The White House's nondisclosure agreement for staff is practically unenforceable. Trump makes everyone sign it anyway.


Last year, White House Counsel Don McGahn drew up a nondisclosure agreement for senior staff at President Trump's insistence, even while quietly reassuring aides that the document was practically unenforceable, The New York Times reports. The issuing of an NDA that covers even unclassified and non-confidential White House matters was a first, and it likely could not actually dictate the statements of federal employees were it to be tested, experts say. One former official said he was told that the nondisclosure agreement "was merely meant to reassure the president," the Times writes.
When he was still a private citizen, Trump often used nondisclosure agreements to maintain his and his company's images. By imposing blanket restrictions in the White House, though, he veers into potentially violating the First Amendment, critics argue. "You can't blanket wipe out speech, and you have to show there's a compelling government purpose for doing so," said former President Barack Obama's top ethics lawyer in the White House Counsel's Office, Norm Eisen.
Trump's paranoia evidently stems from concern about "people using information about him in books later on," the Times' Maggie Haberman added on Twitter.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Apparently no one in the White House takes the document seriously, though. The official who recalled being told the NDA was meant to placate the president added that "no one in the White House thought they were signing away their First Amendment rights," The New York Times writes.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.
-
August 2 editorial cartoons
Cartoons Saturday’s political cartoons include a tariff self-own, rough times at the Trump golf course, and more
-
5 inexcusably hilarious cartoons about Ghislaine Maxwell angling for a pardon
Cartoons Artists take on the circle of life, Ghislaine's Island, and more
-
Ozzy Osbourne obituary: heavy metal wildman and lovable reality TV dad
In the Spotlight For Osbourne, metal was 'not the music of hell but rather the music of Earth, not a fantasy but a survival guide'
-
Trump revives K-12 Presidential Fitness Test
Speed Read The Obama administration phased the test out in 2012, replacing it with a program focused on overall health rather than standardized benchmarks
-
El Salvador scraps term limits, boosting Nayib Bukele
Speed Read New constitutional changes will allow presidents to seek reelection an indefinite number of times
-
Trump assigns tariffs, delays all except on Canada
Speed Read A 35% tariff on many Canadian goods has gone into effect
-
Harris rules out run for California governor
Speed Read The 2024 Democratic presidential nominee ended months of speculation about her plans for the contest
-
Trump sets new tariff rates as deadline nears
Speed Read New tariff rates for South Korea, Brazil and India announced
-
Ghislaine Maxwell: angling for a Trump pardon
Talking Point Convicted sex trafficker's testimony could shed new light on president's links to Jeffrey Epstein
-
Senate confirms Trump loyalist Bove to top court
Speed Read The president's former criminal defense lawyer was narrowly approved to earn a lifetime seat
-
Ghislaine Maxwell offers testimony for immunity
Speed Read The convicted sex trafficker offered to testify to Congress about her relationship with late boyfriend Jeffrey Epstein