Classified Chaos: Presidents, Classified Information, and the Public Interest
Shawn St Peter • February 3, 2023
In 1978, the Presidential Records Act (PRA) was enacted in response to the Watergate scandal to govern the management and preservation of records created or received by the President and their staff during official business. The PRA defines these records as the property of the United States government and mandates their preservation and public accessibility in accordance with the Freedom of Information Act (FOIA). The law also outlines the process of transferring the records to the National Archives and Records Administration (NARA) at the end of a President's term.
However, the issue of classified documents being retained by former officials has recently gained prominence. It has been reported that former officials from various levels of government discover they are in possession of classified material and turn it over to the authorities several times a year. The issue became more significant with former President Trump retaining classified material at his Florida estate, leading to the FBI seizure of thousands of pages of records last year. It was later revealed that both President Biden and former Vice President Pence have also found classified documents in their homes or offices. While these incidents have similarities, it is important to note the differences as well. It is also believed that the problem of over-classification in Washington D.C. and the federal government may be contributing to the issue.
President Donald Trump's issues with classified documents were among the most high-profile in recent years. The former President was known for his informal and unorthodox approach to the handling of sensitive information, often disregarding protocols and disregarding the recommendations of his advisors and security experts. This caused alarm and concern among intelligence agencies and sparked investigations into his administration's handling of classified material. In 2020, the FBI seized thousands of pages of records from Trump's Florida estate after reports emerged that he was retaining classified material there. This event marked an unprecedented moment in the history of US presidential transitions and brought the issue of proper handling of classified information to the forefront of national discourse. Despite these concerns, Trump has maintained that he did nothing wrong and that he had every right to retain the information as a former President. This sparked a legal battle over the ownership of the records and their ultimate disposition. The case remains ongoing, but it has highlighted the need for a better system to ensure that classified information is protected and properly disposed of after a presidential transition.
In the aftermath of the situation with Trump, both President Joe Biden and former Vice President Mike Pence have discovered classified documents in their homes or offices. President Biden found documents from his time as Vice President and in the Senate, while former Vice President Pence found documents from his time in office under President Trump. These discoveries have sparked concerns about the handling of classified information and raised questions about the security measures in place to protect such information. It is important to note that both President Biden and former Vice President Pence have turned over the documents to the appropriate authorities, following protocol. However, these incidents highlight the need for better systems and procedures to ensure that classified information is properly secured and not accidentally left in the possession of former government officials.
Interestingly, while these cases may seem similar, they are in fact vastly different. Biden has openly cooperated with authorities, admitted to the mistake, and is taking steps to correct it. On the other hand, Trump has lied and stonewalled the government and does not believe the documents belong to anyone but himself, despite the Presidential Records Act. The sheer volume of documents recovered is also significantly different, with less than 30 documents recovered from Biden compared to thousands of documents recovered from Trump. Additionally, while the FBI has searched the homes and offices of both individuals, Biden's searches were consensual and cooperative, while Trump's were combative, with the FBI having to execute a search warrant on his Florida estate.
One thing to keep in mind, while there has been rampant and wild speculation as to what reasons these men had for keeping these documents, there has been no indication that either Trump or Biden had any intention of doing anything nefarious with these documents. Each investigation is being handled by an independent government official. In Trump’s case, the presiding Judge ordered a special master, and Attorney General Merrick Garland appointed a special counsel to oversee Biden’s case. The special master, appointed to handle Trump's case, was given the task of reviewing the documents in question to determine their relevance and whether they could be used as evidence in the ongoing investigation. Meanwhile, the special counsel in Biden's case was tasked with conducting a comprehensive investigation into the matter and making any necessary disclosures to the public. The government's disclosures in September and August of 2022 added further transparency to the process, as the public was given access to previously undisclosed information about the nature of the investigation and the reasoning behind the appointments of the special master and counsel. Overall, these events demonstrate the government's commitment to conducting thorough and impartial investigations, free from political influence or interference.
There have been a few non-presidential high profile cases involving the handling of classified documents. When it was found out that Hillary Clinton was using her personal server for government work, they reviewed the 7,000 e-mails and none of them were classified at the time they were sent or received. However, before releasing the e-mails, the federal government decided that under 10 emails should have been marked classified and roughly 2100 documents should have been marked confidential. In 2012, then CIA director David Petraeus, retired after admitting that he provided classified documents to Paula Broadwell, his mistress and biographer.
One thing to keep in mind though, is that over-classification is a recognized issue in the US government. It refers to the practice of labeling information as classified when it should not be, leading to the restriction of access to important information that should be publicly available. While the number of classified documents in a year by the US government varies and is difficult to determine accurately. However, according to a 2018 report by the Director of National Intelligence, the government classified about 79.5 million documents in 2016. This number has likely changed in recent years, but information on the exact number is not publicly available. Over-classification not only undermines government transparency and accountability, but also hinders the free flow of information necessary for effective policymaking, law enforcement, and intelligence activities. Over-classification can also create security risks, as it can make it harder for those with proper clearance to access information that is necessary to protect national security. Efforts to reduce over-classification and promote responsible classification practices have been ongoing for many years, with varying levels of success.
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Note – this article was written by ChatGPT. I asked it to write an explainer post for my website in the style of Malcolm Gladwell. As part of this week’s podcast, I had ChatGPT co-produce it with me. It came up with script suggestions. I asked it to help me write an explainer companion post for the website. I did not really like the first one it wrote, and so I tried asking for different types of articles, asking for a particular style(witty, snarky, etc) or well know writers (Bill Simmons, Malcolm Gladwell). The below is the one by Gladwell, which I liked the best.
I have made no edits.
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