Adam Crosby

@jschuh@infosec.exchange as is https://rollcall.com/2021/01/12/when-it-comes-to-security-clearances-rules-for-others-dont-apply-to-congress/

@jschuh@infosec.exchange you’re not being trolled, but maybe I’m not being clear. We completely agree on all aspects of NARA and Espionage Act application. No question. Either I’m unclear or we disagree on how EOs apply. EO12333 does not exempt Congress from needing a clearance, it allows otherwise cleared/covered folks to disclose covered information to congress without violating their NDA. Gravel vs USA focusing on his aide, not the Senator, is inline with this.

@jschuh@infosec.exchange Espionage Act is a law. It applies to everyone in the USA. Agreed. An executive order is an administrative order signed by the president for the direction of activities and policies *within the executive branch*, such as protecting classified information. This is why there is no criminal penalty for regular folks who, say, downloaded and read Snowden leaks - it’s not illegal for them. Similarly, congress members don’t get clearances for HASC/SASC/etc briefings.

@jschuh@infosec.exchange you’re mostly correct, but it’s important to remember that EOs and regulations are not laws, and do not apply to elected officials such as the President or Congress (VP is a strange case as the positions has changed over the decades). I’m confused why NARA isn’t taking the rest of the records too…virtually everything a President does in office is NARA property.