Key Takeaways:
– Donald Trump may access classified information despite his criminal convictions since he is the president-elect.
– Generally, criminal convictions disqualify someone from receiving security clearance.
– However, presidents are exempt from such rules due to the office they hold.
– Trump’s access to classified data could place several ongoing criminal cases in jeopardy.
– The good news is clear laws govern such situations, and the sitting president, Joe Biden, also exercises some control.
Donald Trump, the president-elect and a convicted felon, is set to gain access to classified national security secrets. Though criminal convictions typically disqualify someone from holding security clearance, the rules for presidents are different. This scenario presents a unique dilemma — a convicted criminal leading a national security apparatus that would have denied him security clearance if regular rules applied.
Security Clearance and Presidential Status
It’s standard for a president-elect to access highly classified data. This includes a version of President’s Daily Brief on intelligence, and the incumbent president has even more access. However, that’s not the case if you have a criminal conviction; it often causes a loss or denial of clearance.
Nonetheless, as Trump has been elected for a second term, he regains expansive access to classified data and control over it. Trump will be responsible for highly classified information once his term begins on January 20, 2025. In effect, the American public has given him this access by electing him.
The Current Situation
Until Trump resumes office, the current president, Joe Biden, controls his access to classified data. The norm is for the incumbent president to authorize the nominees, including their competitors, access to classified briefings during the campaign. Though intelligence officials intended to conduct briefings this year despite Trump’s criminal record, Trump declined. He feared that the briefers would leak and blame him. Now that the election results are final, Trump is expected to start receiving intelligence briefings.
Unclear Outcomes
Because of Trump’s election, numerous criminal cases against him could be sidelined. In New York state court, a judge is mulling over dismissing the case in which Trump has already been convicted. The Georgia state case could face years of delay due to the Department of Justice’s policy against prosecuting a sitting president. These developments suggest a redirection of the national attention from the ongoing trials.
The Secrecy System
Unlike ordinary U.S. government employees or contractors who need clearance, Presidents get access to classified data due to their elected status – not conformity to executive orders and administrative rules. Essentially, the president’s office sits at the head of the executive branch’s massive secrecy machinery.
The Issue with Trump’s Clearance
Under normal circumstances, Trump would not qualify for security clearance. Having a criminal conviction, or a civil judgment involving fraud, shows disrespect for the law, dishonesty, and issues following rules – all critical in protecting classified data.
As such, no investigator would dismiss the massive evidence against Trump if he were applying through regular channels. However, voters have chosen to restore Trump to the White House, thereby entrusting him with a central role in the government’s vast secrecy apparatus. To comply with the electorate’s decision, the Biden administration has moved to provide classified briefings during this presidential transition period.
In sum, Trump’s presidency highlights a unique scenario where legal and ethical guidelines intertwine with real-world political implications. As the president, Trump will have access to classified information despite his security clearance disqualification under standard procedures. This situation has shone a spotlight on the intricacies of the security clearance process and the exceptional rules applicable to presidential office holders.