Can the President Revoke Former Officials’ Security Clearances?

[Tranquillus in Exile]

Bradley P. Moss is a Washington D.C. attorney specializing in security clearance proceedings. Last month he wrote this opinion:

Trump is considering steps by which clearances can be revoked because “they’ve politicized and, in some cases, monetized their public service and security clearances,” as well as “made baseless accusations of improper contact with Russia or being influenced by Russia against the President.”

In 11 years of representing civilian employees, military personnel, political appointees and government contractors in security clearance proceedings, I can say with certainty that these types of “allegations” are nothing like anything I have ever seen in a memorandum outlining bases for denying or revoking a security clearance.

Moss goes on to outline three different scenarios that might occur:

1. The Standard Process
Trump is unlikely to go down this path because it affords far too much due process for his taste. What’s more, it would require civil servants at the respective agencies to sign off on the paperwork. I can say with a reasonable degree of confidence that those civil servants would not put their names on a document moving to revoke someone’s security clearance for nothing other than bad-mouthing the president on television or writing a book.

2. The National Security Exception to the Standard Process
This is a rarely-used provision that nonetheless is probably far more to Trump’s liking. Again, however, this would necessitate current agency heads such as FBI Director Christopher Wray to attest that it would be inconsistent with national security to afford appeal rights to Comey or McCabe. The odds are not in Trump’s favor that Wray would consent to putting his name on such a document.

3. The Inherent Authority Option
The president could claim the inherent authority to revoke the clearance of each of the individuals without any due process. There is no precedent for such an action, as no president (at least as far as I am aware) has ever personally intervened in the clearance revocation of an individual. That has never happened before because past presidents—whatever their flaws or scandals—knew there were certain institutional norms and customs that a president simply should not disturb.

If the president were to take this unprecedented exercise of his authority, it is anyone’s guess how the courts would construe the issue. It would set up a serious clash of constitutional questions between the inherent authority of the president regarding classified information, the procedural due-process rights of clearance holders under the Fifth Amendment, and the extent to which the judiciary is even permitted to rule on the matter.

As the president would say, we’ll just have to wait and see.

https://www.lawfareblog.com/can-pres...ity-clearances

[Mason Michaels]

Dictators do whatever they want till stopped

[PostmodernProphet]

perhaps a better question is this......is there any law that says someone who does not work for the government may HAVE a security clearance.......

[Nordberg]

No president has ever done such thing. There is a legal process that has been used to remove clearance.

1. provide written comprehensive explanation of why
2. have 30 days to present a legal argument.
3.right to representation in a proceding
4. right to provide a written defense of why revocation is wrong
5. right to appeal
6.right to personally appeal and show relative documentation

None of this is allowed when Trump plays king,.

[canceled.2021.2]

Brennan should sue.

Bwahahahahahahahahahahahahahahahahahahahha

Fuck Brennan and fuck you


#MAGA BITCHES

[domer76]

perhaps a better question is this......is there any law that says someone who does not work for the government may HAVE a security clearance.......

WHOOSH!

[Nordberg]

Brennan says he will not sue but he thinks someone should. The prez does not have the right to silence critics with that misuse of power . It will be stopped until the court decides. Trump is such a dick.

[canceled.2021.2]

Brennan says he will not sue but he thinks someone should. The prez does not have the right to silence critics with that misuse of power . It will be stopped until the court decides. Trump is such a dick.

Why don’t you think poor Brennan will sue? Could it be he has no case?

He doesn’t need a security clearance.

[SmarterthanYou]

[Ralph]

Bradley P. Moss is a Washington D.C. attorney specializing in security clearance proceedings. Last month he wrote this opinion:

Trump is considering steps by which clearances can be revoked because “they’ve politicized and, in some cases, monetized their public service and security clearances,” as well as “made baseless accusations of improper contact with Russia or being influenced by Russia against the President.”

In 11 years of representing civilian employees, military personnel, political appointees and government contractors in security clearance proceedings, I can say with certainty that these types of “allegations” are nothing like anything I have ever seen in a memorandum outlining bases for denying or revoking a security clearance.

Moss goes on to outline three different scenarios that might occur:

1. The Standard Process
Trump is unlikely to go down this path because it affords far too much due process for his taste. What’s more, it would require civil servants at the respective agencies to sign off on the paperwork. I can say with a reasonable degree of confidence that those civil servants would not put their names on a document moving to revoke someone’s security clearance for nothing other than bad-mouthing the president on television or writing a book.

2. The National Security Exception to the Standard Process
This is a rarely-used provision that nonetheless is probably far more to Trump’s liking. Again, however, this would necessitate current agency heads such as FBI Director Christopher Wray to attest that it would be inconsistent with national security to afford appeal rights to Comey or McCabe. The odds are not in Trump’s favor that Wray would consent to putting his name on such a document.

3. The Inherent Authority Option
The president could claim the inherent authority to revoke the clearance of each of the individuals without any due process. There is no precedent for such an action, as no president (at least as far as I am aware) has ever personally intervened in the clearance revocation of an individual. That has never happened before because past presidents—whatever their flaws or scandals—knew there were certain institutional norms and customs that a president simply should not disturb.

If the president were to take this unprecedented exercise of his authority, it is anyone’s guess how the courts would construe the issue. It would set up a serious clash of constitutional questions between the inherent authority of the president regarding classified information, the procedural due-process rights of clearance holders under the Fifth Amendment, and the extent to which the judiciary is even permitted to rule on the matter.

As the president would say, we’ll just have to wait and see.

https://www.lawfareblog.com/can-pres...ity-clearances

Can he? Yes. He ALREADY HAS.....and the fact that you don't witness the pompous asshole Brennan rushing out to the court system to defend himself speaks volumes. What is he doing...engaging the propaganda arm of the DNC....the MSM...exercising his still valid 1st amendment right of free speech.

The courts are useless in consideration of the US CONSTITUTION. This "free speech" argument is Bull Shit. We are addressing the fact of revoking the privilege AFTER service has been rendered......and CAUSE. The cause does not have to be proven in a court of law.....the "Cause" in the instance of the disgraced FORMER CIA head......is justified by the congressional record and the fact that he lied under oath.....and the fact that he has "seditiously" accused a US PRESIDENT of treason. Period. There is "FREE SPEECH" and there is speech engaging in seditious language that has direct implications on the presidents ability to provide security for THE PEOPLE.


Take him to court.....I would enjoy watching anyone approaching any of the freshly appointed record number of federal court judges with such a left wing BS charge. Remember...the radicalized left no longer controls the court. Go for it....we need more left wing entertainment. Remember the (wink, wink) MUSLIM BAND.....false argument? Want your ass kicked again by real constitutional judges?

The real winner? Omarosa…..WHO? How can you make any false charge stick.....if you are continually "BAITED" into launching a new attack on a different plane of thought every other day. You are being flooded with so much bait even the MSM does not have the capacity to keep up....you are being played and manipulated by the BEST.


(fishing) is fun....these people are stupid. 223 WE ARE IN CONTROL, WE KNOW EVERYTHING.

[Tranquillus in Exile]

Can he? Yes. He ALREADY HAS.....

Yet Trump is the first president who ever tried to do that. Is the United States a constitutional republic or a subsidiary of the Trump Organization?

WE ARE IN CONTROL, WE KNOW EVERYTHING.

One year and seven months ago a minority of the people brought forth on this continent a new nation, conceived in Trumpery and dedicated to the proposition that all men are created dumbfucks.

And the GOP? It started with Lincoln and it ended with Trump. What an epitaph.

[Ralph]

Yet Trump is the first president who ever tried to do that. Is the United States a constitutional republic or a subsidiary of the Trump Organization?




One year and seven months ago a minority of the people brought forth on this continent a new nation, conceived in Trumpery and dedicated to the proposition that all men are created dumbfucks.

And the GOP? It started with Lincoln and it ended with Trump. What an epitaph.

Your point? Brennan is the 1st SPOOK head that weaponized the Feds on another political party. All those involved will loose their privileges. There are many FIRSTS under Mr. Trump. That's why he was PLACED by the MILTIARY into power. Think about it. Who really had the power to control an election? Who really has a literal RECORD on every man, woman and child in the United States? Trump's on a mission to clean up the US and take it away from the criminals who are running it. Do you know there are some 40K sealed indictments in the DOJ right now....just waiting for the hammer to be dropped? Do you know the DOJ.....airplane has visited Little Rock.....twice in the past few days, and each time unloaded a shitpile of boxes to the local feds there?

[Tranquillus in Exile]

There are many FIRSTS under Mr. Trump. That's why he was PLACED by the MILTIARY into power.

Seriously? You think there was a MILITARY COUP in 2016 and "they" chose Trump?

Do you know there are some 40K sealed indictments in the DOJ right now....just waiting for the hammer to be dropped?

No I don't know that, and neither do you. I hadn't quite realized this before but you're nuts.

[PostmodernProphet]

WHOOSH!

/whoosh......

nobody has a right to a clearance, nor should they have a clearance unless they have an active duty that requires it........

[katzgar]

Why don’t you think poor Brennan will sue? Could it be he has no case?

He doesn’t need a security clearance.

The depth and breadth of your stupidity is stunning