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.
Sign up for Today's Best Articles in your inbox
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.
-
How does the House Ethics Committee work?
In the Spotlight And what does that mean for Matt Gaetz?
By Joel Mathis, The Week US Published
-
The ultimate podcast list of 2024
The Week Recommends Some of the best podcast series released in the past year or so
By The Week UK Published
-
Crossword: December 26, 2024
The Week's daily crossword
By The Week Staff Published
-
Putin says Russia isn't weakened by Syria setback
Speed Read Russia had been one of the key backers of Syria's ousted Assad regime
By Peter Weber, The Week US Published
-
Georgia DA Fani Willis removed from Trump case
Speed Read Willis had been prosecuting the election interference case against the president-elect
By Rafi Schwartz, The Week US Published
-
Democrats blame 'President Musk' for looming shutdown
Speed Read The House of Representatives rejected a spending package that would've funding the government into 2025
By Peter Weber, The Week US Published
-
Trump, Musk sink spending bill, teeing up shutdown
Speed Read House Republicans abandoned the bill at the behest of the two men
By Peter Weber, The Week US Published
-
Congress reaches spending deal to avert shutdown
Speed Read The bill would fund the government through March 14, 2025
By Peter Weber, The Week US Published
-
Luigi Mangione charged with murder, terrorism
Speed Read Magnione is accused of murdering UnitedHealthcare CEO Brian Thompson
By Peter Weber, The Week US Published
-
Ex-FBI informant pleads guilty to lying about Bidens
Speed Read Alexander Smirnov claimed that President Joe Biden and his son Hunter were involved in a bribery scheme with Ukrainian energy company Burisma
By Rafi Schwartz, The Week US Published
-
South Korea impeaches president, eyes charges
Speed Read Yoon Suk Yeol faces investigations on potential insurrection and abuse of power charges
By Peter Weber, The Week US Published