1/President Trump just issued Executive Order to revoke #securityclearances of 51 signatories, eight of whom I rep, who signed Hunter Biden laptop letter in 2020.
But here's the problems with it:
Ignore fact that no President has ever done this before.
whitehouse.gov/presidential-a…
2/Presidents have ultimate authority concerning indiv's access to #classifiedinformation. No dispute. That's how Trump overrode multiple concerns by agencies during 1st term & granted access.
Since 50s Red Scare no Pres has punished clearance holders over 1st Amendment rights.
3/Although EO intent is to revoke all clearances, doesn't quite do that. Instructs Dir of National Intelligence, who is Executive Agent over clearances, to start revocation. Not sure why DNI needs to consult w/CIA. Accomplishes nothing. DNI controls appropriate database already.
4/To my knowledge, few of 51 even maintain current eligibility or access to classified info, but that's another story.
DNI doesn't control all clearances. Numerous agencies, like DoD, DOJ, DHS, FBI, etc., all maintain clearance eligibility for employees or contractors.
5/More importantly, by law, revoked clearances entitle individual to procedural & substantive due process. Nothing in EO overrides, or references, EO 12968, which Pres Clinton issued in 1995. Nor does EO cite applicable statutes that could relieve obligation for due process.
6/Laptop letter was properly cleared by CIA prepub review staff not to contain classified info. I handle 1st Amendment matters all the time. Signatories fulfilled their lawful obligations.
This EO implicitly threatens CIA staff for doing their job. We'll see what happens.
7/Btw, people should actually read the damn letter. It is typical DC letter by career intelligence professionals, to include attnys, so it both says everything & nothing at same time. Full of caveats. Doesn't say anything conclusive as right wing claims.
politico.com/news/2020/10/1…
8/I thought Trump 2.0 was going to be better organized & prepared than this. They had weeks. But all I see is that many, not all, of Project 2025 & other MAGA loyalists who pushed this idea have little to no understanding of how security clearance process & laws work.
END/Supreme Court ruled in 1988 that federal judges have no jurisdiction over substantive clearance decisions. But this EO actually opened door to procedural legal challenges & I will pursue those.
Might not make difference at end of day but principle & #ruleoflaw matters.
💯 The letter has been completely misrepresented. Read the darn thing before criticizing!
foxnews.com/media/trump-mi…
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