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Lawfare Archive: Brad Moss on Presidential Power and Security Clearances

The Lawfare Podcast

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I Am Revoking John Brennan's Security Clearance Because He Criticized Me

The court would at least based on the past precedent would say we don't have the, not as a political question. The Civil Service Reform Act explicitly excludes security clearance actions and the court said, therefore, Congress has not given us the jurisdiction to look into this. And until such time as it does, we will not review the substance of a security clearance revocation. So it doesn't matter how brazen the president would make it in that context. He could explicitly say it was meant to chill free speech. We still don't have jurisdiction. Fascinating.

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