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TBA

(825 posts)
Mon Dec 5, 2016, 03:13 PM Dec 2016

Oh Holy Sh*t - I did not know this


And in any case, experts point out, the President has broad authority to grant security clearances -- even to those with legal challenges.

"Ultimately the President has the final say," Sean Bigley, a security clearance lawyer and former government background investigator told CNN.

He noted that the Supreme Court determined in 1988 that the final authority to bestow security clearances lies with the President.

From this:
http://www.cnn.com/2016/11/28/politics/petraeus-secretary-of-state-trump/
29 replies = new reply since forum marked as read
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Oh Holy Sh*t - I did not know this (Original Post) TBA Dec 2016 OP
Yep. Generally anything national security related, the President has the power to do. nt stevenleser Dec 2016 #1
fuck, we are so fucked Fast Walker 52 Dec 2016 #2
Is there some reason you believe the cabinet has the authority Ms. Toad Dec 2016 #8
the 25th amendment Fast Walker 52 Dec 2016 #11
Yes and no. Ms. Toad Dec 2016 #22
It's a permanent fix if 2/3rds of the House and Senate go along with it. n/t PoliticAverse Dec 2016 #28
Are you suggesting they don't? jberryhill Dec 2016 #14
over and over. Ms. Toad Dec 2016 #21
No jberryhill Dec 2016 #23
You may be right. Ms. Toad Dec 2016 #25
They did get pretty specific in the 25th amendment. Congress clearly has the final say... PoliticAverse Dec 2016 #27
Yup. Bigley. Sean Bigley. lagomorph777 Dec 2016 #15
I think we need to understand that traditional alliances and world partners are out the window Eliot Rosewater Dec 2016 #3
true heaven05 Dec 2016 #5
we are hurtling towards chaos Fast Walker 52 Dec 2016 #12
We live in Interesting Times, all right...and welcome to DU... First Speaker Dec 2016 #26
It's the "Chief" part of being "Commander in Chief" FarCenter Dec 2016 #4
Yep. Tis true. Solly Mack Dec 2016 #6
Yep, for gwb the code word for his transition clearance crew was Yankee White NightWatcher Dec 2016 #7
Above Top Secret Clearance hurple Dec 2016 #9
Sean Bigley? Atman Dec 2016 #10
I was told that trump doesn't even get a basic security clearance like all immigrants have to. Sunlei Dec 2016 #13
I'm thinking one wrong move on this and DT Ilsa Dec 2016 #16
He already has enemies in the CIA. I read that the CIA octoberlib Dec 2016 #17
Wow. You know, it's one thing for Ilsa Dec 2016 #18
Where did you "read" that? former9thward Dec 2016 #19
I'm trying to find it. It was a couple months ago. octoberlib Dec 2016 #20
Tours of military facilities for Putin and the Russians, then? n/t Buckeye_Democrat Dec 2016 #24
Ya think Putin will use his "Bare Chested Man on Horse" for his clearance badge pic? n/t CincyDem Dec 2016 #29
 

Fast Walker 52

(7,723 posts)
2. fuck, we are so fucked
Mon Dec 5, 2016, 03:16 PM
Dec 2016

pretty soon Trump will be tweeting national security info and there's nothing we can do about it, though I suppose his cabinet could vote to remove him if he is deranged enough

 

jberryhill

(62,444 posts)
14. Are you suggesting they don't?
Mon Dec 5, 2016, 05:50 PM
Dec 2016

As noted above, under the 25th Amendment, the Cabinet can declare the president is unable to perform his/her duties and, yes, the notion that he/she is nuts was part of the thinking.

If the president disagrees, it eventually ends up for Congress to decide.

Ms. Toad

(34,055 posts)
21. over and over.
Mon Dec 5, 2016, 09:28 PM
Dec 2016

It's not a permanent removal unless he is unable to object to it. He can keep declaring he isn't incapacitated and the battle starts again, and again . . .

 

jberryhill

(62,444 posts)
23. No
Mon Dec 5, 2016, 09:33 PM
Dec 2016

If Congress agrees, he's done. You have to read to the end. Eventually, if Congress... "determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President."

It's not an endless loop.

Ms. Toad

(34,055 posts)
25. You may be right.
Tue Dec 6, 2016, 12:07 AM
Dec 2016

Not an area of the constitution I've spent much time with.

But, assuming you're correct we get President Pence - which is worse.

PoliticAverse

(26,366 posts)
27. They did get pretty specific in the 25th amendment. Congress clearly has the final say...
Tue Dec 6, 2016, 12:16 AM
Dec 2016

From: http://constitution.findlaw.com/amendment25.html

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Eliot Rosewater

(31,109 posts)
3. I think we need to understand that traditional alliances and world partners are out the window
Mon Dec 5, 2016, 03:17 PM
Dec 2016

as of inauguration day.

As absurd as this sounds, we will no longer be friends to who we were friends to or enemies to who we were. This is so tumultuous and of course dumb that it will cause irreversible and severe harm everywhere.

When I say "this" I mean broadly the existence of a Trump White House. Some ignorant, uninformed people in America are cheering this election but they have no earthly clue what is about to happen to them.

First Speaker

(4,858 posts)
26. We live in Interesting Times, all right...and welcome to DU...
Tue Dec 6, 2016, 12:14 AM
Dec 2016

...for what it's worth, I have over 3,000 old SF paperbacks and magazines...

Solly Mack

(90,762 posts)
6. Yep. Tis true.
Mon Dec 5, 2016, 03:36 PM
Dec 2016

Now, why a President would want to give a security clearance to someone with a security breach conviction is another question.

The thinking behind the determination is a show of a pressing need for a particular person needed for a particular job/reason. But there is no pressing need for Petraeus to have the SoS job. To my thinking, anyway.

If a president wants someone who has shown they can't be trusted with classified material then you have to wonder what that president is up to.

NightWatcher

(39,343 posts)
7. Yep, for gwb the code word for his transition clearance crew was Yankee White
Mon Dec 5, 2016, 03:48 PM
Dec 2016

Typically it meant those people needed higher scrutiny but they could be bypassed with what was nicknamed "immaculate clear". For those doing the backgrounds it signified that they were getting their clearance either way, even if there was a body in the backyard (as long as the right person signed off).

If trump vouched for them, the background will likely not even be investigated other than a National Agency Check (state/fed Check to see if currently wanted or warrant)

Sunlei

(22,651 posts)
13. I was told that trump doesn't even get a basic security clearance like all immigrants have to.
Mon Dec 5, 2016, 04:41 PM
Dec 2016

Republicans are responsible.

Ilsa

(61,690 posts)
16. I'm thinking one wrong move on this and DT
Mon Dec 5, 2016, 08:51 PM
Dec 2016

will make some enemies in the CIA. I wouldn't want enemies in the CIA.

octoberlib

(14,971 posts)
17. He already has enemies in the CIA. I read that the CIA
Mon Dec 5, 2016, 08:56 PM
Dec 2016

had to scramble to find agents who were willing to do his security briefing. Most of them refused.

Ilsa

(61,690 posts)
18. Wow. You know, it's one thing for
Mon Dec 5, 2016, 09:03 PM
Dec 2016

Agents to refuse to work with him, but it's a big leap to get a few of them pissed off enough to plan something to get rid of a person they see as a dangerous, loudmouthed traitor in Putin's pocket.

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