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Was Trump Correct in Revoking John Brennan's Security Clearance?
by Axios
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  • burrkitty
    08/16/2018
    ···

    IQ45 could claim the inherent constitutional authority to revoke the clearance eligibility of each of the individuals without any due process. There is no precedent for such an action, as no president has ever personally intervened in the clearance revocation (or approval) of an individual. That has never happened before because past presidents—whatever their flaws or scandals—knew there were certain institutional norms and customs that a president simply should not disturb. IQ45, though, is not burdened with an affinity for respecting procedural norms. He already bulldozed those norms when it came to hiring his daughter and son-in-law, refusing to place his assets in a blind trust, and refusing to disclose his tax returns. What is to stop him from running over another norm? If IQ45 were to take this unprecedented exercise of his authority, it is anyone’s guess how the courts would construe the issue. It would set up a serious clash of constitutional questions between the inherent authority of the president regarding classified information and the procedural due-process rights of clearance holders under the Fifth Amendment. I suspect that if this issue is pursued, the constitution rights of Due Process will be the winner.

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