There is much discussion about the protection of Top Secret documents, yet this is inconclusive since less than 10 percent of the population have ever held Top Secret classification. Thus, a majority of Americans do not understand the significance of a document being labeled “Top Secret”. Hopefully, this article will bring some understanding about Top Secret to the readers.
During my Air Force service, I was an electronic warfare office on a B-52 bomber, my primary function was allowing our aircraft to penetrate enemy territory and deliver nuclear weapons on our targets. The tools and tactics I had available were highly classified. Governor DeSantis has stated that when he was a naval office, if he had kept classified documents, he would have been court-martialed. The same would have happened to me during my Air Force service. We were subject to the Uniform Code of Military Justice (UCMJ). Presidents, vice presidents and secretaries of state are not subject to the UCMJ.
First, let us define what “Top Secret” means, then why control of these documents is so important, and, finally, what should be the consequences for allowing highly sensitive documents to be available to unauthorized persons? What is the requirement for labeling a document as Top Secret? “The test for assigning Top Secret classification is whether its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security.”
Most discussions of the consequences of allowing classified information to be available to unauthorized individuals include the concern about our adversaries learning what we know, as well as our strengths and weaknesses. There are more devastating consequences that are generally not mentioned.
Much of the data used in intelligence assessments is derived from spies or cooperating citizens of the target country. The former would be American intelligence operatives posing as business people or diplomats. Disclosure of classified material could lead the adversary to conclude how the information was obtained. Spies or cooperating citizens might suffer an “accident” or a “rare disease.” They might be arrested and tortured due to their exposure.
Another significant consequence would be the intelligence agencies of our allies becoming reticent to share knowledge with the U.S. Would Britain, Germany, Japan or Israel want to take a chance of having their intelligence exposed by the carelessness of an American politician?
What would be a reasonable outcome for an American leader who allowed Top Secret materials to be seen by unauthorized individuals? Hillary Clinton, Mike Pence and Joe Biden carelessly allowed classified documents to be kept in unsecured locations. They should have each received a hefty fine, their action was not deliberate but it did put our nation at risk.
Donald Trump’s actions, if the evidence presented in the federal indictment is true, indicates that he knew what he was doing and knew it was wrong. He delayed and obfuscated the return of sensitive materials to the proper, secure location. That is more troubling than the other three individuals, and if found guilty by the jury, should receive a punishment beyond a significant fine.