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American Focus > Blog > Politics > The Signal Chat Scandal—A Tempest in a Teacup, Not an Actionable Offense |
Politics

The Signal Chat Scandal—A Tempest in a Teacup, Not an Actionable Offense |

Last updated: March 29, 2025 7:49 am
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The Signal Chat Scandal—A Tempest in a Teacup, Not an Actionable Offense |
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Secretary of Defense Hegseth — Photo courtesy of NBC News, screenshot from YouTube

On March 28, 2025, a tempest in a teapot erupted in the United States following the revelation of a leaked Signal chat that involved not just high-ranking defense and intelligence officials but also an unexpected participant: a journalist from The Atlantic. This digital tête-à-tête allegedly revealed operational details regarding airstrikes in Yemen—everything from timing and targets to specifics like the use of F-18s and drones. Outrage was swift.

Democratic leaders and commentators have called for Secretary of Defense Pete Hegseth’s resignation, decrying the leak as a severe breach of national security. However, as we sift through the aftermath, it appears that what we have on our hands is less a criminal scandal and more a colossal blunder—one that raises troubling questions about the carelessness of our officials rather than outright criminality.

First, let’s clarify the legal landscape. Is it illegal for these officials to communicate via Signal, an encrypted messaging app? The answer is a resounding no—not automatically. Although Signal is not a government-sanctioned platform like SIPRNet for classified exchanges, the use of commercial apps for unclassified coordination has become somewhat common, often with unspoken approval across administrations. The legality hinges on the content shared rather than the medium itself. If the chat consisted of logistical details, it may be a procedural faux pas rather than a criminal act. However, if it leaked classified operational plans, that’s a different kettle of fish—but we’ll circle back to that.

Now, the million-dollar question: was the leaked information classified, secret, or simply unclassified? That remains murky—and herein lies the crux of the matter. *The Atlantic* reported specifics such as “1415: Strike Drones on Target,” which experts argue suggest a classification level of “Secret” or even “Top Secret,” given their operational sensitivity. Former Pentagon officials characterize it as a textbook security breach, contending that such information could compromise missions and endanger troops by alerting adversaries like the Houthis. Yet, the Trump administration maintains that no classified information was disseminated, and Hegseth, as the original classifying authority, could theoretically declassify on the fly (though there’s scant evidence he did).

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While classification is crucial, it’s not the entire story—under the Espionage Act, even unclassified “national defense information” (NDI) can be protected if its disclosure poses a risk to the U.S. or offers advantages to foreign adversaries. The judgment on this is subjective, however. In this scenario, the information was released post-factum, complicating the ability to demonstrate actual harm.

So, is it criminal to inadvertently reveal information to an unauthorized individual—like a journalist mistakenly added to the chat? Not quite. The Espionage Act (18 U.S.C. § 793) stipulates that intent is necessary—one must willfully share NDI with “reason to believe” it could harm national security. Penalties can be stiff—up to a decade in prison—but accidental leaks seldom meet this benchmark. Consider Jack Teixeira or Chelsea Manning, who intentionally leaked classified information. Here, reports indicate that Rep. Michael Waltz inadvertently added the wrong number, a simple mistake rather than a conspiracy. If that’s the case, intent is absent, and the likelihood of criminal charges diminishes. Even if the information was classified, unintentional exposure might breach DoD policy—think reprimands or job loss—but it doesn’t automatically equate to a crime.

For sensitive but unclassified data, the stakes are even lower: a mere slap on the wrist rather than handcuffs. While gross negligence could theoretically trigger legal consequences, such prosecutions are remarkably rare.

This leads us to the crux of the uproar: if there was no intent, can anyone be charged with revealing state secrets? Likely not. The law’s stringent intent requirement provides a buffer for the participants in this chat against espionage charges. There’s no evidence to suggest they intended to leak information to *The Atlantic*. At worst, this episode reflects carelessness—a lapse in operational security during an era of heightened scrutiny. Critics may assert that such negligence verges on reckless endangerment, particularly if an undercover CIA officer was named in the conversation (as has been reported).

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However, without clear intent, labeling it a crime is a stretch. Investigations—by Congress, the DoD Inspector General, or the FBI—might explore potential damage and accountability, but do not anticipate any indictments.

The Federal Records Act complicates matters further: Signal’s auto-delete feature could potentially evade transparency laws, thereby amplifying perceptions of incompetence or even a cover-up. Yet, carelessness alone isn’t a criminal offense, and no evidence suggests any deliberate attempt to conceal information. So why the clamor for resignation? Critics point to public trust, but the underlying motivations are political and perceptual. Democrats, who opposed Hegseth’s confirmation from the outset, are capitalizing on any opportunity to oust him. The irony? Should he be dismissed, he would merely be replaced by another Trump appointee—one they would likely loathe just as much.

Ultimately, the entire ‘Signal-gate’ debacle serves as an exercise in distraction and collective indignation. The real fuel for this outrage isn’t merely this incident—it’s a broader contempt for Trump and Musk. With nearly four years remaining in this administration and no way to alter that trajectory, critics are left to nitpick, bicker, and vent their frustrations, hoping to lay the groundwork for the 2026 midterms and the 2028 presidential election.

Let’s keep perspective. No troops were harmed. No operations failed (at least not that we know of). The journalist didn’t publish until after the airstrikes, limiting immediate repercussions. In comparison to Edward Snowden’s extensive leaks or Reality Winner’s espionage conviction, this incident is more akin to a fumble than an act of treason. Hegseth’s supporters argue that this is a partisan witch hunt, with Democrats seizing upon a blunder to undermine a Trump loyalist. The intensity of the backlash seems disproportionate for an unsubstantiated breach.

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In conclusion, the legal case appears flimsy. With no intent and no clear crime, we are left with a muddle of uncertainties.

TAGGED:ActionableChatoffenseScandalAsignalTeacupTempest
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