White House proposes NDAs for federal workers to crack down on leaks to journalists | Trump administration | The Guardian
The Trump administration's Office of Personnel Management released a draft nondisclosure agreement on Tuesday requiring federal employees to sign NDAs designed to prevent them from sharing information with journalists. The proposed agreement allows the government to pursue civil and criminal penalties against employees who disclose information deemed confidential, and grants the administration rights to all royalties employees receive from such disclosures. Former government employees would need written permission from an authorized agency official to speak to journalists about confidential information after leaving their positions.
This proposal is part of Trump's broader campaign to control the flow of information from federal agencies. Since taking office, Trump has attacked news outlets as "fake news," filed lawsuits against media organizations, banned the Associated Press from the White House press pool, and restricted reporter access at the Pentagon. The administration also enacted a September media policy requiring Pentagon reporters to sign pledges to report only officially released information.
Federal employee unions directly oppose the NDA proposal. Steve Lenkart, executive director of the National Federation of Federal Employees, stated the move is part of an effort to weaken unions that function as internal accountability mechanisms and to silence dissent within government. Everett Kelley, national president of the American Federation of Government Employees, characterized the proposal as an attempt to purge career civil servants and replace them with political loyalists unwilling to report waste, fraud, and abuse. Both union leaders emphasized that federal employees retain constitutional rights and protected whistleblower protections under existing federal law, including the ability to report misconduct to Congress and inspectors general.
The draft NDA explicitly states it would not apply to lawful disclosures of fraud, abuse, and misconduct to internal government watchdogs and Congress, as prohibited by federal law. However, legal experts and union leadership argue that agreements designed to suppress lawful disclosures lack legitimate governmental purpose and are constitutionally suspect. Federal employees do not surrender First Amendment rights upon accepting government employment, according to union statements.
The OPM spokesperson McLaurine Pinover justified the proposal as addressing concerns that unauthorized disclosures disrupt agency operations, but the timing aligns with Trump's pattern of attacking press freedom and independent government institutions. Trump has previously attempted to silence government insiders through litigation, using legal threats against former officials who published accounts of his conduct, illustrating the administration's longstanding hostility toward public disclosure of government activities.