Panetta: Trump may not have authority to revoke Brennan's security clearance

[highplainsdem]

Source: The Hill

Former CIA director Leon Panetta on Sunday suggested that President Trump might not have had the authority to revoke ex-CIA director John Brennan’s security clearance.

Panetta, appearing on CBS’s “Face the Nation,” pointed to Executive Order 12968, an order signed by President Clinton and updated by President George W. Bush.

“I think there are questions raised as to whether or not this president has followed the executive order, and whether or not he’s provided due process to those that are going to have their security clearances provoked,” Panetta said.

Panetta added that Trump is required to abide by the executive order “unless he’s prepared to change it.”

-snip-

Read more: http://thehill.com/homenews/sunday-talk-shows/402528-ex-cia-director-leon-panetta-trump-may-not-have-authority-to

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Link to that executive order:

https://www.dni.gov/index.php/ic-legal-reference-book/executive-order-12968

[Iliyah]

1. And if he changes it to fit his

criteria and although it obvious to most USA's citizens of the actual "witch hunt" is perpetrated towards his opponents, then will the GOP congress do something. My answer is no.

[Scarsdale]

2. On "Meet the Press"

today, Bolton said the idea of revoking security clearances came from Rand Paul. I wonder if it was first suggested by Russia when Paul was there??

[dawg day]

7. Good catch!

It was a weird spectacle, the supposed "libertarian" Rand Paul kowtowing to someone who actually jails and kills people trying to exercise their civil liberties. Could that really somehow be common among supposed libertarians, that they really want a strongman?

I don't get it. It's like everyone in the GOP who used to pretend hard they had some "ideology" or "principles" now are happily just saying they only care about Trump and what he wants.

[alwaysinasnit]

27. I don't think that this Russian sympathy began with Rand Paul, rather it may have started with his

dad, Ron Paul.

https://www.theatlantic.com/politics/archive/2014/07/ron-paul-is-putins-new-best-friend/439533/

[Cracklin Charlie]

9. This clue might need it's own OP.

[Brother Buzz]

12. Wasn't Brennan already on the short list for security clearance revocation before Paul's trip?

I really don't know, but I could believe Bolton dropped that nugget in a weak sauce attempt to deflect blame and muddy the water.

[Jarqui]

14. Didn't someone post a tweet on here in Russian that

listed those who were under WH review for security clearance and was posted 2 days before Sarah H Sanders press briefing in July?

[Brother Buzz]

16. That made for a great story, but after the smoke cleared, we discovered....

The White House released the list a day or two before that Russian started tweeting about it.

[Jarqui]

17. Thanks for taking the time to tell me that

I searched for the original post before I posted but couldn't turn it up

[Brother Buzz]

24. Here's one of a couple of DU threads:

https://upload.democraticunderground.com/100211009266#post2

[Jarqui]

25. Looks like he may have heard it on FOX News but

Link to tweet

His original post time of 12:34 PM - 23 Jul 2018 is very early in this story ... 2 days before the WaPo story link date of July 25 and seemingly before the NYT story of the day before. They claim he may have heard it as chatter on FOX News.

So it is not as clear cut as they may suggest in that tweet

[Achilleaze]

13. Very likely the republicans are submissively following russian dictates

as they giddily sell-out American security & honor.

[dchill]

22. After they're kompromatted, what else can they do...

Other than come clean, that is.

[totodeinhere]

20. Both Rand and his father Ron have been working for the Russians for a long time IMO.

I don't have proof but their actions make me believe this.

[redstatebluegirl]

3. He has no problem reversing an executive order that Clinton or any Democrat was involved in.

[Grasswire2]

5. yeah, but force him to do it. Force him to follow procedure and not just govern by fiat. nt

[strangedaysindeed]

4. Two days before !

Putin pal Artem Klyushin tweeted out list of security clearances to be revoked 2 days before WH memo:

https://www.democraticunderground.com/100211007967

[saidsimplesimon]

6. Let's take it to "Rule of Law".

Let's file charges and fight these monsters. Make it a non-partisan effort.

[SCVDem]

8. Ex Post Facto

Wouldn't that apply?

Laws can't be retroactive.

[demsocialist]

10. If I remember correctly....

All ex-CIA directors get morning intelligence briefings. Even George HW

[The Liberal Lion]

11. Why do we keep acting like this man (the orange anus)

is a man constrained by rules? Clearly this is a person (trump) who can give zero flying fucks about the rules. Who gives a shit really whether trump "exceeded" his authority? His whole tenure so far in the White House is based on a fraud. It's time we started acting accordingly. This man IS NOT the President. Our constitutional republic has been usurped, our duly elected President refuses to claim her title and all the old rules no longer matter. What we do know is not to save the republic, that's all ready be destroyed. Our actions now must be with the goal of RESTORING the republic and creating something even better. We are wasting our time believing and acting like we still have a republic that can be saved.

[KY_EnviroGuy]

15. Foundational Law

(snip from the EO 13467)

PART 7—GENERAL PROVISIONS

Sec. 7.1. Classified Information Procedures Act. Nothing in this order is intended to alter the procedures established under the Classified Information Procedures Act (18 U.S.C. App. §1).

Classified Information Procedures Act (1980) - PDF

See: https://www.gpo.gov/fdsys/pkg/STATUTE-94/pdf/STATUTE-94-Pg2025.pdf

And for a good overview: https://en.wikipedia.org/wiki/Classified_Information_Procedures_Act
(scroll down to see list of relevant Executive Orders)

...........

[0rganism]

18. too late. the vast majority already believes he does have the authority and used it on Brennan

Brennan may be able to get his clearance back eventually, but for now Trump will go around bragging that he nailed a backstabbing leaker and his rabid fan base will cheer him on. by the time Brennan gets his clearance back, all required damage will be done.

thanks, Putin.

[Iliyah]

28. Hopefully Brennan will file suit in this matter.

As shithole has the authority to revoke security clearances, the reason behind said revoking was a misuse of power. Basically he revoked Brennan's clearance because 1) Russia's investigation; 2) opposition to t-rump's viewpoint; 3) vengeance, and probably much more.

A president should not be able to revoke security clearances because that person disagrees with him. First Amendment comes to mind.

Brennan would never put the security of the United States of America in jeopardy. Shithole would and have.

[dweller]

19. 2 observations

wasn't Warner introducing a bill to block further revocations of security clearances (which may go nowhere I realize)

and if Hair Twitler has broken any law in this instance since he did not abide by executive order ?

🤔

[Wwcd]

26. Yes He said exactly that on Friday. Warner will introduce a bill this coming week.

https://www.democraticunderground.com/100211014191

[Iliyah]

29. McTurtle has disappeared.

He will of course pop his head from his shell and said no the even bringing the bill for discussion and vote.

Anywho, the GOP congress has been compromised.

[totodeinhere]

21. Look for Trump to reverse that executive order now that Panetta has pointed this out.

n/t

[aeromanKC]

23. Ex Post Facto and Bill of Attainder comes to mind

From my 8th Grade Civics class. That was a long time ago. But from a lay person, they seem to apply.

[Bonheur]

30. "Unless he's prepared to change it."

Who here believes that he isn't? If necessary, he'll just revoke the EO and then revoke the security clearance again.

[PuraVidaDreamin]

31. Nice questions to ask Judge Kavanaugh

Can be drafted around the questions raised here- especially if
Brennan decides to take legal action.

[ck4829]

32. K&R