Timeline: U.S. Classified Information and Mishandling Cases

TL;DR

• The U.S. classification system was formalized in the mid-20th century to protect national defense and intelligence data.
• Several Executive Orders have shaped the process, with EO 13526 (2009) being the current framework.
• High-profile mishandling cases have spanned from intentional leaks to negligent retention.
• This timeline highlights key legal, policy, and enforcement milestones.

Timeline

• 1938 – Executive Order 8381: First formal use of classification categories (e.g., Restricted).
• 1951 – Executive Order 10290: Introduced Confidential, Secret, and Top Secret levels.
• 1978 – Executive Order 12065: President Carter reforms classification and declassification procedures.
• 1995 – Executive Order 12958: President Clinton streamlines automatic declassification after 25 years.
• 2009 – Executive Order 13526: President Obama defines current standards for classifying, safeguarding, and declassifying national security information.
• 2005 – Sandy Berger: Former National Security Advisor pleads guilty to removing classified documents from the National Archives.
• 2016 – Hillary Clinton investigation: FBI investigates use of a private email server containing classified material; no charges filed.
• 2018 – Reality Winner: Convicted of leaking a classified NSA report; sentenced to over 5 years in prison.
• 2019 – Harold T. Martin III: Sentenced for removing over 50 terabytes of classified data from the NSA.
• 2023 – Donald Trump indictment: Former President Trump is federally indicted for willful retention of national defense information and obstruction, related to classified documents found at Mar-a-Lago after leaving office.
• 2023 – Kendra Kingsbury: Former FBI analyst sentenced to 46 months for unlawful retention of classified documents.
• 2025 – Margaret Anne Ashby: Former federal employee sentenced to 36 months for mishandling classified materials.

FAQ

• Q1: How has classification policy evolved?
  A: It has expanded in complexity and control mechanisms, especially post-WWII and after major intelligence reforms.
• Q2: Why are so many cases of mishandling unprosecuted?
  A: Many hinge on willful intent and scale; administrative penalties are often used for less severe violations.
• Q3: Are there efforts to reform classification?
  A: Yes. Critics advocate reducing over-classification and improving declassification processes.

Sources

• Congressional Research Service, 2023
• CDSE Student Guide
• U.S. Department of Justice press releases
• Wikipedia: Classified Information in the United States