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This is unrelated to the current presidency, but a general question. I am interested in knowing whether there is any information that the US president does not have clearance for.

This could be

  • governmental data (I am not really acquainted with the administrative structures in the US, so let's take a wide swing). Classified or not.
  • personal data, such as health records
  • commercial information

I am specifically interested in "formal" access, i.e. not something that is coercive, "under the table" or otherwise not following a documented/legal process.

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2 Answers 2

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Classified information in the US, like most anywhere else, is distributed on a need-to-know basis: unless someone's duty requires them to know something, they can't access it, however high their security clearance.

The POTUS is a special case, because secrecy in the US is established not by law, as it is in most countries, but by several executive orders. EO's are sole purview of the President, which means that the President is the final authority on what is classified and can at will cancel the entire order. This isn't theoretical: not long ago, Obama had exercised this exact power, replacing older EOs with Executive Order 13526.

Under this order, the President and even a former President has privileges per Section 4.4(a) to bypass the need-to-know rule, but there is a limitation in 4.4(b) on whether such access is in the interest of national security. As any officer making that determination answers to the executive, they can be replaced or overruled through the chain of command.

While the POTUS can't just casually browse the X-files, the system runs on their orders, and there's no mechanism to restrict classified information from them. The Independence Day scenario, where major research was hidden from the President, could be resolved by firing the officer or issuing a new EO. It's very unlikely, except maybe in the Designated Survivor scenario, where the office is temporarily assumed by someone low in the line of succession.

Personal and business privacy is less easily violated - the laws protecting it come from the legislative branch and require the Congress or a court to legally bypass. Obtaining private records generally requires a court warrant, so it's clear that Donald can't casually demand a passer-by to unlock their phone.

What happens to private information in government databases is patchier; health records generally have the strongest protections. Most protections have weakened since 2001, when the national security justification started to be used by the NSA for broad surveillance. The NSA can deliver reports based on already collected data without further oversight, and the request itself can be kept classified. If the President were a superhero, national security would be their superpower.

Whether that counts as legal, depends. With a good-faith belief that this information will help secure the nation, yes. New surveillance requires approval by a special court, which denies less than one request per year. Clear abuse like collecting data on one's campaign opponent would likely get flagged even there, so this power isn't absolute.

In summary, in the US the President's access to government data is very broad, but can be contested in court. Other countries' systems work in different ways.

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    Independence Day — the 1996 movie staring Smith, Pullman, Goldblum, et.al? Commented Feb 21 at 21:54
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    @Dúthomhas Yes, the best-known piece of fiction where I remember the POTUS being denied access as a key story point. Although it didn't stray too far from how it would go IRL: "You're fired; new guy, give me access". Commented Feb 21 at 23:29
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    I’m trying to point out that you are referring to a fictional America-Rules!!!1! movie which is older than your grandkids’s parents that an international audience may not have seen — right in the middle of an answer about real-life conditions — all without any typographical indication that you are referencing the proper title of a film/book/something. I literally watched the film yesterday so I was able to make the connection, and was still unsure that you were actually referring to it or if I was just ignorant of some other meaning. You should clarify. Commented Feb 22 at 0:58
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    @Dúthomhas Guess I'll clarify that it's a movie and describe the situation. Seemed like such a cultural icon that it's been around forever, but times change ) Commented Feb 22 at 10:45
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    Hah, yes... Nothing is obvious on the internet, lol. Commented Feb 22 at 11:50
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Yes, there is information that the President is not cleared for, though it is generally an exception. This would generally be for investigations into the president, people close to them, or organizations they are involved in.

An example of this would be the Robert Mueller special counsel investigation that took place during Trump's first term in office. In cases like this, due to the nature of the investigation, the president could not be involved in other ways.

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