Signalgate Update If Hegseth Cant
According to CNN reporting, the Department of Defense Inspector General has evidence that Secretary of Defense, Peter Hegseth posted information taken from a document marked Secret/NOFORN to a Signal “group chat” in March. At the time of this incident, Hegseth claimed the information in the chat was unclassified.
The fact that Hegseth was using Signal at all to conduct high level non-public conversations is controversial itself. DoD policy prohibits the disclosure of any non-public information on a non-DoD approved platform.
A release of classified information in an unclassified environment is a violation on 18 USC 789, and is punishable by up to 10 years in prison. Any member of the military who did anything similar to what Hegseth did would have their security clearance immediately suspended and likely face a Courts Martial. Hegseth, as Secretary of Defense knew better and if he didn’t, he should be immediately removed from his position.
There is no way that Hegseth could have done this unwittingly. The reported document with classified information would have been sent on a different network than the device that had Signal. Hegseth would have had to retype the information in the classified document into the Signal chat. Even if it was unclassified, DoD does not transfer controlled unclassified Information (CUI) over the internet, even encrypted. What is considered acceptable security for most government agencies including the Department of Homeland Security is only approved for DoD public facing websites and very low-level non-public information (think libraries and golf courses). The reported information Hegseth and others put into Signal was much more sensitive.
Sending classified information over an unclassified, non-DoD platform also draws into question whether Hegseth lied about it under oath when he testified before Congress; perjuring himself is a crime punishable by up to 5 years imprisonment.
More disturbing was that Trump’s entire National Security team, including the Vice President, was on the Signal Chat. All should have known the information was classified and should have known not to discuss it on a commercial platform. This incident demonstrates that the current National Security team led by the Secretary of Defense, lacks respect for the lives of members of the US Military. If this information had been intercepted by an adversary, action could have been taken to shoot down US planes. Anyone on the National Security team should have the wellbeing of US servicemembers in mind first and foremost when sending them into harm’s way.
It is possible that the use of Signal may have been to avoid records requirements. The Presidential and Federal Records Act Amendments of 2014, requires that Federal records sent over non-government systems be sent to a government record keeping system within 20 days of creation. DoD has promulgated additional policy guidance. If indeed this was an attempt to avoid the records requirements and allow Signal to destroy the chats, then Hegseth and the others committed an additional crime of destruction of Federal records, which can also lead to a sentence of 3 years imprisonment. Secretary of State Marco Rubio, who was also on the chat, is also the acting head of the National Archives; he should have ensured that the chats were transferred to a government recordkeeping system. It is unknown if that transfer took place.
It is possible that Hegseth and others will use the excuse that these communications occurred over a weekend, when they were out of the office and the National Security team had an urgent need to communicate. This is no excuse: several years ago, the Defense Information Systems Agency (DISA) created a mobile version of the secret network (SIPRNET). Every individual on the “chat” would be eligible to receive a classified mobile device, and could have had this discussion over the classified version of Microsoft Teams. Yet, they chose to use a commercial platform to discuss sensitive and classified information.
This entire incident, once again demonstrates the incompetence of the Trump National Security team and questions their ability to keep Americans safe. The basic security requirements of the job may be tedious but they are there for a reason: To protect our troops and to protect America. If our leaders are unable to understand that or refuse to follow these requirements, how can their judgement be trusted to avoid “shortcuts” when doing the hard work required to reach decisions about our national defense?
It is time for Congressional Oversight to thoroughly investigate this incident with a view to determining if anyone participating in this “chat” should continue to hold their security clearance and position.
The Author is a former Department of Defense Attorney and a member of The Steady State
Founded in 2016, The Steady State is a nonpartisan, nonprofit 501(c)(4) organization of more than 290 former senior national security professionals. Our membership includes former officials from the CIA, FBI, Department of State, Department of Defense and Department of Homeland Security. Drawing on deep expertise across national security disciplines including intelligence, diplomacy, military affairs and law, we advocate for constitutional democracy, the rule of law and the preservation of America’s national security institutions.