espionage Act Inquiry – The materials included some marked as top secret and meant to be viewed only in secure government facilities, according to a copy of the warrant. , url=https://www.nytimes.com/2022/08/12/us/trump-espionage-act-laws-fbi.html , url-access=registration , date=August 12, 2022 , work=
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
, access-date=August 13, 2022
Since leaving the White House in 2021, some presidential records have been in Trump's possession and stored at Mar-a-Lago, where on August 8, 2022, the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice ...
(FBI) executed a search warrant. As of August 2022, the FBI has retrieved hundreds of documents marked with some level of classification both before and as a result of the search warrant. Trump's handling of these documents during the 19 months in his possession is unclear and is the subject of ongoing investigation. Speculation also continues regarding the nature of information contained in the documents retrieved so far, whether national defense information has been shared with unauthorized persons, and if so to what end.{{Cite web , last=O'Brien , first=Timothy L. , date=August 15, 2022 , title=Why Did Trump Take Classified Documents in the First Place? , url=https://www.washingtonpost.com/business/why-did-trump-take-classified-documents-in-the-first-place/2022/08/15/38d29916-1c8a-11ed-9ce6-68253bd31864_story.html , website=Washington Post


See also

* 2017 electronics ban *
Agent handling In intelligence organizations, agent handling is the management of so-called agents (called secret agents or spies in common parlance), principal agents, and agent networks (called "assets") by intelligence officers typically known as case o ...
*
FBI investigation into Donald Trump's handling of government documents In 2022, the Federal Bureau of Investigation (FBI) started the ongoing criminal investigation into former President Donald Trump's handling of classified and national defense-related government documents, looking for possible violations of ...
*
FBI search of Mar-a-Lago On August8, 2022, the Federal Bureau of Investigation (FBI) executed a search warrant at Mar-a-Lago, the residence of former U.S. president Donald Trump in Palm Beach, Florida. The search warrant application was authorized by U.S. Att ...
*
Timeline of investigations into Donald Trump and Russia (January–June 2017) This is a timeline of major events in the first half of 2017 related to the investigations into links between associates of Donald Trump and Russian officials that are suspected of being inappropriate, relating to Russian interference in the 2 ...
*
Timeline of investigations into Donald Trump and Russia (July–December 2017) This is a timeline of major events in second half of 2017 related to the investigations into links between associates of Donald Trump and Russian officials that are suspected of being inappropriate, relating to the Russian interference in the ...


References

{{reflist {{Trump presidency {{Russia–United States relations {{Israel–United States relations {{Portal bar, Russia, United States, Politics, 2010s {{DEFAULTSORT:Disclosure of classified information to Russia, Donald Trump 2017 controversies in the United States 2017 in American politics May 2017 events in the United States Classified information in the United States Military intelligence collection Counterterrorism intelligence Trump administration controversies Israel–United States relations Israel–Russia relations Russia–United States relations