No senior US government official in the now-infamous “Houthi PC Small Group” Signal chat seemed new to that kind of group, nor surprised by the sensitivity of the subject discussed in that insecure forum, not even when the defense secretary, Pete Hegseth, chimed in with details of a coming airstrike. No one objected – not the director of national intelligence, Tulsi Gabbard, who was abroad and using her personal cellphone to discuss pending military operations; not even the presidential envoy Steve Witkoff, who was in Moscow at the time. Yet most of these officials enjoy the luxury of access to secure government communications systems 24/7/365.

Reasonable conclusions may be drawn from these facts. First, Trump’s national security cabinet commonly discusses secret information on insecure personal devices. Second, sophisticated adversaries such as Russia and China intercept such communications, especially those sent or received in their countries. Third, as a result, hostile intelligence services now probably possess blackmail material regarding these officials’ indiscreet past conversations on similar topics. Fourth, as a first-term Trump administration official and ex-CIA officer, I believe the reason these officials risk interacting in this way is to prevent their communications from being preserved as required by the Presidential Records Act, and avoid them being discoverable in litigation, or subject to a subpoena or Freedom of Information Act request. And fifth, no one seems to have feared being investigated by the justice department for what appears to be a violation of the Espionage Act’s Section 793(f), which makes gross negligence in mishandling classified information a felony; the FBI director, Kash Patel, and attorney general, Pam Bondi, quickly confirmed that hunch. Remarkably, the CIA director John Ratcliffe wouldn’t even admit to Congress that he and his colleagues had made a mistake.

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I happen to have served in Yemen as a sensitive activities officer for special operations command (central). Conspicuous in their absence from the Signal chat were uniformed officers responsible for the recent combat mission: the acting chair of the joint chiefs of staff Adm Christopher Grady, central command’s Gen Michael Kurilla and special operations command’s Gen Bryan Fenton. These good men would have raised the obvious objection: loose talk on insecure phones about a coming operation jeopardizes the lives of US sailors and marines standing watch on warships in the Red Sea and Gulf of Aden, naval aviators flying over the beach towards the target, and likely special operators, intelligence officers and human sources working in the shadows on the ground.

You don’t need 30-plus years in uniform to know that holding a detailed yet insecure discussion about a pending military mission is wrong; the participants in the chat knew, too. They just didn’t care, not as much as they cared about keeping their communications from being legally discoverable. They’re safe in the knowledge that in a new era without benefit of the rule of law, Patel’s FBI and Bondi’s justice department will never bring charges against them, for a crime which uniformed service members are routinely prosecuted for vastly smaller infractions. As the attorney general made plain in her remarks about this matter, federal law enforcement is now entirely subservient to Trump’s personal and political interests.

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