How Classified Information Typically Gets Shared, and Can Officials Declassify Secrets Whenever They Want?
Dakota Rudesill, an associate professor of law at The Ohio State University, shed light on how classified information is typically shared among government officials and whether they can declassify secrets at will.
The Cost of Protecting National Security
When it comes to communicating about classified information, there are several methods that government officials use. First, there's in-person communication – a conversation with colleagues in a sensitive compartmented information facility (SCIF), a secure room with a big door and lock where security officials sweep the area for bugs.
Second, there's print communication: written documents with classification markings that require special handling and transportation. Third, intelligence agencies, the White House, and the Department of Defense use secure electronic systems like visual teleconferences, secure email systems, and secure phones to discuss highly classified information.
Many people with security clearance have what's called "high side" email, which is shorthand for classified email and messaging. They may also have two work drives and two computers – one "low side," where they can access unclassified official emails, documents, and the internet.
The Use of Signal: A Commercial App with Encryption
But what about commercial apps like Signal? The Trump administration officials allegedly used Signal to discuss specific plans to attack Houthi militants in Yemen. While Signal is generally considered secure, it's not perfect, and there's public evidence that it's been penetrated by Russian intelligence.
Can Officials Declassify Secrets Whenever They Want?
The president can classify and declassify information at will via oral or written instruction. However, this power comes with significant consequences.
According to the Espionage Act, unauthorized retention and dissemination of sensitive information can lead to criminal charges. If Trump's national security Cabinet shared classified information on Signal without proper clearance, it could be seen as "gross negligence" that puts the country at risk.
Was the Information Shared on Signal Likely Classified?
The Signal message transcript reveals several details that seem likely to be classified, including the precise times of plane takeoffs, bomb types, and the president's green light for secret strikes in a Situation Room meeting.
Other Issues Raised by This Scandal
This scandal raises several questions about how government officials handle sensitive information. For example:
- The Trump administration may have used Signal without proper consideration of its security risks, especially given the Pentagon's warning against using the app due to hacking concerns.
- Using a commercial app like Signal for sensitive discussions raises questions about the wisdom of such decisions.
- The fact that Steve Witkoff, Trump's envoy to Ukraine and the Middle East, was party to the chat while in Russia raises concerns about potential surveillance.
The Enforcing of Laws by the Trump Administration
The law both authorizes and limits government actions. However, under Trump's claim that he is the final authority on the law, it seems that only the Justice Department is enforcing the law against outsiders in the administration. This raises significant concerns about the rule of law.