The Morning: Too many top secrets

Officials' discoveries of classified documents point to a broader problem.

Good morning. The U.S. government classifies tens of millions of documents a year, and experts say the practice is excessive.

The National Archives is asking former presidents and vice presidents to look for classified items.Mark Tenally/Associated Press

Not so confidential

Classified documents keep turning up in the homes of former presidents and vice presidents. First, law enforcement found hundreds of them in Donald Trump's home. President Biden's aides recently gave back classified documents that were found in his office and home, dating to his time as vice president and senator. And last week, Mike Pence's aides found classified documents in his home.

After all of these discoveries, the National Archives asked former presidents and vice presidents yesterday to look through their personal records for any documents that should not be there.

The three cases have important differences. Notably, Trump resisted efforts to retrieve the documents, while Biden and Pence returned them voluntarily. But they have all raised the public's awareness of what has long been a government phenomenon: Current and former officials at all levels discover and turn over classified documents several times a year, The Associated Press reported.

Why does this keep happening? One possible reason, experts say, is that too many documents are classified in the first place. The federal government classifies more than 50 million documents a year. It's difficult, if not impossible, to keep track of all of them. Some get lost and found years later — and many more are likely still out there.

Today's newsletter will look at how the over-classification of government documents became so widespread.

Playing it safe

The government classifies all kinds of information, including informants' identities, war plans and diplomatic cables. There are three broad categories of classification: confidential, secret and top secret. Technically, the president decides what is classified. But the job is delegated to cabinet and agency heads, who further delegate, through agency guidelines, to lower-ranked officials.

That system effectively encourages federal officials to take a better-safe-than-sorry approach to classification. The classification of a document reduces the risk that important secret information leaks and leads to trouble, particularly when it concerns national security. But if a document is not classified and is obtained by America's enemies or competitors, the people who originally handled that information could lose their jobs, or worse.

In many agencies, officials "face no downsides for over-classifying something," said Oona Hathaway, a professor at Yale Law School and former special counsel at the Pentagon. "But if you under-classify something, really dire consequences could come for you."

So officials tend to play it safe. Of the more than 50 million documents classified every year, just 5 to 10 percent warrant the classification, Hathaway estimated, based on her experience at the Pentagon.

One example of the extremes of classification: In a cable leaked by Chelsea Manning, an official marked details of wedding rituals in the Russian region of Dagestan as "confidential" — as if most such details were not already well known in a region of more than three million people.

Presidents have criticized the classification system, too. "There's classified, and then there's classified," Barack Obama said in 2016. "There's stuff that is really top-secret top-secret, and there's stuff that is being presented to the president or the secretary of state that you might not want on the transom, or going out over the wire, but is basically stuff that you could get in open-source."

In 2010, Obama signed the Reducing Over-Classification Act. It didn't solve the problem, experts said.

The downsides

So what's the harm? Experts say there are several potential dangers to over-classification.

For one, it keeps potentially relevant information from the public, making it harder for voters and journalists to hold their leaders accountable. One example: Starting in the 2000s, the U.S. ran a highly classified drone program to identify, locate and hunt down suspected terrorists in the Middle East and South Asia. The program's existence was well known, and the destruction it caused was widely reported. Yet elected officials, including members of Congress briefed on the program, could answer few questions from constituents or reporters about it because the details were classified.

Over-classification can also make it difficult for agencies to share information with others, whether they are other U.S. agencies or foreign partners. "There are national security concerns — in terms of information not getting shared that should be," said Elizabeth Goitein, senior director of the Brennan Center for Justice's Liberty and National Security Program.

And, of course, the recent discoveries show how hard it can be to track all of these classified documents. "We've just overloaded the system," Goitein said. "And that makes slippage inevitable."

Related: How the government handles classified information, explained.

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ARTS AND IDEAS

Mercedes Jimenez-Cortes recently purchased a traffic mirror for her apartment.Marilyne Moja Mwangi for The New York Times

Warped selfies

The bulging convex traffic mirrors that hang in parking garages and on the sides of school buses are meant to reflect blind spots and maximize safety. They're also all over TikTok, part of Gen Z's latest approach to the self-portrait.

The mirrors turn an everyday scene surreal, bending concrete as if it were jelly and exaggerating the size of a subject's face, iPhone and outfit. And friends can crowd easily into their reflection, ensuring no one is left out. "It looks funny," Mercedes Jimenez-Cortes, 24, said. "But it looks funny on purpose."

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Matthew Cullen, Lauren Hard, Lauren Jackson, Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti and Ashley Wu contributed to The Morning. You can reach the team at themorning@nytimes.com.

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