Mark S. Zaid Profile picture
Jan 21, 2025 11 tweets 3 min read Read on X
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…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Mark S. Zaid

Mark S. Zaid Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @MarkSZaidEsq

Apr 4, 2025
1/I have now received formal notification from @DCSAgov revoking my security clearance. No substantive reason. Solely relies on Trump the Butcher's instruction. No due process permitted though memo says "consistent with existing law" which requires it.

whitehouse.gov/presidential-a…
2/I have held #securityclearance for nearly 25 years, incl having my access increased to TS/SCI in 2020 by first Trump Administration. Yet as reported I have lost access bc of 2019 representation of lawful Intelligence Community #whistleblower, i.e., for doing my job as attorney.
3/Of individuals targeted by Trump the Butcher, I am pretty much only person who actually relies upon #securityclearance for work, is non-partisan, registered Independent & reps GOP & DEM. I have been targeted simply bc I am attorney representing my clients & enforcing #RuleOfLaw
Read 9 tweets
Feb 8, 2025
1/My statement on learning through news reports that my #securityclearance has just been revoked. Image
2/I'm honored by President Trump bestowing upon me a Red Badge of Courage, but if he and his partisan minions think this will deter me from holding them accountable to the rule of law, they are sadly mistaken.
3/By existing law, I am entitled to lawful due process, to include being informed why after 25 years of access to classified information I am suddenly untrustworthy, and I fully expect to be afforded the opportunity.
Read 5 tweets
Feb 3, 2025
1/On behalf of our @FBI & @TheJusticeDept clients, my law firm & State Democracy Defenders Fund (@NormEisen) have put Govt on notice not to unlawfully terminate employees or publicize their names.

The letter reads:

nytimes.com/live/2025/02/0…
2/February 2nd, 2025

Emil Bove
Acting Deputy Attorney General
U.S. Department of Justice
Washington, D.C. 20505
VIA E-MAIL

Dear Mr. Bove:

We write to you today to express our grave concerns about the terminations of career U.S. Department of Justice prosecutors ...
3/...and Federal Bureau of Investigation agents that have already occurred including and with respect to personnel actions that are said to be scheduled to occur as early as tomorrow, February 3, 2025.

We represent individuals affected by this course of conduct.
Read 20 tweets
Feb 2, 2025
1/I understand legit debate re: #DEI & whether pendulum swung too far, too quickly.

But what happened today at @NSAGov's @NatCryptoMuseum is unacceptable. Trump Admin new DEI policy disgraces cryptological historical trailblazers & icons in community.

See two covered areas? Image
2/This is NSA's Hall of Honor. As website describes:

It was created in 1998 and "pays tribute to Americans and others who have given especially distinguished service to the United States in cryptology and its related fields."

cryptologicfoundation.org/community/cryp…
3/Hall of Honor is abt 100 people & prob 95% white males.

Covered area on left is men & people of color.

Covered area on right features women.

Items were placed in Oct 2022 & have nothing to do w/#DEI or wokeness. Reflected Museum's decision to honor those who broke barriers.
Read 6 tweets
Jan 10, 2025
1/On Friday, Jan 10th, @ODNIgov will issue new Intelligence Community Assessment (ICA) concerning #AnomalousHealthIncidents. @POTUS/WH did not ask for it. @CIA initiated it to counter recent House Intelligence Committee report that "a foreign adversary is behind some AHIs".
2/In March 2023, @ODNIgov issued ICA stating "IC’s judgment that U.S. adversaries, including Russia, were not engaged in a global campaign resulting in AHIs."



But HPSCI found it "lacked analytic integrity and was highly irregular in its formulation."dni.gov/index.php/news…
@ODNIgov 3/An IC Experts Panel earlier concluded "Pulsed electromagnetic energy, particularly in the radiofrequency range, plausibly explains the core characteristics of reported AHIs, although information gaps exist." My law firm helped secure declassification of report through #FOIA.
Read 8 tweets
Nov 16, 2023
1/THREAD - Defend Democracy Against MAGA Lawsuits

We (@JohnPhillips/@BradMossEsq) are now rep'ing Fred Wellman (@FPWellman) who has been sued for defamation by President Trump's 1st National Security Advisor #MichaelFlynn.

Please rt this widely to help.

gofundme.com/f/defend-democ…
2/Enforcement of the rule of law is an important and valuable principle in our Democracy. Unfortunately, the law can be abused as a weapon to try and intimidate those who stand up against government corruption and misconduct.
3/As part of MAGA’s efforts to silence those who challenge their actions to undermine Democracy, President Trump’s former National Security Advisor Michael Flynn, who in 2017 pled guilty to a felony count of “willfully and knowingly” making false statements to the FBI ...
Read 17 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(