General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA question For DU Lawyers. esp. those with Constitutional/Government Expertise.
Is it legal to force/coerce/ask Legislative branch employees to sign a Non-Disclosure Agreement with the Executive Branch?
Two article from Politico mentions that this has happened. http://www.politico.com/story/2017/01/trump-immigration-congress-order-234392
The work of the committee aides began during the transition period after the election and before Donald Trump was sworn in. The staffers signed nondisclosure agreements, according to two sources familiar with the matter. Trump's transition operation forced its staff to sign these agreements, but it would be unusual to extend that requirement to congressional employees. Rexrode declined to comment on the nondisclosure pacts.
and this: http://www.politico.com/story/2017/01/bob-goodlatte-staff-trump-immigration-order-234424
He also told lawmakers his staff had no input on the timing or the rollout of the immigration order, which bans travelers from seven predominantly Muslim countries and halts the refugee program.
POLITICO reported Monday night that Goodlatte staffers helped the administration craft the executive order but did not inform their chairman or GOP leaders on the Hill of their work on the policy. Sources said the staffers signed nondisclosure agreements so they could not talk about what they were working on.
Goodlatte's staff has said he was unaware of the executive action. And his staff has not responded to multiple questions about their signing of nondisclosure agreements, which would bar them from discussing the controversial policy with their boss or republican leadership.
I cannot believe this is normal or legal, and that is why If anyone is a lawyer, I would love input.
elleng
(130,827 posts)I just read that Goodlatte thinks so highly of his staff that he happily provided them to assist in the transition.
Rep. Goodlatte Explains Why His Staff Helped On Trump's Executive Order
Source: Talking Points Memo
http://www.democraticunderground.com/10141685143
Raine1967
(11,589 posts)There is something really bothersome here.
dgibby
(9,474 posts)Two words: Bob Goodlatte
His congressional district is next to mine, and I have lots of friends who, much to their dismay, are represented by him. He and my rep, Morgan Griffith, make my skin crawl.
Raine1967
(11,589 posts)Waving to you from NoVa.
dgibby
(9,474 posts)Lived in Annandale and was there for the blizzard. I grew up in Clifton Forge (Alleghany Co), but never saw that much snow at one time in my life!
I moved back home after 22 years in the Navy (Nurse Corps) and another 20 in the SC Lowcountry. I love Virginia, don't want to live anywhere else, but would be happier if we could get rid of more of these Republicans. They're giving the state a bad name.
Raine1967
(11,589 posts)moved here after a few years in Atlanta. Prior to that, I had been an NYS resident my entire life. Been here 7.5 years. I missed NYS when I was in Georgia, I don't miss it now that I am in Virginia.
cheyanne
(733 posts)Was it illegal for the staffers and whoever they were working with to sign non-closure?
Is it legal to craft policy without saving any communications and work papers?
KittyWampus
(55,894 posts)not the person occupying the office.
Raine1967
(11,589 posts)The Velveteen Ocelot
(115,658 posts)Government employees can be required to sign agreements not to disclose classified or other sensitive information but they can't be forced to sign all-encompassing NDAs. Of course they can be fired (unless they are Civil Service employees). Here's an article addressing the issue: http://www.thedailybeast.com/articles/2016/11/16/trump-can-t-legally-make-new-staff-sign-ndas-yet.html
Raine1967
(11,589 posts)One of the big questions I have is about the fact that these are not trump staff, They are Hill staffers.
cheyanne
(733 posts)employees w/o making it a law, but what is Bannon's status in this?
Raine1967
(11,589 posts)Yo_Mama
(8,303 posts)Depending on the terms of the NDA, of course. The terms would have to be legal.
I don't think they could be forced to sign a general NDA as a condition of their EMPLOYMENT. Signing limited NDAs as a condition of working on a particular project, yes.
Raine1967
(11,589 posts)I sure would love to see what that NDA said.
Yo_Mama
(8,303 posts)That is both implicit (getting bills passed, structuring policy) and explicit (advice & consent).
So in an advisory/consultation role, this doesn't seem that controversial. Generally anything an elected Representative or Senator may do, they may have their staff do.
Raine1967
(11,589 posts)Appreciated.