Opinion: Balancing Risk and Norms in Presidential Intelligence Briefings

Frederick D. Baron and Dennis Aftergut, both experienced in national security matters, share their own views in this commentary. They have served in various roles within the government. You can find more of their opinions on CNN Opinion.

President Joe Biden has decided to take a non-political approach to national security and has allowed Donald Trump access to classified intelligence, despite Trump securing enough primary wins to become the Republican presidential nominee. The White House is set to continue the tradition of providing national security briefings to Trump after he officially becomes the nominee at the Republican National Convention in July.

Frederick Baron

Frederick Baron

Courtesy Cooley LLP

This decision is one of many where Biden is damned if he does and damned if he doesn’t.

Sensible people are questioning why a presidential candidate who is facing a 40-count federal indictment in the Southern District of Florida for mishandling classified information and obstructing the government's efforts is receiving intelligence briefings. Trump has denied the allegations made by the grand jury.

Dennis Aftergut

Dennis Aftergut

Courtesy of Dennis Aftergut

The risk of briefing Trump on intelligence matters was highlighted at a House Judiciary Committee hearing on Tuesday. Ranking Democrat Jamie Raskin of Maryland pointed out the danger when comparing investigations of the president by special counsels Robert Hur and Jack Smith. Raskin criticized Trump for disregarding the rule of law and prioritizing his own corrupt schemes.

Despite the challenges, there is a way to provide briefings for Trump that safeguard national security information and uphold the long-standing tradition of briefing candidates on threats. This tradition, followed by presidents of both parties, has consistently served the national interest for 72 years.

Biden has a lot of experience in national security from his time leading the Senate Judiciary and Foreign Relations committees. He will need to use this experience carefully to share important information without revealing intelligence sources.

There are concerns about giving Trump sensitive government information because of his relationship with Russia.

At a joint press conference in Helsinki in 2018, Trump made headlines by supporting Putin's stance on Russia's interference in the 2016 election over the US intelligence community.

In his State of the Union address, Biden pointed out that Trump had recently encouraged Russia to freely act against NATO allies who do not contribute at least 2% of their GDP to the alliance. This action by Trump is seen as another attempt to gain favor with Putin.

Thirdly, Trump is currently in urgent need of money to secure a bond or loan to challenge his $450 million civil fraud judgment in New York. Financial desperation is a common reason for denial of security clearances for government positions that involve access to classified information, as it can make individuals more susceptible to bribery or coercion. It is important to hold a presidential candidate to the same standards as other applicants seeking security clearances. Additionally, there are past instances where Trump has reportedly received support from Russian oligarchs, which raises concerns.

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Even if we assume that Trump wouldn't purposely betray the country, MSNBC columnist Steve Benen put together a worrying list of instances where Trump carelessly shared important national security information. Some examples include Trump supposedly revealing a highly confidential war plan to a writer without security clearance at his Bedminster home (he said there was no document in the meeting) and sharing information about US nuclear submarine capabilities with a foreign businessman at Mar-a-Lago. Trump's spokesperson defended him by saying he did nothing wrong in both cases. These incidents took place after Trump had already left office.

Biden's approach to providing intelligence briefings to Trump must be carefully considered in light of the risks involved. His belief in adhering to political norms may be seen as a vulnerability, especially given Trump's access to sensitive national security information. It is important for Biden and his National Security Council team to thoroughly analyze all factors before making a decision.

In order to mitigate potential risks, Biden's team is likely to set conditions for the intelligence briefings provided to Trump. These conditions would be put in place for security reasons and to ensure that sensitive information is not compromised. The decision to provide briefings to a former president must be made with caution and with the utmost consideration for national security.

Senior intelligence veterans from various administrations, including John Bolton, John Brennan, and Adam Schiff, have supported this approach. To uphold Biden's promise of transparency in briefings without compromising classified information, the intelligence community can implement the following protocols:

• It is recommended to provide intel briefings to Trump alone, excluding his advisors. This approach communicates to Trump that he will be held accountable if any leaks occur.

• These briefings can be conducted solely through oral communication, without sharing any documents with Trump. This method further reduces the risk of leaks and undermines the credibility of any leaked information.

• To safeguard intelligence sources and methods, the briefings should be cautious not to disclose any information that could reveal specific human informants or technical means of communication interception.

• Instead of revealing actual data, the briefings can focus on indicating which public statements by national security experts align with findings from the intelligence community.

• Despite these precautions, the question remains: why provide intel briefings to Trump at all?

Biden believes in a rule-of-law society. He knows that constitutionalism depends on maintaining norms of good governance that go beyond legal requirements.

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Biden is confident about winning re-election, partly because he follows fair play rules. It is crucial to maintain fair standards that have supported our government system for a long time.

Some may argue that Biden doesn't share enough information. However, this criticism is minor compared to the backlash that would occur if briefings were completely denied. Additionally, discussing briefing limitations would highlight Trump's history of jeopardizing classified data, a conversation that Biden should engage in.

At the State of the Union on Thursday, Biden demonstrated his strong grasp of American government. By providing intelligence briefings to his opponent, he showed a commitment to upholding a bipartisan tradition during this challenging time in our country's history.

Editor's P/S:

The article presents a complex and nuanced perspective on the decision to provide national security briefings to former President Donald Trump. The authors, Frederick D. Baron and Dennis Aftergut, acknowledge the potential risks involved, given Trump's past handling of classified information and his alleged ties to Russia. However, they also emphasize the importance of adhering to political norms and the long-standing tradition of briefing presidential candidates on national security threats.

The authors propose a series of precautions to mitigate the risks associated with briefing Trump, including conducting briefings orally, without sharing documents, and focusing on general trends rather than specific intelligence sources. They argue that these measures would allow Biden to fulfill his obligation to provide briefings while safeguarding sensitive information. They also highlight Biden's commitment to upholding fair play rules and his belief that maintaining norms of good governance is essential for the integrity of the government system. preserve a sense of bipartisanship and constitutionalism. They suggest that Biden should limit the information shared with Trump, conduct briefings solely through oral communication, and avoid disclosing details that could compromise intelligence sources and methods. Ultimately, the decision of whether to provide briefings to Trump remains a complex one, and Biden's team must carefully weigh the risks and benefits involved.