originally posted by: carewemust
a reply to: LSU2018
..... I remember how the Media forced the White House to take away Donald Trump Jr's, and Jared Kushner's security clearances, for being guilty of
something, before they were proved innocent.
You clearly remember that? I hate to be the bearer of bad news, but you're having another attack of paranoid delusions. You may want to talk to your
doctor about having your medication dosages adjusted.
Here's what actually happened.
Don Jr. was never put up for a security clearance because he has never had a government position that would justify one. During the transition, the
compromise that Trump Sr. reached for dealing with potential conflict of interest issues with his business empire was to step back from day-to-day
management of it and turn it over to Eric and Don Jr.
On the other hand, he did want Jared to be part of his government team, so he had the White House personnel office create a position for him as a
senior advisor. The position description presumably carried with it a requirement for access to classified information. As is common with that kind
of position, the requirement was for a Top Secret/Sensitive Compartmented Information (TS/SCI) clearance. So the White House personnel office started
the process of obtaining those clearances for Jared.
During my career with the government, I held both of those clearances (and others, as well) and each time I got a new clearance, my security officer
would explain to me the process of obtaining it and the laws behind it. So I am speaking from personal experience.
When an individual who doesn't have a security clearance is hired into a position that requires one, that individual immediately begins the process
of obtaining one. Continued employment is made conditional on the individual being able to attain a clearance and keep it.
"Executive Order 10450, “Security Requirements for Government Employment,” 18 Federal Register 2489, was issued by President Eisenhower on April
27, 1953. E.O. 10450 established that “the appointment of each civilian officer or employee in any department or agency of the government shall be
made subject to investigation.” While E.O. 10450 has been amended by subsequent executive orders, it has never been revoked and remains in
effect."
(From
fas.org...)
The first step is to fill out a very long and detailed statement of personal history, employment record, criminal history, etc., etc. (Standard Form
86). Investigating agencies then take the information on the form and begin prowling through the applicant's life, looking for any possible
derogatory information that might cast doubt on the reliability of the individual. That process can take anywhere from weeks to months to years,
depending on a whole range of variables. For senior personnel in the executive branch, they generally take special steps to expedite the process. In
the mean time, Jared was apparently given a temporary TS/SCI clearance at the President's direction, while waiting for the final clearances to be
granted, after the background investigations were completed. Granting temporary clearances is not illegal or necessarily uncommon.
However, according to news reports Jared had to go back and amend his Standard Form 86 three or four times in the following months because he left out
or was dishonest about some information which was immediately detected by the investigators. According to Intelligence Community guidelines 704.1,
retaining a temporary TS/SCI clearance requires there to be no unfavorable elements in the SF86 review:
www.dni.gov...
So John Kelly,White House chief of staff, following standard policy, downgraded Jared's clearance to interim Secret, which automatically removed his
access to SCI. After a few months, Trump overruled that decision and ordered John Kelly to grant Jared a permanent TS, which Kelly did and documented
in a memo for the record.
www.courthousenews.com...
Now, the authority to create and control information classified at the Confidential/Secret/Top Secret levels is considered to flow directly to the
POTUS from his constitutional offices of Chief Diplomat and Commander in Chief. It has been that way from George Washington to the current President.
The POTUS can grant clearances at any of those levels to anyone he wants to. He can grant that clearance even if the background investigation turns up
derogatory information. So Trump Sr. was within his authority to grant a TS clearance to Jared, even though Jared did not meet the standards that
would apply so someone who is not a member of Trump's family.
www.theguardian.com...
However, the POTUS does not have exclusive authority to adjudicate access to SCI; under the National Security Act of 1947 and other laws, he is
supposed to get the approval of the DNI, and the DNI at the time was Dan Coats. Coats said publicly in 2018 that he thought the White House should not
be giving complete access to the most sensitive information to Jared.
In any case, Kushner did not have any clearances taken away by the media. His clearance was downgraded at one point by chief of staff Kelly because
his background investigation reportedly turned up derogatory information, and Kelly followed IC Policy Guidance, exactly as he should have. That was
until Trump intervened and ordered that Kushner be granted a final TS. Since the derogatory information revealed in Jared's background investigation
was never resolved (whatever it was) the DNI would not have recommended he be given SCI access again, once his TS clearance was restored.
As far as I know, that's where it stands. Kushner has a final TS clearance because Trump could do that on his own authority, but I don't think he has
an SCI clearance. Of course the White House has refused to release any information that would clarify this, so Jared has not been proven innocent or
guilty of anything.