In the last few days, President Donald Trump has made headlines yet again after casually sharing classified intel and information with the Russian Prime Minister. The information has been speculated to come from Israel and to contain information regarding bombs and new batteries. While the contents of said classified intel is probably interesting and full of facts we'd all love to know and tell, the point and the problem is that they were classified. It has been said that Trump's sharing of this information could be highly destructive to the fight against ISIS, and we all know (or we should know) that it is bizarre, unsafe, and reckless. Eliot Cohen, a counselor of the State Department under George W. Bush, Tweeted, "This is appalling. If accidental, it would be a firing offense for anyone else. If deliberate, it would be treason." But it somehow is not illegal for Trump. Here's why:
The President, as commander-in-chief, has the ability to declassify information as they so please. The President also has the power to decide what should or should not be classified as classified to begin with. In 1988 the Supreme Court decided that the President's “authority to classify and control access to information bearing on national security” comes "from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant."
I think that this is preposterous, to be completely honest. If something is classified by the time it hits the desk in the Oval Office, it should probably stay that way, regardless of whether or not Trump wants to share it with his Russian buddies or with anyone else. If something is classified when it gets to the President, it is because someone in government, someone who arguably could know more about the information contained in classified intel than the President does, the classified intel is classified for a reason.
In this situation, and in any other situations that are sure to arise in the future, Trump can technically share whatever information he wants with whomever he wants whenever he wants through whatever medium he wants. If that means he wants to Tweet it out at three in the morning from Mar-a-Lago, well, it just so happens that he can.
Former CIA and NSA Director Michael Hayden appeared on Stephen Colbert’s “Late Show" and said, "When the President decides to tweet something and make it public, it is in that action no longer classified."
There are no true checks and balances set in place to prevent volatile information passing from the lips of the President to the Russian Prime Minister or the iPhone screens of the general public and this is not only a direct affront to the safety of billions of people, American citizens and international citizens alike, but it is also yet another loophole through which the American government places too many privileges and too much power in the hands of one person.
This has happened in the past.
Richard Nixon did it in April 1969. Following the downing of a United States plane just off the coast of North Korea, he appeared to share that the US could intercept North Korean radar.
In 1986, Ronald Reagan hinted that the United States had broken Libyan codes after revealing that the United States could read classified Libyan government messages.
And in 2012, Barack Obama allowed classified information about the raid that killed Osama Bin Laden to become public and was slammed by former Navy SEALS, as well as former Defense Secretary Leon Panetta and former Defense Secretary Robert Gates.
This is not a new occurrence in American politics. However, I do believe that because of our current President's affection for Twitter and his tendency to be highly unpredictable and capricious, we have reason to be significantly alarmed and cautious moving into the future.
Now: how about we close up some of those loopholes?