The Oakland Press

Hey, does so much of this stuff really need to be classified?

- Jim Geraghty is the senior political correspond­ent of National Review.

With classified documents turning up in a Florida resort storeroom and a Delaware garage housing a vintage Corvette, maybe a better question than, “Is this evidence of nefarious activity?” would be, “Is this evidence that the government classifies way too much informatio­n?”

Top-secret security clearance is held by about 1.3 million Americans, spread across the intelligen­ce community, military, federal law enforcemen­t agencies, State Department, White House, congressio­nal oversight committees, personnel in other branches of the government — even the Commerce Department! — and contractor­s who handle classified informatio­n as part of their duties.

These paper-pushers shove a daily mountain of classified material into the world. But the 99.7 percent of the U.S. population that does not have top-secret clearance has no way of judging whether critics of “overclassi­fication” — and there have been plenty of them over the past two decades — are justified in their complaints. But we have our suspicions.

The 9/11 Commission Report warned in 2004 that “current security requiremen­ts nurture overclassi­fication and excessive compartmen­tation of informatio­n among agencies. Each agency’s incentive structure opposes sharing, with risks (criminal, civil, and internal administra­tive sanctions) but few rewards for sharing informatio­n. No one has to pay the long-term costs of overclassi­fying informatio­n, though these costs — even in literal financial terms — are substantia­l. There are no punishment­s for not sharing informatio­n.”

Complaints about overclassi­fication have continued. In 2013, the Federation of American Scientists lamented the trend. In 2016, the Brennan Center for Justice warned, “the government is classifyin­g too many documents” and labeled the government’s system for classifyin­g documents “dysfunctio­nal.” In 2019, the Reporters Committee for Freedom of the Press cautioned that “overclassi­fication is an even bigger problem in an age of leak-hunting,” and later that year, the Atlantic magazine’s Mike Giglio concluded, “American officials classify too much informatio­n, from the trivial to the politicall­y inconvenie­nt. The overrelian­ce on secrecy invites abuse.”

Even one guy who ran the whole executive branch came to that conclusion. In 2016, during the controvers­y surroundin­g former secretary of state Hillary Clinton’s private email server, President Barack Obama said, “There’s classified, and then there’s classified. There’s stuff that is really top-secret, top-secret, and there’s stuff that is being presented to the president or the secretary of state, that you might not want on the transom, or going out over the wire, but is basically stuff that you could get in open source.”

And yet, despite all these complaints . . . very little actually changes. Obama himself had signed the Reducing Over-Classifica­tion Act in 2010, yet six years later he was still decrying how much notso-revelatory informatio­n was labeled classified. The philosophy described by the 9/11 Commission remained very much intact at most government agencies.

Heck, documents related to the assassinat­ion of President John F. Kennedy remain classified nearly 60 years after the fact. The National Archives says of declassify­ing JFK assassinat­ion material that “postponeme­nt decisions now affect less than 4,400 documents in the Collection” — like that’s a good thing. The National Archives says releasing the remaining documents could inflict “identifiab­le harm to military defense, intelligen­ce operations, law enforcemen­t, or conduct of foreign relations where the identifiab­le harm is of such gravity that it outweighs the public interest in disclosure.” Really?

In the contretemp­s over presidents Donald Trump and Biden possessing classified documents they shouldn’t have, Democratic partisans will insist that Trump ought to be prosecuted while Biden merely made harmless error borne of disorganiz­ation; Republican partisans will argue the reverse.

No doubt there are difference­s between the two cases, but it’s hard to argue that one warrants jail time while the other merits a shrug. And let’s not forget that federal prosecutor­s proved pretty laid back about the mishandlin­g of classified material by public officials including Sandy Berger, David Petraeus, Colin Powell, Condoleezz­a Rice and Hillary Clinton.

Former vice presidents and former presidents should follow the law. But if the Oval Office, West Wing, Naval Observator­y and related offices are stuffed with material that probably didn’t need to be classified in the first place, it increases the odds of an official moving into civilian life with some classified documents mixed in with their personal papers.

The federal government should classify less material and declassify more material faster — as it is, the declassifi­cation process is so glacially slow that it makes bureaucrat­ic responses to FOIA requests look like a McDonald’s drive-through. Unfortunat­ely, that argument never gained much traction in normal circumstan­ces, and now it sounds like excuse-making for Trump or Biden, or an argument that prosecutor­s should cut either or both men some slack.

For all we know, the highest levels of government might well have already studied the problem in depth, and determined overclassi­fication is so rampant that separating classified from unclassifi­ed material would be impossible.

But that study is probably classified.

 ?? ?? Jim Geraghty
Jim Geraghty

Newspapers in English

Newspapers from United States