Revoking security clearances for access to classified information in order to punish critics, as the White House proposed to do yesterday, is probably within the President’s authority. But it shouldn’t be. And there is, in principle, a way to prevent it.
“Not only is the President looking to take away [former CIA director John] Brennan’s security clearance, he’s also looking into the clearances of Comey, Clapper, Hayden, Rice, and McCabe,” said White House press secretary Sarah Sanders. “The President is exploring the mechanisms to remove security clearance because they’ve politicized and, in some cases, monetized their public service and security clearances.” (Comey and McCabe, it turns out, no longer hold security clearances.)
“Making baseless accusations of improper contact with Russia or being influenced by Russia against the President is extremely inappropriate,” she said. “And the fact that people with security clearances are making these baseless charges provides inappropriate legitimacy to accusations with zero evidence.”
In fact, making baseless accusations (let alone well-founded accusations) is not normally grounds for denial or revocation of a security clearance.
But in the wake of a 1988 Supreme Court case known as Navy v. Egan, it is often presumed that the President can grant, deny or revoke a security clearance for any reason or for no reason at all.
Yet that is not exactly correct, as Louis Fisher explained in a 2009 paper for the Law Library of Congress.
While the Court in Egan affirmed deference to the executive branch in matters of national security, even there such deference was not absolute and it was explicitly constrained by the possibility of legislative action (“unless Congress specifically has provided otherwise”).
“Nothing in Egan recognizes a plenary or exclusive power on the part of the President over classified information,” Fisher concluded. See Judicial Interpretations of Egan by Louis Fisher, The Law Library of Congress, November 13, 2009.
It follows that if Congress disapproved of the use of the security clearance system to regulate or suppress critical commentary, then it — or perhaps a new Congress — could effectively prohibit such use.
These ideas aim to advance the detailed policy solutions needed to foster public trust and implement fairness in the adoption of AI across diverse domains, from healthcare and government benefits to rural access, education, and worker protections.
The evidence is clear: algorithmic pay-setting is established in app-based work, and payroll/timekeeping failures show how software can produce systemic wage harm at scale
While a few states have taken steps to implement decision-making mechanisms for certain AI systems, too many leaders are simply accepting narratives about AI’s purported public benefit at face value – jumping to the “how” of AI implementation before thoroughly vetting potential systems and deciding whether they are appropriate to use at all.
When properly structured — with specific numeric targets, secured financial obligations, independent monitoring, and meaningful enforcement — CBAs transform data center deals into durable community partnerships.