Boston Herald

Trump threat against foes called ‘petty’

May pull security clearances

- By KIMBERLY ATKINS — kimberly.atkins@bostonhera­ld.com

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.

 ?? AP PHOTO ?? MADE IN THE USA: President Trump talks with Lockheed Martin CEO Marillyn Hewson and chief test pilot Alan Norman in front of an F-35 at a ‘Made in America Product Showcase’ at the White House yesterday.
AP PHOTO MADE IN THE USA: President Trump talks with Lockheed Martin CEO Marillyn Hewson and chief test pilot Alan Norman in front of an F-35 at a ‘Made in America Product Showcase’ at the White House yesterday.

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