Can private lawyers hoard potentially classified information? Yes. No, It Depends. Wait, No?

Posted: 2:30 am EDT
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Related to Brown v. State Department: Another Day, Another FOIA Lawsuit, David Brown wanted to know “If it is now policy to allow private lawyers to hoard potentially classified information, the public is entitled to know the authority by which such policies are maintained, and who is permitted such generous treatment.”  

The Daily Beast last week reported that Clinton’s private lawyer got his way when he pushed back after being asked to delete all copies of a classified email—a level of deference an expert calls ‘far from the norm.’  State Department employees were also reportedly told “to develop a system that would let Kendall keep the emails in a State Department-provided safe at his law firm in Washington, D.C., where he and a partner had access to them” according to the Daily Beast.

Newly released documents, obtained by The Daily Beast in coordination with the James Madison Project under the Freedom of Information Act, include legal correspondence and internal State Department communications about Clinton’s emails. Those documents provide new details about how officials tried to accommodate the former secretary of state and presidential candidate.
[…]
“The arrangement with Kendall was far from the norm,” Steven Aftergood, an expert on classification and security policy at the Federation of American Scientists, told The Daily Beast. “There are a number of attorneys around who handle clients and cases involving classified information. They are almost never allowed to retain classified material in their office, whether they have a safe or not. Sometimes they are not even allowed to review the classified information, even if they are cleared for it, because an agency will say they don’t have a ‘need to know.’ In any event, the deference shown to Mr. Kendall by the State Department was quite unusual.”
[…]
While State Department officials initially may have felt that non-government lawyers were qualified to maintain classified emails at their office, they changed their tune as investigators began to discover more top secret information among Clinton’s communications.
[…]
The arrangement with Kendall has been previously reported. But the documents reveal new details about what was happening inside the State Department as officials moved ahead with the unorthodox setup.

 

Related item:

12 FAM 530 STORING AND SAFEGUARDING CLASSIFIED MATERIAL-June 25, 2015, pdf).

 

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