What level of damage to national security can you reasonably expect to top secret information to cause if disclosed?

Officials removed a cache of documents from former President Donald Trump's Mar-A-Lago residence in Palm Beach, Fla., last week.

When the FBI searched former President Donald Trump's Mar-a-Lago resort last week, agents seized 11 sets of classified documents, including ones marked "Top Secret," court filings show.

The actual contents of those documents are unknown, but they included some from each of the government's security classification levels: confidential, secret and top secret. They also included a less familiar designation: TS/SCI, meaning top secret/sensitive compartmented information.

These classification levels refer to the documents and the level of security clearance an individual needs to access them. The levels also rise in order according to how much damage the unauthorized disclosure of the information could do, Mark Zaid, an attorney specializing in national security, told NPR.

"If there is an unauthorized disclosure of confidential information, it could reasonably be expected to cause damage to the national security of the United States," Zaid said. "At a secret level, unauthorized disclosure is expected to cause serious damage. And for the top secret level, unauthorized disclosure is expected to cause exceptionally grave damage."

The property receipt unsealed with the search warrant shows that of the documents seized, four sets of documents were classified as top secret, three more sets were classified as secret, and three other sets were classified as confidential.

The remaining set was classified as TS/SCI.

The top secret/sensitive compartmented information is not a separate classification level

The SCI abbreviation is an added specifier that can refer to a singular asset, program or project or the way in which the information contained in the document was collected, Zaid said. Not everyone with top-secret clearance would be able to view a TS/SCI document — they would need to have clearance for the specific SCI designation.

"When you talk about, for example, issues dealing with operational activities of covert case officers, identities of informants and assets ... that's when you start to get far more into the TS and SCI world," Zaid said.

Not everyone with top-secret clearance can view TS/SCI material

He often compares the security levels to keys to a house. Those with a confidential clearance have the lowest level of access similar to a key that would open the front door. Those with secret clearance would be able to go down to the basement with another key. And then only those with top-secret clearance would have another key to the utility room. Once inside the utility room, those with the TS/SCI designation would only have keys to certain safes or boxes that correspond to their specified project or asset.

Zaid said he represents a lot of clients who mistakenly take home documents that are classified when they're retiring or a similar situation, but keeping materials classified as TS/SCI is a much bigger deal.

People who work in the national security sector at any level know that they should not keep documents labeled TS/SCI, Zaid said. "To have so many classified documents that, at least according to the warrant receipt, [are] properly marked raises so many red flags," he said.

§ 3a.11 Classification of official information.

(a) Security Classification Categories. Information or material which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States (hereinafter collectively termed national security) is classified Top Secret, Secret or Confidential, depending upon the degree of its significance to national security. No other categories are to be used to identify official information or material requiring protection in the interest of national security, except as otherwise expressly provided by statute. These classification categories are defined as follows:

(1) Top Secret. Top Secret refers to national security information or material which requires the highest degree of protection. The test for assigning Top Secret classification is whether its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. Examples of exceptionally grave damage include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scientific or technological developments vital to national security. This classification is to be used with the utmost restraint.

(2) Secret. Secret refers to national security information or material which requires a substantial degree of protection. The test for assigning Secret classification shall be whether its unauthorized disclosure could reasonably be expected to cause serious damage to the national security. Examples of serious damage include disruption of foreign relations significantly affecting the national security; significant impairment of a program or policy directly related to the national security; revelation of significant military plans or intelligence operations; and compromise of significant scientific or technological developments relating to national security. The classification Secret shall be sparingly used.

(3) Confidential. Confidential refers to national security information or material which requires protection, but not to the degree described in paragraphs (a) (1) and (2) of this section. The test for assigning Confidential classification shall be whether its unauthorized disclosure could reasonably be expected to cause damage to the national security.

(b) Classified information will be assigned the lowest classification consistent with its proper protection. Documents will be classified according to their own content and not necessarily according to their relationship to other documents.

(c) The overall classification of a file or group of physically connected documents will be at least as high as that of the most highly classified document therein. When put together as a unit or complete file, the classification of the highest classified document contained therein will be marked on a cover sheet, file folder (front and back), or other similar covering, and on any transmittal letters, comments, or endorsements.

(d) Administrative Control Designations. These designations are not security classification designations, but are used to indicate a requirement to protect material from unauthorized disclosure. Material identified under the provisions of this subparagraph will be handled and protected in the same manner as material classified Confidential except that it will not be subject to the central control system described in § 3a.71. Administrative Control designations are:

(1) For Official Use Only. This designation is used to identify information which does not require protection in the interest of national security, but requires protection in accordance with statutory requirements or in the public interest and which is exempt from public disclosure under 5 U.S.C. 552(b) and § 388.105(n) of this chapter.

(2) Limited Official Use. This administrative control designation is used by the Department of State to identify nondefense information requiring protection from unauthorized access. Material identified with this notation must be limited to persons having a definite need to know in order to fulfill their official responsibilities.

(e) A letter or other correspondence which transmits classified material will be classified at a level at least as high as that of the highest classified attachment or enclosure. This is necessary to indicate immediately to persons who receive or handle a group of documents the highest classification involved. If the transmittal document does not contain classified information, or if the information in it is classified lower than in an enclosure, the originator will include a notation to that effect. (See § 3a.31(e).)

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§ 3a.12 Authority to classify official information.

(a) The authority to classify information or material originally under E.O. 11652 is restricted to those offices within the executive branch which are concerned with matters of national security, and is limited to the minimum number absolutely required for efficient administration.

(b) The authority to classify information or material originally as Top Secret is to be exercised only by such officials as the President may designate in writing and by the heads of the following departments and agencies and such of their principal staff officials as the heads of these departments and agencies may designate in writing;

(c) The authority to classify information or material originally as Secret is exercised only by:

(1) Officials who have Top Secret classification authority under § 3a.11(b); and

(2) The heads of the following departments and agencies and such principal staff officials as they may designate in writing:

(d) The authority to classify information or material originally as Confidential is exercised by officials who have Top Secret or Secret classification authority.

(e) Pursuant to E.O. 11652, the authority to classify information or material originally as Secret or Confidential in the FERC shall be exercised only by the Chairman, the Vice Chairman, and the Executive Director. When an incumbent change occurs in these positions, the name of the new incumbent will be reported to the Interagency Classification Review Committee NSC.

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