If there is one defining aspect of Donald Trump’s presidency, it is this: he does not believe himself or members of his staff to be public servants, serving the American people. He believes himself to be a hybrid between a CEO and a king, and sees White House employees as his court and his servants.

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His demand that staffers sign non-disclosure agreements is the latest example, and one of the most glaring ones. These non-disclosure agreements (NDAs) extend even beyond the end of his presidency, so White House employees could find themselves on the other end of a Trump lawsuit should they speak about the details of his tenure – and reportedly on the hook for thousands or even millions.

It’s hard to overstate what an egregious violation this is, of both the constitution and democratic norms. These agreements can be toxic in a normal workplace, as the #MeToo movement has shown. By barring women from talking about the conditions of their workplaces, NDAs routinely allow employers to sweep harassment and even assault under the rug, putting more women at risk.



They serve to protect employers at the expense of employees, and are ridiculously overused. Employees typically have little ability to refuse to sign them. Courts should certainly be bringing a closer eye to these agreements, well outside of Trump’s world.

NDAs can serve a limited purpose in companies where employees deal with sensitive information, and where disclosure of that information has no broader purpose but could undermine the company’s work. It’s not that NDAs need to end entirely. But they should be available only in limited circumstances – and the federal government is not one.

Employees of the United States government certainly deal with sensitive information. But we have a system to protect that – information is classified at various levels, and each employee is given an appropriate clearance level to allow them to access what they need and barring them from what they either don’t need to see or aren’t permitted to see.



The Trump administration, notably, has flouted this system, hiring a ragtag bunch of lackeys, celebrity-seekers, presidential family members and a few accused wife-beaters, and keeping them on despite their stunningly comprehensive inability to pass background checks. Trump himself has even tweeted classified information. This is not a president whose chief concern is the sanctity of state secrets and the national security of the United States.

His chief concern is himself, and the potential publication of unflattering information about his presidency. Trump doesn’t seem to realize, though, that although members of his administration serve at the pleasure of the president, they all work for the American people.



The White House is the people’s house. All presidents hope to avoid leaks to the press and embarrassing tell-alls, but this is the reality of public service: the public sometimes reads unflattering takes on you. The public has the right to know if you’re screwing up. And in a well-managed White House, employees will respect both their boss and the office; they will see themselves as public servants, contributing to the important work of executive governance.

That is not the Trump White House. His most public-facing staff members seem to have no concept of public service, and are instead more interested in jockeying for power and going on TV. The Obama White House was far from perfect, but it had none of the reality TV backstabbing and merry-go-round hirings and firings of the Trump team. This White House leaks because the people in it are largely out for themselves, and because it’s chronically mismanaged and constantly chaotic. No wonder Trump wants staff to sign NDAs – there’s a lot of dirt to spill.

But that doesn’t justify having them. Barring White House employees from speaking about their tenure there – threatening them with legal action if they do – violates their first amendment right to free speech, and undermines our most basic democratic norms.



The White House should not be a cloistered castle surrounded by an impenetrable wall of legally enforced silence. We should know what happens in there, from press secretaries who tell us the truth (also absent in the Trump White House) and from employees willing to speak about their experiences. A good leader may not love everything those employees have to say, but he shouldn’t have cause to systematically fear all of them – that’s evidence he’s not a particularly good leader.

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It should frighten us all that we are being led by a president who believes he should be beyond accountability and transparency. It should frighten us that he is enabled by people, including his lawyers, who are willing to make public employees sign unconstitutional gag orders to protect his ego at the expense of our country’s founding principles.

Donald Trump may fill his gold-plated surroundings with Louis XIV furniture, but he is not a king. If there are any White House employees with a shred of dignity, they should speak up and speak out – lawsuits be damned.

