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Rep. Mikie Sherrill (D-NJ) has introduced the Guarding United States Against Reckless Disclosures (GUARD) Act, aimed at preventing access to classified information for federal officeholders and candidates facing specific criminal charges. Although the bill does not explicitly name individuals, its criteria directly affect former President Donald Trump and Sen. Bob Menendez (D-NJ), who are currently battling a combined 109 criminal charges, with both pleading not guilty.

Sherrill, leveraging her experience as a Navy veteran and former prosecutor, initiated the bill with Trump’s case in mind, expressing grave concerns over his pursuit of sensitive classified information amidst severe criminal charges. The GUARD Act seeks to limit access to classified information for those charged with obstructing an official proceeding, unlawfully retaining classified defense information, or acting as a foreign agent—charges that pertain to the legal challenges faced by Trump and Menendez.

Trump faces charges including the willful retention of national defense information and efforts to obstruct an official proceeding, while Menendez is accused of acting as a foreign agent, a direct tie to the disqualifications listed in Sherrill’s legislation. Sherrill underscores the bill as a critical measure for protecting national security, advocating for bipartisan support to ensure that charged individuals do not receive classified briefings. The legislation also outlines mechanisms for Congress to potentially waive sanctions or restore classified access if the individuals are acquitted or the charges dismissed.

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