When President Trump disclosed classified intelligence information to Russian officials last week, did he commit a crime?
Considering that the President is the author of the national security classification system, and that he is empowered to determine who gets access to classified information, it seems obvious that the answer is No. His action might have been reckless, I opined previously, but it was not a crime.
Yet there is more to it than that.
The Congressional Research Service considered the question and concluded as follows in a report issued yesterday:
“It appears more likely than not that the President is presumed to have the authority to disclose classified information to foreign agents in keeping with his power and responsibility to advance U.S. national security interests.” See Presidential Authority to Permit Access to National Security Information, CRS Legal Sidebar, May 17, 2017.
This tentative, rather strained formulation by CRS legislative attorneys indicates that the question is not entirely settled, and that the answer is not necessarily obvious or categorical.
And the phrase “in keeping with his power and responsibility to advance U.S. national security interests” adds an important qualification. If the president were acting on some other agenda than the U.S. national interest, then the legitimacy of his disclosure could evaporate. If the president were on Putin’s payroll, as the House majority leader lamely joked last year, and had engaged in espionage, he would not be beyond the reach of the law.
Outlandish hypotheticals aside, it still seems fairly clear that the Trump disclosures last week are not a matter for the criminal justice system, though they may reverberate through public opinion and congressional deliberations in a consequential way.
But several legal experts this week insisted that it’s more complicated, and that it remains conceivable that Trump broke the law. See:
“Don’t Be So Quick to Call Those Disclosures ‘Legal'” by Elizabeth Goitein, Just Security, May 17, 2017
“Why Trump’s Disclosure to Russia (and Urging Comey to Drop the Flynn Investigation, and Various Other Actions) Could Be Unlawful” by Marty Lederman and David Pozen, Just Security, May 17, 2017
“Trump’s disclosures to the Russians might actually have been illegal” by Steve Vladeck, Washington Post, May 16, 2017
Update, 05/23/17: But see also Trump’s Disclosure Did Not Break the Law by Morton Halperin, Just Security, May 23, 2017.
Investing in interventions behind the walls is not just a matter of improving conditions for incarcerated individuals—it is a public safety and economic imperative. By reducing recidivism through education and family contact, we can improve reentry outcomes and save billions in taxpayer dollars.
The U.S. government should establish a public-private National Exposome Project (NEP) to generate benchmark human exposure levels for the ~80,000 chemicals to which Americans are regularly exposed.
The federal government spends billions every year on wildfire suppression and recovery. Despite this, the size and intensity of fires continues to grow, increasing costs to human health, property, and the economy as a whole.
To respond and maintain U.S. global leadership, USAID should transition to heavily favor a Fixed-Price model to enhance the United States’ ability to compete globally and deliver impact at scale.