DOJ says presidents should be able to sell secrets on eBay

Presidential papers are now potentially up for sale to the highest bidder.

The Department of Justice (DOJ) has presented a legal argument suggesting that former presidents could sell classified national security information, even on platforms like eBay. This position emerged during oral arguments before the D.C. Circuit Court of Appeals concerning the Presidential Records Act and the privatization of presidential papers. The Freedom of the Press Foundation (FPF) and Citizens for Responsibility and Ethics in Washington (CREW) are suing to prevent the Trump administration from treating White House files as personal property. An earlier preliminary injunction required the White House to adhere to the Act. During the hearing, Judge Patricia Millett questioned the government's stance, to which the DOJ's representative reportedly responded affirmatively, indicating that presidents could potentially sell state secrets.

The DOJ's assertion that presidents could sell classified information, including national security secrets, on public marketplaces like eBay represents a radical departure from established norms and potentially undermines foundational principles of government transparency and national security. This argument, if upheld, could lead to a wholesale redefinition of what constitutes public versus private records, with significant implications for historical preservation, accountability, and public trust in government. The case highlights a contentious battle over presidential records, particularly in the context of the Presidential Records Act, and suggests a potential erosion of protections that safeguard sensitive information from improper disclosure or sale.

This development signals a concerning trend of potential politicization and privatization of government information, where personal gain or political expediency might supersede public interest. The argument, even if presented hypothetically or as a legal extreme, raises questions about the integrity of declassification processes and the security of classified data when placed in the hands of individuals who may not prioritize national security. It also puts pressure on legal frameworks designed to ensure transparency and accountability, potentially necessitating new legislation or judicial interpretation to clarify the boundaries of presidential records and the handling of state secrets.