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The publication of secret information by WikiLeaks and multiple media outlets, followed by news coverage of leaks involving high-profile national security operations, has heightened interest in the legal framework that governs security classification and declassification, access to classified information, agency procedures for preventing and responding to unauthorized disclosures, and penalties for improper disclosure. Classification authority generally rests with the executive branch, although Congress has enacted legislation regarding the protection of certain sensitive information. While the Supreme Court has stated that the President has inherent constitutional authority to control access to sensitive information relating to the national defense or to foreign affairs, no court has found that Congress is without authority to legislate in this area. This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report describes some recent developments in executive branch security policies and legislation currently before Congress (S. 3454).

As President Trump’s National Security Advisor, John Bolton spent many of his 453 days in the room where it happened, and the facts speak for themselves. The result is a White House memoir that is the most comprehensive and substantial account of the Trump Administration, and one of the few to date by a top-level official. With almost daily access to the President, John Bolton has produced a precise rendering of his days in and around the Oval Office. What Bolton saw astonished him: a President for whom getting reelected was the only thing that mattered, even if it meant endangering or weakening the nation. “I am hard-pressed to identify any significant Trump decision during my tenure that wasn’t driven by reelection calculations,” he writes. In fact, he argues that the House committed impeachment malpractice by keeping its prosecution focused narrowly on Ukraine when Trump’s Ukraine-like transgressions existed across the full range of his foreign policy—and Bolton documents exactly what those were, and attempts by him and others in the Administration to raise alarms about them. He shows a President addicted to chaos, who embraced our enemies and spurned our friends, and was deeply suspicious of his own government. In Bolton’s telling, all this helped put Trump on the bizarre road to impeachment. “The differences between this presidency and previous ones I had served were stunning,” writes Bolton, who worked for Reagan, Bush 41, and Bush 43. He discovered a President who thought foreign policy is like closing a real estate deal—about personal relationships, made-for-TV showmanship, and advancing his own interests. As a result, the US lost an opportunity to confront its deepening threats, and in cases like China, Russia, Iran, and North Korea ended up in a more vulnerable place. Bolton’s account starts with his long march to the West Wing as Trump and others woo him for the National Security job. The minute he lands, he has to deal with Syria’s chemical attack on the city of Douma, and the crises after that never stop. As he writes in the opening pages, “If you don’t like turmoil, uncertainty, and risk—all the while being constantly overwhelmed with information, decisions to be made, and sheer amount of work—and enlivened by international and domestic personality and ego conflicts beyond description, try something else.” The turmoil, conflicts, and egos are all there—from the upheaval in Venezuela, to the erratic and manipulative moves of North Korea’s Kim Jong Un, to the showdowns at the G7 summits, the calculated warmongering by Iran, the crazy plan to bring the Taliban to Camp David, and the placating of an authoritarian China that ultimately exposed the world to its lethal lies. But this seasoned public servant also has a great eye for the Washington inside game, and his story is full of wit and wry humor about how he saw it played.