New Jersey Representative Mikie Sherrill (D) is creating a law to block certain criminal charges from stopping federal officials and candidates from accessing classified information, specifically aimed at former President Trump and Senator Bob Menendez (D-N.J.).
Sherrill’s three-page bill, called the Guarding United States Against Reckless Disclosures (GUARD) Act, would prevent the president, vice president, members of Congress, and federal candidates from receiving classified information if charged with obstructing an official proceeding, unlawfully retaining classified defense information, or acting as a foreign agent, among other criminal offenses.
The bill doesn’t mention Menendez or Trump by name, but it directly applies to both troubled politicians who collectively are facing 109 criminal charges. Both have pleaded not guilty.
Sherrill did not mention Menendez in a statement on Thursday but stated that she had Trump in mind when crafting the bill.
“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.
“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,” she added.
Trump is facing federal charges of willful retention of national defense information and corruptly concealing a document or record, as well as conspiracy to defraud the United States and conspiracy to obstruct an official proceeding.
Menendez has been charged by federal prosecutors for the Southern District of New York with conspiracy to act as a foreign agent and acting as a foreign agent, one of the criminal charges mentioned in Sherrill’s bill as disqualifying a federal official from access to classified information.
“Nobody is entitled or legally obligated to classified briefings – certainly not Trump, even if he is the Republican nominee for president. 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,” Sherrill said.
Her bill states that charges such as acting as a foreign agent, obstructing an official proceeding, unlawfully retaining national defense information or improperly handling classified information would result in an officeholder or candidate forfeiting access to classified material.
The presidential nominees of major parties are traditionally given access to classified information in the months before the general election.
Sherrill’s legislation allows Congress to waive sanctions on federal officials and candidates facing charges with a majority vote of the House and a two-thirds vote of the Senate.
It also stipulates that the affected individuals would regain access to classified information if the charges are dismissed or they are found not guilty.
