Donald Trump’s Wednesday announcement that he was revoking security for former CIA director John Brennan not provided a fresh demonstration of Trump’s desire to impede the Russia investigation, it also showcased how absolutely nothing said by this White House can be trusted. And, as a bonus, even Trump’s revocation might be a lie.
On February 12th, in the midst of concerns over deputy chief of staff Rob Porter’s inability to get security clearance — which seemed to be tied to Porter’s history of violence toward women — Sarah Huckabee Sanders held another of her occasional press get togethers, where she carefully explained the security process.
Reporter: Does the White House have a rule or policy regarding how long an employee is permitted to operate with an interim security clearance?
Sanders: As we’ve said, we’re not going to get into the details of how the clearance process works. … Look, this is a process that doesn’t operate within the White House. It’s handled by our law enforcement and intelligence community. And we support that process. It’s the same process that has been used for decades in previous administrations, and we’re relying on that process at this point.
I do think that it’s up to those same law enforcement and intelligence agencies to determine if changes need to be made to their process.
When the question was about Porter getting clearance, Sanders was happy to say that the White House “doesn’t operate” the process and that any policy changes should be up to the intelligence agencies. And yet, in the statement on Brennan issued on Wednesday,
Trump: As the head of the executive branch and Commander in Chief, I have a unique, Constitutional responsibility to protect the Nation’s classified information, including by controlling access to it. Today, in fulfilling that responsibility, I have decided to revoke the security clearance of John Brennan, former Director of the Central Intelligence Agency (CIA).
No surprise. When handing out security passes was an embarrassment, Trump had nothing to do with it. When he thought it would help obstruct the Russia investigation, the power was his, all his.
Except, he’s wrong about that.
Trump does have the ability to revoke Brennan’s clearance, but he can’t do it by royal decree. And the reason is … Clinton. Specifically an Executive Order issued by President Bill Clinton in 1995.
This order establishes a uniform Federal personnel security program for employees who will be considered for initial or continued access to classified information.
That order, updated in 2008 by George W. Bush, but in effect a series of processes and procedures for determining who got security clearance and how it was obtained. It also put in effect a set of procedures for revoking clearance.
Under Section 5.2 of that Order, the first step in revoking security clearance is that the person whose clearance is being revoked be provided:
“as comprehensive and detailed a written explanation of the basis for that conclusion as the national security interests of the United States and other applicable law permit”
But John Brennan wasn’t provided with any such explanation. In fact, he was given nothing at all. He only found about Trump’s statement when a friend called him to deliver the news. The Order also requires that within 30 days, this “comprehensive” written explanation be made available to the public.
Under the provisions of Section 5.2, someone whose clearance is being revoked also has to be “informed of their right to be represented by counsel” in the process of fighting a revocation, and and to demand any reports or other information on which a revocation is based. That information is to be “promptly provided.”
Of course, Trump could change the proceedings by issuing another executive order. But … he didn’t. He also didn’t bother to compile the required comprehensive explanation of why Brennan should lose his clearance. Trump was simply lying about the White House’s connection to security clearance when it comes to Porter, lying again when it comes to Brennan, and ignoring proper procedure in both cases.
And because he didn’t follow procedures, it’s not clear that Trump’s statement from Wednesday does anything at all — except act as another in the long list of ways Trump has attempted to revenge himself on people he disagrees with and a textbook example of his attempt to obstruct the Russia investigation by any means.