Amora's Unlawful Recording: Privacy Violation Or Fair Game?

Omarosa Manigault Newman, a former White House aide, secretly recorded conversations with Donald Trump and his chief of staff, John Kelly, and subsequently released them to the public. This incident has sparked debate about whether or not Newman broke the law by recording these conversations, particularly given the sensitive nature of the discussions and the location, the White House Situation Room. While some argue that this constitutes a security breach, others claim that there is no real obvious criminal liability. This episode highlights the complex nature of privacy, security, and legal considerations surrounding recordings, especially in high-profile political contexts.

Secret recordings of Trump and his chief of staff, John Kelly, are seen as a security breach

In 2018, Omarosa Manigault Newman, a former White House aide, released secret recordings of her conversations with Donald Trump and his chief of staff, John Kelly. The recordings, which were played on NBC's Meet the Press and Today program, included one of Kelly firing her in the White House Situation Room in December 2017 and another of Trump expressing surprise at her dismissal. Manigault Newman shared the recordings as part of the promotion for her new book, Unhinged, which details her time in the Trump administration and claims that Trump used racial epithets.

The secret recordings have been viewed as a security breach, with some arguing that they indicate a lack of "security culture" within the Trump administration. Juliette Kayyem, a former assistant secretary for intergovernmental affairs in the Department of Homeland Security, highlighted instances such as White House staffers working without security clearances and Trump's use of an unsecured phone. Bradley Moss, a national security lawyer, also noted that Manigault Newman's use of a recording device presented counterintelligence risks, as foreign agencies could potentially hack the device and access all conversations.

The White House press secretary, Sarah Sanders, condemned Manigault Newman's actions, stating that "the very idea a staff member would sneak a recording device into the White House Situation Room shows a blatant disregard for our national security." However, despite the violation, there does not appear to be any criminal liability associated with the secret recordings.

John Kelly, a retired four-star Marine General, served as Trump's chief of staff from 2017 to 2019. He previously held the position of Secretary of Homeland Security in the Trump administration and was known for his aggressive enforcement of immigration law. Kelly's tenure as chief of staff was marked by conflict and reports of disagreements with Trump and West Wing staff. In 2020, he confirmed reports of Trump's disparaging remarks about U.S. service members and veterans, further criticising the former president for his untruthfulness and contempt for democratic institutions.

Manigault Newman's recording device presented counterintelligence risks

The recording device used by Omarosa Manigault Newman, a former aide to Donald Trump, presented counterintelligence risks. Manigault Newman secretly recorded conversations with Trump and his chief of staff, John Kelly, including her own firing by Kelly in the White House Situation Room. This was seen as a security breach and a violation of the honor system in place for White House personnel.

Bradley Moss, a national security lawyer, noted that Manigault Newman's use of a recording device could have been exploited by foreign agencies. He stated that if a foreign agency hacked the device, all conversations, not just those Manigault Newman chose to record, would be accessible to them. This concern was echoed by Juliette Kayyem, a former assistant secretary for intergovernmental affairs, who pointed to the lack of a "security culture" in the Trump administration.

The potential security breach caused by Manigault Newman's actions had implications not only for the White House but also for America's foreign intelligence relationships. It raised questions about the security of sensitive information shared by foreign intelligence partners and the potential for diminished intelligence sharing in the future. Additionally, it could lead to internal mistrust among White House staff, with colleagues suspecting each other of recording conversations for ulterior motives.

All staffers entering the Situation Room must lock away their cell phones and other insecure electronic devices

In the case of Omarosa Manigault Newman, a former White House aide, this security protocol was breached when she secretly recorded her conversations with then-President Donald Trump and his chief of staff, John Kelly. Manigault Newman released these recordings to the media, causing a stir and raising questions about the security culture within the Trump administration.

The Situation Room is a secured series of connected rooms, and while there may not be any obvious criminal liability for recording conversations therein, the violation is still significant. As noted by national security lawyer Bradley Moss, the use of a recording device in such a sensitive area presents counterintelligence risks. Foreign agencies could potentially hack into the device and access all conversations, not just those selectively recorded.

This incident highlights the importance of adhering to security protocols, such as locking away electronic devices, to maintain the integrity and security of confidential discussions and information.

Manigault Newman's actions would likely be enough to deny her a security clearance if she ever wishes to work for the federal government in the future

While it is unclear whether Omarosa Manigault Newman broke the law by recording her conversations with Donald Trump and John Kelly, her actions have been deemed a security breach and are likely enough to deny her a security clearance in the future.

The White House Situation Room, where the recordings took place, is considered one of the most secure rooms in the world. It is a "sensitive compartmented information facility," or SCIF, and has stringent security measures in place. Staffers are required to leave their cell phones and other unsecured electronic devices outside the room to ensure security. By bringing in a recording device, Manigault Newman violated administrative rules, even if it was not a crime.

Bradley Moss, a national security lawyer in Washington, noted that Manigault Newman's actions presented counterintelligence risks. He stated that if a foreign agency were to hack the recording device, all conversations, not just those she chose to record, would be accessible to foreign entities. This concern was echoed by Juliette Kayyem, a former assistant secretary for intergovernmental affairs in the Department of Homeland Security, who pointed to the potential perception, particularly by enemies of the United States, that the entire White House could be compromised.

Mark Zaid, an attorney specializing in national security cases, stated that a person who knowingly makes a recording in a secured area commits a major security violation. While it may not be a legal matter, it is certainly an administrative violation. Zaid also noted that such an action could result in the loss of security clearance.

As a result of her actions, Manigault Newman has faced strong backlash and criticism. White House press secretary Sarah Sanders stated that Manigault Newman's actions showed a "blatant disregard for national security" and further proved her "lack of character and integrity."

The White House press secretary, Sarah Sanders, called the recordings a blatant disregard for our national security

Sarah Huckabee Sanders, the White House Press Secretary serving under President Donald Trump from 2017 to 2019, called Omarosa Manigault Newman's secret recordings a "blatant disregard for our national security." Manigault Newman, a former White House aide, released recordings of her conversations with Trump and his chief of staff, John Kelly. These recordings were made in the White House Situation Room, a secured area where all electronic devices are supposed to be locked away.

Sanders' comment reflects her and the White House's view that Manigault Newman's actions posed a significant security risk. According to national security lawyer Bradley Moss, the use of a recording device in such a sensitive area presented counterintelligence risks. He pointed out that if a foreign agency were to hack the device, all conversations, not just those recorded by Manigault Newman, could be accessible to foreign entities. This concern was echoed by Juliette Kayyem, a former Obama administration aide, who highlighted the lack of a "security culture" in the Trump administration.

Sanders' statement also emphasizes the seriousness with which the White House viewed the breach. Manigault Newman's actions were seen as a violation of trust and a threat to the confidentiality of discussions held in the Situation Room. As a result, Sanders suggested that Manigault Newman's actions would have consequences, impacting her future career prospects in the federal government.

The situation also brought attention to the Trump administration's handling of sensitive information and the potential consequences of a lapse in security protocols. While Manigault Newman's actions may not have constituted a crime, they did raise questions about the administration's approach to security and the potential vulnerabilities that could be exploited by foreign entities.

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