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can the president revoke someone’s security clearance

can the president revoke someone’s security clearance插图

Can trump revoke security clearances of former officials?

White House Press Secretary Sarah Huckabee Sanders’s announcement that President Trump is reviewing potential mechanisms by which to revoke the security clearances of several former senior government officials has—not surprisingly—set off a cascade of questions over if and how the president can accomplish this.

How does the president decide who gets a security clearance?

The entire process of granting, denying or revoking someone’s security clearance is derived from the president’s Article II authority as commander in chief. The president is the ultimate classifier of information and, at least in theory, the ultimate decider on who is granted access to classified information.

Do Supreme Court justices have security clearances?

“Security clearances are not mandated for the President, Vice President, Members of Congress, Supreme Court Justices, or other constitutional officers,” a recent Congressional Research Service report explains. “The criteria for election or appointment to these positions are specified in the U. S.

What are the guidelines for revoking a security clearance?

– ClearanceJobs What are the Guidelines for Revoking a Security Clearance? A security clearance may be revoked at any time. There are 13 guidelines that are common to all agencies of the federal government that are used to determine eligibility for a clearance and to determine if an existing clearance ought to be revoked.

What is the exception to Executive Order 12968?

Not too surprisingly, the appeals procedures outlined in Executive Order 12968 contain a “national security” exception that permits an agency to sidestep the procedural requirements of the order. Section 5.2 (e) of the order permits an agency to revoke someone’s security clearance without appeal rights if, but only if, the agency head states in writing that those procedures cannot be invoked in a manner that is consistent with national security.

What is the executive order for revoked security clearance?

The operative document on security clearance determinations, including appeal rights afforded to individuals whose security clearances are denied or revoked, is Executive Order 12968 (as amended). That order outlines the procedures by which the executive branch agencies identify who requires a security clearance, the standards for investigating an individual’s background and the mechanisms by which individuals can seek administrative relief if an adverse security determination is made.

Does the judiciary have a role in security clearance?

The judiciary has largely concluded that, with limited exception, the courts have no role to play in the security clearance arena. The Supreme Court infamously ruled in Dep’t of Navy v. Egan that Congress had not afforded it the jurisdictional authority to review the substantive merits of a security clearance determination. In subsequent years the courts have uniformly relied upon dicta from the Egan ruling to state that the judiciary has no role at all in the substance of security clearance determinations.

Why did Jared Kushner edit his security clearance?

Jared Kushner just edited his security clearance forms in desperate attempt to save his skin

What is a concern in a security case?

1) The Concern is a simple statement that sets forth the concerns the security community has about each Adjudicative Guideline. 2) The Potentially Disqualifying Conditions are conditions that, if present in the applicant’s life, may potentially disqualify him or her for eligibility or access. 3) The Mitigating Factors are used by adjudicators …

What is the adjudication process?

The adjudication process is the careful weighing of a number of variables known as the whole-person concept. All available, reliable information about the person, past and present, favorable and unfavorable, is considered in reaching a clearance determination. Each Guideline is comprised of three parts: 1) the Concern, …

What are the mitigation factors?

3) The Mitigating Factors are used by adjudicators to balance against the Potentially Disqualifying Conditions. The Mitigating Factors consist of conditions that, if present in the applicant’s life, may cancel or lessen the severity of the Potentially Disqualifying Conditions. One of the best ways to understand the guidelines for revoking …

What is criminal sexual behavior?

Criminal sexual behavior, sex addiction, sexual behavior that suggests a “lack of discretion or judgment.”. Refusing to cooperate with the clearance investigation, refusing to complete requested paperwork, refusing testing. Associating with known criminals, adverse reports from past employers, neighbors or friends.

How many guidelines are there for a clearance?

There are 13 guidelines that are common to all agencies of the federal government that are used to determine eligibility for a clearance and to determine if an existing clearance ought to be revoked. There is an appeals process which varies with the employment status of the individual. The Defense Security Service has this to say about …

What is dual citizenship?

Dual citizenship, service in a foreign military, accepting benefits such as scholarships or retirement benefits from a foreign country.

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