[jfengel]

Is that a crime?

I imagine it's a crime if you have a security clearance. But as far as I'm aware these guys never promised not to give away classified information.

Of course they can be pardoned, and they don't even need a pardon if the Justice Department decides not to prosecute. But just as a matter of idle curiosity, has any law actually be violated?

[tssva]

When questions about their access has arisen earlier the administration has said they were granted security clearances. Releasing classified information is in that case is potentially illegal and at a minimum was normally result in your security clearance being revoked. But these guys didn’t go through the normal processes for obtaining a security clearance, so there is no reason to believe the normal rules and laws will be followed now.

[tssva]

Although outside the norm nothing about this is beyond the rights of the executive. The DoJ has always had prosecutorial discretion and the granting of security clearances has always been a discretionary decision of the executive.

[taylodl]

Didn't you hear the news? No laws or regulations apply to the executive branch any longer. Anything they do is, by their estimation, legal. </s>

[throw0101d]

> But as far as I'm aware these guys never promised not to give away classified information.

It does not matter what they promised, as it is against the law to give away classified information:

> Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— […]

* https://www.law.cornell.edu/uscode/text/18/798

[basementcat]

The President will just say he declassified the information in his head before the data was disclosed. Even if he didn’t, he may argue this is an "official act" and cannot be subject to prosecution.

[dragonwriter]

> has any law actually be violated?

Any revelation of classified information to uncleared people violates the law; if DOGE staff were cleared it was illegal for them to reveal it, if they weren't it was illegal for them to be given access to it in the first place (which they must have had in order to reveal it).

Additionally, there are crimes for gathering and revealing sensitive national security information irrespective of having clearance, these are found in the Espionage Act. Julian Assange’s crime didn't involve him having clearance.

[4ndrewl]

Meaningless question. You don't have a fully functional justice system any more.

[ModernMech]

It’s not a crime because POTUS can post-facto declassify it, so that when Musk posted it, it was declassified.

[croes]

Ask Assange