Overclassification

Last September, when 60 Minutes asked Joe Biden what he thought of the August raid at Mar-a-Lago where the FBI found folders of classified documents mixed in with Donald Trump’s personal effects and papers, the president said he was shocked. Biden wanted to know how “anyone could be that irresponsible.” He worried about what sources and methods might have been compromised by his predecessor’s carelessness. Were there agent lists among those purloined records? That bit of political point-scoring has become a petard with which the president has hoist himself. Two months later, Biden’s lawyers found classified documents in his Wilmington home and garage and in his personal office at the Penn Biden Center in Washington.

What would you do if you were Merrick Garland? Would you prosecute Trump? Or would you walk away, concerned you were playing politics? Step one appears easy: put off any decision until after the midterms. Trump is not a candidate, key issues driving the midterms (inflation, Roe) are not his issues, and while Trump is actively stumping for many candidates, initiating any prosecution before the midterms is just too obvious. Nothing else about Mar-a-Lago has had an urgency to it (months passed from the initial voluntary turnover of documents and the forced search) and announcing an indictment now would be a terrible opening move. So if you're Garland, you have some time.

Let's commit a potential crime: "Every day the Iraqis turn out military communiques threatening 'severe punishment' against Iran." That line is classified, albeit from 1988. It was put into the public sphere via Wikileaks but never officially declassified. Technically it remains classified even though it is a click away. It illustrates that if there are three things that most everyone in government agrees on, they are: a) there are too many classified documents classified too highly; b) no one is going to risk their neck to be the first to start classifying less; and c) handling all that classified information is a major problem even for those trying to do the right thing. As former CIA and NSA director Michael Hayden said, “Everything’s secret.