Judge blocks Trump effort to yank whistleblower attorney's security clearance
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Mark Zaid, 2016. Photo: Nikki Kahn/The Washington Post via Getty Images
A federal judge on Tuesday blocked the Trump administration's effort to strip whistleblower attorney Mark Zaid's security clearance.
The big picture: Zaid, who represented a whistleblower whose complaint led to Trump's first impeachment, is one of dozens of people from whom the administration has yanked security clearances in a broader retribution campaign.
- "This is not just a victory for me, it's an indictment of the Trump administration's attempts to intimidate and silence the legal community, especially lawyers who represent people who dare to question or hold this government accountable," Zaid said in a statement given to Axios.
- Trump ordered for Zaid's clearance to be revoked in March — along with that of former Secretary of State Antony Blinken, former Vice President Kamala Harris, and several other prominent politicians and attorneys.
- The president's memo read that it was "no longer in the national interest" for those individuals "to access classified information." Zaid subsequently sued in May over what his complaint called "improper political retribution."
Driving the news: U.S. District Judge Amir Ali wrote in a Tuesday order granting Zaid's request for a preliminary injunction that Zaid is likely to succeed on First Amendment, procedural due process and right-to-counsel grounds.
- "Based on the preliminary injunction record, the court finds that Zaid's representation of whistleblowers and other clients adverse to the government was the sole reason for summarily revoking his security clearance," Ali wrote.
- He also concluded that the administration had denied Zaid the process of assessing clearances "afforded to others," and said the attorney had substantiated that his clients are being denied their chosen council as a result of the revocation.
The other side: The White House did not immediately respond to Axios' request for comment.
- The government argued in a May memo that Zaid was attempting to "force" Trump to provide national security information to someone he deemed "unfit to receive such access."
- "This Court should reject Plaintiff's request to arrogate the Executive power to itself and second guess" Trump, the government argued, adding that "whether Mr. Zaid should or should not be granted security clearance is a quintessential political question not cognizable in federal court."
Catch up quick: Trump has also used the restriction of government access to squeeze private practice law firms and former officials, including 51 individuals who signed a 2020 letter that said emails from Hunter Biden's laptop carried "classic earmarks of a Russian information operation."
- Zaid's complaint against the government said he had represented clients across the political spectrum for more than 30 years.
- "I will not be intimidated and look forward to continuing to defend the brave men and women who stand up to the unlawful retaliation of the Trump administration," Zaid said in his statement.
What's next: Ali paused his order until Jan. 13 to give the government time to weigh its next steps.
Go deeper: Trump orders investigations into 2 DHS officials from his first term
