Two years ago, the FBI conducted a search of Donald Trump’s residence to recover government documents he had refused to return. These documents included hundreds containing classified information. The subsequent indictment alleged that the former President had left classified information in close proximity to a toilet and stored it on a ballroom stage.
Now Trump is set to receive classified briefings once again in preparation for assuming the presidency on Jan. 20. “They’re not going to restrict it,” stated a Republican involved in the transition.
This situation presents a delicate balancing act. Biden previously described Trump’s handling of Top Secret documents as “totally irresponsible.” During his first term, Trump raised concerns within the intelligence community when he shared sensitive information from a close U.S. ally with senior Russian officials during an Oval Office meeting. In the meantime, federal officials have charged Trump with violating the Espionage Act for unauthorized possession of national defense information. This case is likely to be closed in the coming weeks.
However, Biden has instructed his entire Administration to collaborate with Trump’s team to ensure an “orderly” transition. This entails overlooking Trump’s past actions regarding classified information.
“He was indicted for mishandling classified information,” notes Jeremy Bash, a former chief of staff for the CIA and the Department of Defense during the Obama Administration. “However, given that he is about to assume the Presidency, the responsible course of action would be to provide him with the classified briefings and offer government resources to assist him in managing and storing any classified material he needs to retain.”
For decades, President-elects have been granted access to sensitive national security briefings by the country’s intelligence services well before Inauguration Day. This practice is rooted in the understanding that the electorate has chosen the individual to lead the country, and no further vetting is required beyond the formal swearing-in ceremony.
When asked on Thursday whether Biden was concerned that Trump might leak secrets, White House Press Secretary Karine Jean-Pierre stated that she is “not going to get into speculation” about Trump’s potential actions with classified information. She referred TIME’s inquiry to the Office of the Director of National Intelligence, which will be responsible for briefing Trump on the country’s closely guarded operations.
“ODNI is acting in accordance with the tradition, established in 1952, of providing intelligence briefings to the President-elect,” said an ODNI spokesperson.
Gregory Treverton, who served as the chair of the National Intelligence Council from 2014 to 2017, characterized Trump’s history of seemingly flaunting classified information to others as a souvenir, without regard for potential endangerment, as “scary.” He asserts that this situation will pose a significant challenge for intelligence officials who work to conceal their information gathering methods and protect sources who may have risked their lives. “For a profession that is so disciplined and so nonpartisan and so careful about politics, to confront someone who trespasses on all those norms, is awful,” Treverton states.
Prior to a presidential election, the Democratic and Republican nominees typically sign an agreement with the General Services Administration in the final months of the campaign to receive briefings from key federal agencies. This is intended to ensure that the winning candidate can gain a head start on hiring and preparing to address the country’s most pressing issues. However, Trump’s team decided not to sign this agreement before Election Day and are only now negotiating the terms under which his aides can utilize federal office space and scrutinize the operations of the federal government.
“The Trump-Vance transition lawyers continue to constructively engage with the Biden-Harris Administration lawyers regarding all agreements contemplated by the Presidential Transition Act. We will update you once a decision is made,” stated Brian Hughes, Trump-Vance transition spokesperson, in a statement sent to TIME.
Members of an incoming President’s staff generally undergo vetting to obtain the security clearance required to access classified information. Aides typically need to sign agreements pledging to safeguard sensitive information and undergo a background check. Last month, The New York Times reported that some Trump advisors had proposed circumventing these traditional background checks and immediately granting security clearances to numerous Trump appointees.