Sherrill proposes bill that would prevent Menendez from accessing classified information

Sherrill’s GUARD Act shields sensitive information from individuals charged with certain crimes

Rep. Mikie Sherrill at the groundbreaking for the Portal North Bridge, on August 1, 2022. (Photo: Kevin Sanders for the New Jersey Globe).

Rep. Mikie Sherrill (D-Montclair) introduced legislation this morning that would prevent individuals charged with certain criminal offenses from receiving classified information – a proposal that seems squarely targeted at a certain former president and a certain sitting U.S. Senator.

In a press release on her bill, Sherrill specifically cites former President Donald Trump, who has been charged with two of the bill’s covered offenses: obstructing official proceedings and unlawful retention of classified information. Trump, Sherrill says, should not be handling sensitive information given the charges against him.

“As a Navy veteran and former prosecutor, I have zero tolerance for any betrayal of the public trust, especially when it comes to classified information and our national security,” she said in a statement. “That’s why I’m extremely concerned about recent charges against Donald Trump and his continued desire to access sensitive classified information, despite reckless actions and serious criminal charges.”

But the bill also clearly applies to New Jersey Senator Bob Menendez, who is still privy to classified national security information provided to senators – and who remains a member of the Senate Foreign Relations Committee – despite being charged with acting as an unregistered foreign agent of the Egyptian government.

The bill specifically targets five criminal charges: obstructing an official proceeding, unlawfully retaining national defense information, unlawfully disclosing or improperly handling classified information, acting as a foreign agent, or compromising the national security of the United States. It applies to all classified information, even information “received as a part of the covered person’s official duties as federal official or as a candidate in an election for federal office.”

It’s hard to imagine the proposal going anywhere in the current Congress; the Senate, after all, has declined to bar Menendez from receiving classified briefings in the six months since the charges against him were unsealed. But even if it’s ultimately a messaging bill, Sherrill said it’s important to draw a firm line in the sand when it comes to protecting national security.

“Nobody is entitled or legally obligated to classified briefings – certainly not Trump, even if he is the Republican nominee for president,” Sherrill said. “This legislation is urgent and should be considered by both parties as a necessary step to protect intelligence and ensure sensitive information doesn’t get into the wrong hands.”

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