What are classified documents? Who gets to see them? What happens if they are released?
Documents sought by the U.S. Justice Department from former President Donald Trump may contain material related to what The New York Times described as “some of the most highly classified programs run by the United States.” The Washington Post reported that “classified documents relating to nuclear weapons were among the items FBI agents sought” during a search of Trump’s Florida home on Aug. 8, 2022.
Though classified information can be taken off the premises in the course of official duties, taking classified documents home is prohibited by executive order.Clearance and classificationBefore coming to academia, I worked for many years as an analyst at both the State Department and the Department of Defense.
But not all of classified details describe covert operations or identities of spies. Many are rather mundane. A former colleague of mine who was a retired CIA analyst used to tell his students he would never knowingly, but almost certainly would inadvertently, share a tidbit of classified information in the classroom. It is difficult to remember many “smaller” details that are sensitive.
This is often used for the most highly sensitive information, such as that pertaining to sources and methods – that is, how and from where intelligence is collected. U.S. Attorney General Merrick Garland after making a public statement about the search of Donald Trump’s home. Drew Angerer/Getty Images
Mishandling classified information, especially if it is accidental, is usually handled as an administrative matter. However, more serious violations can incur criminal charges and penalties. Federal law states that anyone who “knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.
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