Trump threat against foes called ‘petty’
May pull security clearances
WASHINGTON — President Trump’s threat to strip security clearances of six former intelligence officials who have been critical of him may not have much practical effect — unless it leads to a constitutional challenge. In that case, the unsettled question of whether a president’s broad authority to issue and revoke security clearances and individuals’ constitutional free speech and due process rights could go to the nation’s highest court.
“The president is the ultimate classification authority,” said Bradley P. Moss, a national security attorney who specializes in security clearance law. But, so long as they are not disclosing classified information, security clearance holders’ constitutional rights are just as strong. Which right would prevail in court “is an unsettled question,” Moss said.
Without such a challenge, Trump’s threat may have little impact — except to send a message that he keeps an enemy list and is willing to punish those who criticize his presidency.
“The president doesn’t like the fact that people are politicizing agencies and departments that are specifically meant to not be political and not meant to be monetized off of security clearances,” White House spokeswoman Sarah Huckabee Sanders said yesterday.
But that, experts said, serves to do exactly what Trump charges the former officials of doing: politicizing the clearance process.
“It’s a petty thing to do,” former Director of National Intelligence James Clapper said on CNN moments after Sanders said Trump is considering pulling his clearance. Sanders said he is also considering revoking the clearances of former CIA director John Brennan, former FBI Director James Comey, former National Security Adviser Susan Rice, former CIA Director Michael V. Hayden and former FBI Deputy Director Andrew McCabe.
“He’s cheapening the sanctity of the security clearance process that had been by and large a nonpolitical concept when it comes to access to classified information,” Moss said. “Whether or not someone has the same optical views as the current occupant of the White House is not supposed to come into play.”
Trump’s threat is moot in some ways. Benjamin Wittes, a Brookings Institute fellow and close friend of Comey, said he texted the former FBI chief to ask if he still had clearance. Comey replied: “Nope.”
McCabe’s clearance was also deactivated after he was fired earlier this year.
And while not having a clearance may keep individuals from engaging in some consulting work, it does not prevent them from speaking publicly or taking other jobs including media analysis.
U.S. Sen. Rand Paul (R-Ky.) tweeted that he discussed the issue with Trump at the White House yesterday.