Why keeping 'Top Secret' docs was Trump's 2nd biggest error

From: POLITICO's National Security Daily - Friday Aug 12,2022 08:07 pm
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By Alexander Ward

The entrance to former President Donald Trump's Mar-a-Lago estate is shown, Monday, Aug. 8, 2022, in Palm Beach, Fla.

The entrance to former President Donald Trump's Mar-a-Lago estate is shown, Monday, Aug. 8, 2022, in Palm Beach, Fla. | Terry Renna/AP Photo

With help from Lawrence Ukenye and Daniel Lippman

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Reports of former President DONALD TRUMP storing 11 sets of classified documents , possibly containing nuclear weapons -related and “special access program” info, at Mar-a-Lago have centered attention on the sensitivity of those papers.

But the more important aspect, according to a former official who assisted GEORGE W. BUSH 's handling of the government's classification system, is the lack of protection of those items.

“Let's say one of those documents was about Bill Leonard and had my social security number on it. The Privacy Act prohibits the disclosure of that information,” said J. WILLIAM LEONARD, who from 2002 to 2008 led the Information Security Oversight Office . “But if you're talking about information related to nuclear weapons or whatever, the safeguarding requirements are the same. It still needs to be in approved storage facilities, still may need to be under constant surveillance in terms of either guards or alarm systems. You need to ensure that only authorized people have access to it.”

The Wall Street Journal reported that the FBI's haul from "the southern White House" included 11 sets of classified documents, including some items with information about the president of France .

Leonard called the caterwauling over what Trump could and could not declassify while president a “red herring.” Yes, he acknowledged, Trump had broad powers to declassify nearly all intelligence, except when they contained information of nuclear issues, covert operations and operatives, or data sent to the U.S. by a treaty partner.

But he doesn’t have the right to leave those papers lying around Mar-a-Lago for anyone to access, especially when the club is a counterintelligence nightmare with horrific security .

That, and the Presidential Records Act , is why Leonard felt it was “appropriate for the government to insist on recouping possession.”

He noted that most of these situations typically resolve themselves amicably — and clearly, this was not one of those situations. “You revert to the criminal justice system only in the most anomalous or unusual circumstances,” Leonard told NatSec Daily. It’s still unclear why the FBI took such a step, which followed a grand jury subpoena in June .

Whatever the reason, the government’s move means it’s more likely now that some government secrets are secured.

“I would be surprised that even amongst the unclassified information in the 15 boxes or however many they removed, that there was not classified information that required protection,” Leonard told NatSec Daily before news of the contents of Trump's documents broke.

BREAKING: Breitbart reports that it has the Mar-a-Lago raid warrant . “Attachment B to the warrant delineates the three statutes which agents are pursuing evidence under. They are: 18 U.S.C. § § 793, 2071, and 1519,” MATTHEW BOYLE wrote.

Per a tweet by The Guardian’s HUGO LOWELL : “18 USC 2071 — Concealment, removal or mutilation. 18 USC 793 — Gathering, transmitting or losing defense information. 18 USC 1519 — Destruction, alteration or falsification of records in Federal investigations."

POLITICO also obtained the warrant .

The Inbox

LITTLE SIGN OF KHERSON OFFENSIVE: There’s little sign yet on the outskirts of the southern Ukrainian city of Kherson of an imminent counteroffensive.

“[I]n trenches less than a mile from Russia’s positions in the area, Ukrainian soldiers hunker down from an escalating onslaught of artillery, with little ability to advance,” The Washington Post’s LOVEDAY MORRIS, LIZ SLY, DALTON BENNETT and ANASTACIA GALOUCHKA reported. “Residents who have fled villages in the Kherson region have described Russian forces moving in reinforcements, and officials have eyed those troop movements warily.”

“They’ve dug in,” OLEKSANDR VILKUL, head of the military administration in Kryvyi Rih, told the Post. “We know that they are trying to fortify their positions. The enemy has significantly increased its artillery along the entire [60-mile front] line.”

The Ukrainians lack the requisite artillery and armored vehicles needed to make a push, per the Post, giving Russian forces the chance to regroup and build up, while Kyiv struggles to pay its soldiers due to slowly arriving Western funds .

NatSec Daily wants to know: Is the Kherson counteroffensive a ruse, perhaps intended to divert Russia’s attention away from Ukraine's east? Likely not, but we’ve been wondering why Kyiv has so loudly telegraphed its intentions.

KEEP A LID ON IT: Ukrainian President VOLODYMYR ZELENSKYY cautioned the country's defense officials against speaking to the press amid fears they may be leaking military tactics in their fight against Russia, The Guardian reported.

"If you want to generate loud headlines, that’s one thing — it’s frankly irresponsible. If you want victory for Ukraine, that is another thing, and you should be aware of your responsibility for every word you say about our state’s plans for defense or counter attacks," Zelenskyy said.

The warning came as two Ukrainian officials told POLITICO that Ukraine was responsible for an attack on a Russian airbase in Crimea. The Kremlin claims that explosions were the result of accidentally detonated munitions while Ukraine's defense ministry denied responsibility for the blasts.

U.S. and UN officials have been concerned by recent fighting near nuclear facilities, prompting Russia to reject calls for a demilitarized zone near a Ukrainian nuclear facility.

EVACUATION FROM NEAR NUCLEAR PLANT: Fears of a radiation leak at the Russian-controlled Zaporizhzhia nuclear plant led Ukrainian officials to plan for evacuations of nearby residents.

“The power plant is not just in enemy hands, but in the hands of untrained specialists who can cause a tragedy,” Ukrainian Interior Minister DENYS MONASTYRSKYI told The Wall Street Journal’s YAROSLAV TROFIMOV , adding that the access of Ukrainian personnel has been restricted in some areas. “The level of danger is the highest. It’s hard to even imagine the scale of the tragedy if Russian activities continue there. We have to prepare for all scenarios now.”

Concerns are mounting about the fate of Europe’s largest nuclear plant, equipped with six reactors. Russia rejected a United Nations plea to demilitarize the area around Zaporizhzhia as the facility gets rocked with more shelling . Both Ukraine and Russia accuse each other of striking the plant.

IT’S FRIDAY. WELCOME TO THE WEEKEND: Thanks for tuning in to NatSec Daily. This space is reserved for the top U.S. and foreign officials, the lawmakers, the lobbyists, the experts and the people like you who care about how the natsec sausage gets made. Aim your tips and comments at award@politico.com , and follow me on Twitter at @alexbward .

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Flashpoints

IRAN MURDER PLOT COMPLICATES NUCLEAR DEAL RETURN: The news that an Iranian schemed to murder former national security adviser JOHN BOLTON could derail America’s journey to reviving the nuclear deal, our own NAHAL TOOSI reported.

Critics of the deal, from Bolton on down, say the revelation showed the true nature of the regime and that the U.S. should stop talking to Iranian officials. But “[f]or now, [President JOE] BIDEN is not indicating he will walk away from efforts to restore the nuclear agreement,” Toosi wrote.

Biden continues to believe that “diplomacy is the best path” to ensuring “Iran never acquires a nuclear weapon,” a White House spokesperson said in a statement. “At the same time, the Biden administration has not and will not waiver in protecting and defending all Americans against threats of violence and terrorism.”

A U.S. official familiar with the issue stressed that the Biden administration is well-aware that Iran presents challenges beyond the nuclear threat: “We have been seeking a nuclear deal precisely because an unconstrained Iranian nuclear program would make all the other very serious problems we have with them — and we have many — far worse.”

But wait! Iran may yet support the terms of a nuclear deal proposed by the European Union, Iranian state media announced Thursday .

Keystrokes

STATE OFFERS $10M FOR RANSOMWARE GANG MEMBERS: The State Department offered a $10 million reward for information leading to the whereabouts of the Kremlin-linked Conti (aka Wizard Spider) ransomware group.

“After Russian military forces invaded neighboring Ukraine in February 2022, Conti ransomware operators pledged support to the Russian government and threatened critical infrastructure organizations of countries perceived to carry out cyberattacks or war against the Russian government,” State wrote in a Thursday bulletin.

“First detected in 2019, Conti ransomware has been used to conduct more than 1,000 ransomware operations targeting U.S. and international critical infrastructure, such as law enforcement agencies, emergency medical services, 9-1-1 dispatch centers, and municipalities. These healthcare and first responder networks are among the more than 400 organizations worldwide victimized by Conti, over 290 of which are located in the United States.”

The cyber threat actors known as “Target,” “Reshaev,” “Professor,” “Tramp,” and “Dandis.”

The Complex

TAIWAN MISSILE DEFENSE DEAL: Taiwan and the U.S. have inked an $83 million agreement to renew the contract to maintain the island's existing Patriot missile defense system, Taiwan officials announced Thursday . The new deal for the U.S.-made system will extend through 2026 and Taiwan has deployed them since 2007.

China has opposed American military sales to Taiwan and U.S. partners in the region. Beijing recently clashed with South Korea after they rejected China's calls to halt any additional deployments of the Terminal High Altitude Area Defense missile systems from the U.S.

The deal comes as the People's Liberation Army engaged in a recent series of live-fire military exercises in the Taiwan Strait following House Speaker NANCY PELOSI's high-profile visit to the self-governing island.

The State Department approved roughly $108 million in military aid for Taiwan in July, but the package must be approved by Congress before it reaches Taipei.

The National Security Council’s top Asia official, KURT CAMPBELL, told reporters that China’s aggression toward Taiwan could last “weeks and months” longer. He also said Biden and Chinese leader XI JINPING discussed a face-to-face meeting, but had nothing to announce.

On the Hill

MARKEY MEETS YOON: Sen. ED MARKEY (D-Mass.), who’s leading a congressional delegation to Asia, met Friday with South Korean President YOON SUK-YEOL .

“Glad to have a productive discussion with @EdMarkey on various areas including North Korean nuclear issue, climate change, science & technology, and industries. Look forward to working closely with the U.S. Congress on strengthening the ROK-US alliance,” Yoon tweeted.

Markey is in the region to discuss climate change, nuclear non-proliferation and human rights with allies. But he hasn’t announced where, exactly, he’ll be going, as Senate Foreign Relations Committee members are advised not to announce their destination until they’re departing.

Broadsides

‘WE PUT SO MANY PEOPLE IN HARM'S WAY’: A former State Department official who received an Award for Heroism for his actions during the evacuation of Kabul took the administration to task in PATSY WIDAKUSWARA’s latest for Voice of America .

“I'm really angry that we did that. We put so many people in harm's way,” the former official said on the condition of anonymity, recalling last year’s events. “How did that happen? There are so many things that failed leading up to it.”

JONATHAN SCHRODEN , director of the Countering Threats and Challenges Program at the Center for Naval Analyses, told Widakuswara that the government needed to grapple with the lessons learned.

“[T]here hasn't been a more dedicated and resourced effort” to do so, he said. “It's more important for long-term systemic learning and organizational learning. Revisiting in detail how did we end up in a situation where we had to do that withdrawal, to do an evacuation, is critically important…. Right now, beyond what SIGAR is doing, there is no effort inside the U.S. government to do that systematically.”

Both the State Department and the Pentagon are still working on the after-action reviews and will release them once completed, White House officials continue to say.

 

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Transitions

FIRST IN NAT SEC DAILY: ELVIR KLEMPIC is now senior associate director for candidate recruitment in the Presidential Personnel Office, our own DANIEL LIPPMAN has learned. He most recently was a special assistant at the State Department.

GLENN MILLER, the State Department’s acting chief information officer, is expected to leave his job by the end of the year. Miller has had a three-decade career at State, serving in Moscow, Seoul and Kabul, among other locations. (h/t Fedscoop’s NIHAL KRISHAN and JOHN HEWITT JONES ) 

BRIAN JONES, the State Department’s director of cloud programs, is set to leave his post after three years in the job. Jones has been at State since 2008 and will remain in government service. (h/t again to John Hewitt Jones )

— KAROUN TCHOLAKIAN is now deputy White House liaison at the U.S. Agency for International Development, Lippman has also learned. She most recently was special assistant to the assistant secretary for global affairs at the Department of Health and Human Services.

What to Read

ELLIOT ACKERMAN, POLITICO Magazine: “ ‘I think she just made contact . . . Standby’: Escape from Kabul

KARIM SADJADPOUR, The New York Times: “ What the U.S. Gets Wrong About Iran

LEON HARTWELL, HIKMET KARČIĆ, and JOSEPHINE MINTEL, War On The Rocks: “ Send NATO Troops to Help Stabilize Bosnia and Herzegovina

Monday Today

The Center for Strategic International Studies, 10 a.m.: "Afghanistan One Year Later, Consequences and Responsibilities."

The Hudson Institute, 12 p.m.: "U.S. Withdrawal from Afghanistan and the Taliban's Return, One Year Later."

Have a natsec-centric event coming up? Transitioning to a new defense-adjacent or foreign policy-focused gig? Shoot me an email at award@politico.com to be featured in the next edition of the newsletter.

And thanks to our editor, Ben Pauker, who can’t decide if he prefers the codename “Target” or “Tramp” — but definitely doesn’t deserve “Wizard Spider.”

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