Mark S. Zaid Profile picture
Jan 21 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…

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More from @MarkSZaidEsq

Jan 10
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
Jun 20, 2023
1/Thread abt #Grenell lawsuit against @OliviaTroye.

Today we (#TomCraig, @TMCv63, @fhhfirm) were scheduled to depose fmr Acting @ODNIgov & US Amb to Germany #RickGrenell as part of his defamation lawsuit against our GOP client #Troye.

We were there. He did not show.
2/Background info abt #Grenell’s litigation, which was filed almost year ago, can be found in this previous thread:

3/After weeks of failed attempts to negotiate mutual date, which is what professionals do, we properly issued Notice of Deposition on May 30 for today. Even though #Grenell is Plaintiff & chose VA as his venue, he does not wish to travel from CA for his deposition.
Read 16 tweets
May 18, 2023
1/THREAD ON CONGRESSIONAL INVESTIGATION INTO FBI WHISTLEBLOWER ALLEGATIONS

Both DEMS & media need to stop describing individuals as "alleged", "self-styled" or other challenging term re: #whistleblower status.

They meet definition of being #WBer.

cnn.com/2023/05/18/pol…
2/If individuals made protected disclosure to supervisor in employee’s direct chain of command, an OIG or appropriate congressional committee or its members, they are protected #whistleblowers.

Doesn't mean they are credible or accurate, but attacking status undermines system.
3/I served as co-counsel to IC #whistleblowers whose complaint led to Trump's 1st impeachment (not our objective). Cong. Jordan was hypocritically a key attacker of WBer's lawful & legitimate status. It was wrong then, it is wrong now.

rollcall.com/2019/11/19/rep…
Read 18 tweets
Mar 10, 2023
1/TICKET FOR FLASHING HEADLIGHTS, SERIOUSLY?

I will be appearing in Montgomery County Maryland District Court Monday afternoon to represent driver ticketed by @MDSP for flashing headlights at car that dangerously cut them off.

Interesting news story! @wamu885 @WTOP @semelm
2/I've been down this route before. In 2009, I was ticketed for flashing my headlights at Montgomery County speed trap. I challenged ticket as being unconstitutional & lawful.

washingtonpost.com/wp-dyn/content…
3/Ticket was dismissed. @mcpnews admitted my actions were lawful. Then Police Chief #TomManger (now @CapitolPolice Chief) personally apologized to me, which I accepted as sincere, & I dropped my plan to file lawsuit.

washingtonpost.com/wp-dyn/content…
Read 6 tweets
Mar 1, 2023
NEWS ALERT: @MarkSZaidPC reps more than 2 doz federal #AHI victims & family members. Below is our statement in response to IC Assessment findings issued today.

We already have #FOIA litigation to compel release of report & @ODNIgov must update Court by March 20th.
2/Full statement reads:

"My firm represents more than two dozen federal AHI victims from within the Intelligence, Military, Law Enforcement and Diplomatic communities who experienced incidents domestically and overseas....
3/This also includes minor children of our dedicated workforce who are also victims of these AHIs. Our representation started a decade ago.

The latest U.S. intelligence assessment lacks transparency and we continue to question the accuracy of the alleged findings....
Read 18 tweets

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