RE: Trump admin includes reporter in group text planning air strike in Yemen.
“ It is not uncommon for national-security officials to communicate on Signal. But the app is used primarily for meeting planning and other logistical matters—not for detailed and highly confidential discussions of a pending military action. And, of course, I’ve never heard of an instance in which a journalist has been invited to such a discussion.
Conceivably, Waltz, by coordinating a national-security-related action over Signal, may have violated several provisions of the Espionage Act, which governs the handling of “national defense” information, according to several national-security lawyers interviewed by my colleague Shane Harris for this story. Harris asked them to consider a hypothetical scenario in which a senior U.S. official creates a Signal thread for the express purpose of sharing information with Cabinet officials about an active military operation. He did not show them the actual Signal messages or tell them specifically what had occurred.
All of these lawyers said that a U.S. official should not establish a Signal thread in the first place. Information about an active operation would presumably fit the law’s definition of “national defense” information. The Signal app is not approved by the government for sharing classified information. The government has its own systems for that purpose. If officials want to discuss military activity, they should go into a specially designed space known as a sensitive compartmented information facility, or SCIF—most Cabinet-level national-security officials have one installed in their home—or communicate only on approved government equipment, the lawyers said. Normally, cellphones are not permitted inside a SCIF, which suggests that as these officials were sharing information about an active military operation, they could have been moving around in public. Had they lost their phones, or had they been stolen, the potential risk to national security would have been severe.
There was another potential problem: Waltz set some of the messages in the Signal group to disappear after one week, and some after four. That raises questions about whether the officials may have violated federal records law: Text messages about official acts are considered records that should be preserved.
“Under the records laws applicable to the White House and federal agencies, all government employees are prohibited from using electronic-messaging applications such as Signal for official business, unless those messages are promptly forwarded or copied to an official government account,” Jason R. Baron, a professor at the University of Maryland and the former director of litigation at the National Archives and Records Administration, told Harris.
“Intentional violations of these requirements are a basis for disciplinary action. Additionally, agencies such as the Department of Defense restrict electronic messaging containing classified information to classified government networks and/or networks with government-approved encrypted features,” Baron said.“
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Trump admin includes reporter in group text planning air strike in Yemen.
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