The Controversy Regarding Mr. Trump’s Mandatory Nondisclosure Agreement

President Donald J. Trump has strictly abided by his personal rule that everyone who works in the White House should sign nondisclosure agreements, protecting his public image and information security, threatening with aggressive monetary fines if individuals were to reveal any information to the public.

When this agreement has been broken in the past, it was met with great fury and rage from President Trump. For example, he responded with great anger regarding the leaks of his private information and immediately extended this rule to the West Wing.

With this measure of nondisclosure, President Trump has brought the tension against potentially threatening and damaging leaks to the next level. He could not have sent his message more clearly, warning the officials in the White House to keep quiet in order to survive in the office.

This has provoked suspicion and criticism from many, including former White House lawyers and government ethics experts, who believes that this agreement has legal issues and is a reflection of Mr. Trump’s insecurity towards his public image and defiance against basic right of free speech, as explained below: “If they have taken even baby steps – much less what appear to be giant strides – into the area of muzzling the normal, permitted recollections about the nonclassified and nonconfidential aspects of White house service, then that’s going to trigger the First Amendment protection.”

Even though it is a tradition for those who work in the White House to sign confidentiality agreements to not disclose classified information, they have never been asked or required to remain confidential regarding non-classified information. According to some White House officials, the breach of this nondisclosure agreement would have led to up to $10 million of fine.

Even before his inauguration, nondisclosure agreements have been on the top of Mr. Trump’s mind as he used a similar agreement at not only the White House under his administration but also the Trump Organization and even his real estate company.

The White House counsel, Donald F. McGahn II, has warned Mr. Trump at the beginning of his term the danger of this agreement in hiring employees who would be willing and compliant to such a strict nondisclosure measure. Mr. Gahn has repeatedly attempted to delay the implementation of this agreement, believing that this would only give more fuel to potential leakers in the office. Despite this agreement put into place, there continues to secrets and leaks of information and privacy from the White House as many questioned the validity of the potential fines and dismissed the possibility of real, substantial legal consequences.

A former official commented that the agreement’s sole purpose was to reassure the president himself instead of actually deterring the officials from leaking information. The officials also said that they were never at risk of losing their First Amendment Rights upon signing this nondisclosure agreement. Despite the common belief that the agreement was just a formality, lawyers of the White House still reached out to everyone who would have access to private information of the White House and asked them to sign the agreement.

There are also a few supporters for this measure, including President Trump’s very own daughter, Ivanka and Jason Greenblatt, who is his longtime lawyer.

However, the agreement is facing a huge hole as the turbulence of White House has resulted in many officials and important aides stepping down from their position, therefore no longer bounded by this agreement of nondisclosure. In fact, a book is about to be published named “The Gatekeepers: How the White House Chiefs of Staff Define Every Presidency”, which will include extensive details of what it means and feels to be a part of the Trump White House.

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