Democrat to introduce bill that would bar Menendez, Trump from receiving classified information

New Jersey Rep. Mikie Sherrill (D) has drafted legislation to bar federal officeholders and candidates who are charged with certain criminal offenses from having access to classified information, a bill aimed squarely at former President Trump and Sen. Bob Menendez (D-N.J.).

Sherrill’s three-page bill, the Guarding United States Against Reckless Disclosures (GUARD) Act, would bar 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 legislation doesn’t explicitly refer to Menendez or Trump, but its language applies directly to both embattled politicians, who between them face 109 criminal charges. Both have pleaded not guilty.

Sherrill didn’t mention Menendez in a statement Thursday but said 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 faces 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.

Federal prosecutors for the Southern District of New York have charged Menendez 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 says charges including acting as a foreign agent, obstructing an official proceeding or unlawfully retaining national defense information or improperly handling classified information would forfeit an officeholder’s or candidate’s access to classified material.

The presidential nominees of major parties are traditionally read into classified matters in the months before the general election.

Sherrill’s legislation, however, allow Congress to waive sanctions on federal officials and candidates facing charges by a majority vote of the House and two-thirds vote of the Senate.

And it says that the covered persons would regain access to classified information if the charges are dismissed or they are found not guilty.