Who is the mess?

Time to refresh our memories, again, on why Trump can’t enforce NDAs against people who work in his administration:

But such NDAs for government workers, when they go beyond prohibiting the disclosure of classified information, are unconstitutional on their face. I know, because I have litigated more pre-publication-review classification challenges against the government during the past 25 years than any other attorneyFor decades, courts have made it clear that the government may not censor unclassified material, “contractually or otherwise.” Legal challenges during the 1970s and 1980s against the CIA settled the question that the government has no legitimate interest under the First Amendment in censoring unclassified information.

Oddly enough, Trump’s engorged ego doesn’t overrule that.

No known prior administration has relied upon the use of NDAs to try to silence public employees, because any such document was correctly perceived as legally unenforceable and problematic on so many levels. I never came across any similar attempts in my time in Washington during President Bill Clinton’s first term. The only comparable agreement that I’m aware of is one congressional intelligence committee staffers are requested to sign that prohibits post-employment discussion of committee procedures. The constitutionality of such an agreement is also suspect, but no known legal challenge has ever been made.

Trump however is not a fast learner.

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