In a flurry of activity from the Trump White House yesterday, two executive orders referenced topics that rarely got presidential interest, until recent years – the security clearance process. These orders included the rescission of clearance eligibility for individuals who had signed a letter questioning the authenticity of the Hunter Biden laptop story, as well as granting interim eligibility to select presidential appointees awaiting the completion of their background investigations.
Revoking Clearance Eligibility: Who Are the 51 Individuals?
The first executive order focuses on the controversial decision to revoke the security clearance eligibility of 51 individuals, including a number of career Intelligence Community officials, as well as John Bolton, who wrote a controversial memoir following his time in office. These individuals signed a public statement in 2020 suggesting that the emergence of Hunter Biden’s laptop bore the hallmarks of Russian disinformation, though they stopped short of claiming definitive knowledge. The decision to rescind their eligibility is an unprecedented move, raising questions about the intersection of national security, public commentary, and political retaliation. Many of the officials have moved on from and out of government – including two who the EO noted are deceased – but others remain in the national security community and the move to revoke clearance eligibility could have definite impacts on livelihoods and the ability to continue supporting national security work.
The order is reminiscent of legislation proposed by Matt Gaetz in 2023 which proposed $1000 fines for anyone who disclosed their security clearance status publicly (it offered an exception for disclosures related to employment).
Interim Clearances for Presidential Appointees
The second executive order, titled “Memorandum to Resolve the Backlog of Security Clearances for Executive Office of the President,” highlights delays in onboarding executive personnel. It grants interim Top Secret/Sensitive Compartmented Information (TS/SCI) clearances to specific presidential appointees, enabling immediate access to classified facilities and technology. The memo emphasizes that these interim clearances will not exceed six months, during which the appointees are expected to undergo standard FBI background investigations.
This approach reflects the administration’s determination to expedite personnel onboarding, particularly for individuals deemed critical to advancing the president’s policy agenda. While the memo cites delays as a rationale, critics argue that the move is more about exercising the president’s constitutional authority to grant security clearances at his discretion.
Addressing the Security Clearance Backlog
While both EOs shine a spotlight on continued issues with the executive branch and career government officials, along with a desire to onboard new personnel into government quickly, their ongoing impact remains to be seen. If criticism of the current background investigation process (as identified by the issuance of interim clearances immediately for certain key personnel) turns into a broader overhaul of background investigations or the privatization of certain services, that will certainly have an impact on a greater number of the cleared population than the several dozen indicated by the memo. In the same way, while the revoking of clearances for the individuals who contributed to the Hunter Biden laptop memo may mean a temporary career setback for some of the individuals listed, the broader implications of the review that’s to come is what’s significant. The EO states that within 90 days, the Director of National Intelligence, in consultation with the CIA Director, must submit a report to the President through the National Security Advisor detailing:
- Any additional inappropriate activities within the Intelligence Community or by individuals with security clearances related to the letter signed by the 51 former intelligence officials.
- Recommendations to prevent the Intelligence Community or its personnel from improperly influencing domestic elections.
- Proposed disciplinary actions, including potential security clearance terminations, for individuals involved in inappropriate conduct connected to the letter.
All government professionals know that per the Hatch Act, government service and politics don’t mix. But by broadening criticism across the entire cleared workforce, the EO implies the current Administration plans to take a deep look at how the entire cleared community looks at, responds to, and is involved in politics or the spread of misinformation.
