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On Senate Floor, Warner Warns Trump: Stop Abusing Security Clearance Process to Punish Critics
Aug 21 2018
WASHINGTON — Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, spoke on the floor of the U.S. Senate in support of an amendment he introduced to the defense appropriations bill that would prohibit President Trump from abusing the security clearance process to punish his critics. In his speech, Sen. Warner warned against politicizing national security institutions by revoking security clearances solely for political purposes.
“This is a truly dangerous precedent. For the first time since President Eisenhower created the security clearance process as we know it, the President of the United States is abusing one of our most important national security tools to punish his political opponents,” said Sen. Warner on the Senate floor. “But perhaps even more troubling is the message this President is sending to those currently in government service: Think twice before working on anything that this President doesn’t like. Think twice before you express a political opinion, even in private.”
This week, Sen. Warner offered an amendment to the defense appropriations bill currently under debate on the Senate floor prohibiting the use of federal funds to revoke an individual’s security clearance, except in accordance with Part 147 of title 32, Code of Federal Regulations, and Executive Orders 12968 and 13467 as in effect on August 15, 2018 – the day President Trump revoked John Brennan’s security clearance. Text of the amendment is available here.
Sen. Warner also noted that this practice was a clear attempt by the Trump Administration to undermine the ongoing criminal investigation into Russian interference in the 2016 election, which has already resulted in 5 guilty pleas and 35 indictments. He urged the Senate to “take a stand” against attempts to punish political speech or to threaten national security professionals by arbitrarily taking away their security clearances.
“We currently have in place real and prudent guidelines for issuing and revoking clearances, guidelines that are based on national security and not on political considerations. We cannot allow those to be supplanted by crass partisanship or attempts to punish the President’s enemies. We have come too far from the days of Watergate to allow this type of partisan attack against career professionals who have faithfully served our nation with honor and dignity. We should demand better from our President,” said Sen. Warner.
Below is the full text of his remarks as prepared for delivery.
Mr. President, I rise to offer an amendment that would make sure security clearances are revoked only for valid national security reasons.
Not to change the subject on a bad news day…
Not to threaten career government employees…
And especially not to carry out political retribution.
Mr. President, Virginia is home to tens of thousands of dedicated men and women who serve in our intelligence and defense communities.
Over the years, as Senator and Vice Chairman of the Intelligence Committee, I have met literally thousands of FBI agents, CIA officers, military servicemembers, contractors, and other public servants who hold security clearances.
These men and women work day in and day out, often thanklessly, to keep Americans safe.
And you know what? I have no idea who among them are Democrats or Republicans.
That’s the way our system is supposed to work.
The federal government grants security clearances only to those individuals who can be trusted with our nation’s secrets.
Applicants go through intense, lengthy background checks, interviews, and even lie detector tests. Not to mention extensive rechecks for suitability every few years.
Only then do we allow them to serve in some of the toughest intelligence and national security jobs.
Mr. President, we ask a great deal of these dedicated professionals. But what we do not ask about are their political views.
Since the mid-1990s, the Code of Federal Regulations has governed the 13 criteria under which personnel are deemed eligible or ineligible for a security clearance and access to classified information.
These include allegiance to the United States, foreign influence, financial considerations, and others.
None of these criteria include political speech, nor should they. Our national security is too important to infect with political partisanship.
I believe that more than ever in light of the President’s actions last week — when this President revoked the clearance of Director Brennan and threatened to revoke the clearances of numerous former, and even current, national security professionals.
These individuals collectively have hundreds of years of honorable service to our country under their belts. No one can seriously question their fitness or loyalty to this country.
Unfortunately, we all know what this is really about. It’s about politics.
According to media reports, White House officials have discussed how to issue the revocations to distract from bad news stories. I hope those reports are mistaken.
But true or not, we need only to listen to the words of this President to know these efforts are politically motivated.
I’ll admit I missed the widely publicized press event where the White House announced the President’s “enemies list.” But anyone who looks at this list will notice some common factors.
They all served in the previous administration, and in the time since, several have exercised their First Amendment right to criticize the President or his policies.
Many of those on the list have also had some involvement in the investigation into Russia’s assault on our democracy in 2016. And for that, they are now being punished by this President and this White House.
In the President’s own words: “These people led it…so I think it’s something that had to be done.”
This is a truly dangerous precedent. For the first time since President Eisenhower created the security clearance process as we know it, the President of the United States is abusing one of our most important national security tools to punish his political opponents.
But perhaps even more troubling is the message this President is sending to those currently in government service:
Think twice before working on anything that this President doesn’t like.
Think twice before you express a political opinion, even in private.
The White House broadcast this message loud and clear when it threatened to revoke the clearance of a mid-level employee of the Department of Justice.
Mr. President, this is a clear attempt at intimidating others in the bureaucracy. And if the President is successful in revoking this first wave of clearances, there is no question it will threaten the ongoing Russia investigation — an investigation that has already resulted in 5 guilty pleas and 35 indictments, and just today, the conviction of the President’s campaign manager.
Unfortunately, the President’s actions don’t just harm the individuals involved—these tactics threaten our national security institutions themselves.
The Pentagon, the IC, the FBI, the Department of Justice, and the rest of our national security structures depend on seasoned career professionals who do not act out of partisan motivations.
Threatening their clearances threatens their livelihoods and their families.
This is a clear attempt at undermining an ongoing and legitimate criminal investigation into what Russia did in 2016.
And, if successful, the President’s actions threaten to politicize our national security institutions — even more so than he already has.
The President has significant authorities as head of the executive branch. But there is widespread agreement that he should not be able to use these powers to get “payback” against Americans who criticize him.
We all agree that no President should be able to order the IRS to audit political enemies.
And we all agree that no President should be able to order wiretaps against those who displease him.
We should all agree that a President should not have the power to remove clearances for reasons that have nothing to do with national security – certainly not because an individual exercises his or her right to free speech.
Mr. President, I ask my colleagues to support the Warner amendment. I ask the majority leader to make sure this amendment gets a fair vote up or down on the floor of the Senate, because the Senate must take a stand against any attempts to punish political speech or to threaten our national security professionals by arbitrarily taking away their security clearances.
We currently have in place real and prudent guidelines for issuing and revoking clearances, guidelines that are based on national security and not on political considerations.
We cannot allow those to be supplanted by crass partisanship or attempts to punish the President’s enemies.
We have come too far from the days of Watergate to allow this type of partisan attack against career professionals who have faithfully served our nation with honor and dignity.
We should demand better from our President.
Thank you, I yield back.
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