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Jared Kushner and Kelly on the South Lawn of the White House, Aug. 3, 2017. Photo: Brendan Smialowski/AFP via Getty Images

On Feb. 23, 2018, White House counsel Don McGahn sent a two-page memo to Chief of Staff John Kelly arguing that Jared Kushner's security clearance needed to be downgraded, the New York Times' Michael Schmidt reports in his forthcoming book, "Donald Trump v. The United States."

Driving the news: Schmidt reports directly from the confidential McGahn memo for the first time, describing how Kelly had serious concerns about granting Kushner a top-secret clearance in response to a briefing he had received related to the routine FBI investigation into Kushner’s background.

  • "The information you were briefed on one week ago and subsequently relayed to me, raises serious additional concerns about whether this individual ought to retain a top security clearance until such issues can be investigated and resolved," McGahn wrote in the memo to Kelly.
  • The details of the highly sensitive intelligence that raised alarms with Kelly are not revealed in the McGahn memo or in Schmidt's book.
  • McGahn wrote that he had been unable to receive the briefing or "access this highly compartmented information directly" about Kushner, Schmidt reports.
  • "Interim secret is the highest clearance that I can concur until further information is received," McGahn concluded, referring to the level of classified information Kushner would be able to access.

Between the lines: "By reducing Kushner's clearance from top secret to secret, McGahn and Kelly had restricted Kushner's access to the PDB, the closely held rundown provided by the intelligence community six days a week for the president and his top aides, and other highly sensitive intelligence that exposed sources and methods."

  • "McGahn did note that there was a possibility that when the background check was complete, it could be resolved in Kushner's favor, or there could be a recommendation that he not receive a clearance," Schmidt writes.
  • "McGahn conceded [in the memo] that Trump could if he chose simply disregard any security concerns and circumvent any standard procedures and grant Kushner the security clearance himself."

The bottom line: President Trump ultimately intervened to ensure Kushner got his top-secret security clearance.

  • Schmidt reviewed more than 1,000 pages of federal government documents that have not been previously reported on. These include sensitive materials from Mueller's office, former White House Chief of Staff John Kelly's office, the White House counsel's office, the president's legal team and the FBI.

The White House, Kelly and McGahn did not respond to requests for comment.

Go deeper

Government watchdog sues Trump, Kushner and WH to prevent records being destroyed

President Trump. Photo: Erin Schaff/Pool/Getty Images

A government watchdog group filed a lawsuit against President Trump, his son-in-law Jared Kushner and the White House on Tuesday to prevent them from destroying records during his remaining time in office.

Why it matters: The Citizens for Responsibility and Ethics in Washington (CREW) and other groups allege in their suit, filed in the U.S. District Court for the District of Columbia, that Trump and his administration are violating the Presidential Records Act by failing to properly preserve records of official government business.

Neera Tanden withdraws nomination for Office of Management and Budget director

Neera Tanden testifying before the Senate Budget Committee in Washington, D.C., in February 2021. Photo: Anna Moneymaker/The New York Times/Bloomberg via Getty Images

Neera Tanden withdrew her name from nomination to lead the Office of Management and Budget after several senators voiced opposition and concern about her qualifications and past combative tweets, President Biden announced Tuesday.

Why it matters: Tanden’s decision to pull her nomination marks Biden's first setback in filling out his Cabinet with a thin Democratic majority in the Senate.

What's ahead for the newest female CEOs

Jane Fraser (L) and Rosalind Brewer. Photos: Jason Redmond/AFP via Getty Images; Rodrigo Capote/Bloomberg via Getty Images.

The number of women at the helm of America’s biggest companies pales in comparison to men, but is newly growing — and their tasks are huge.

What's going on: Jane Fraser took over at Citigroup this week, the first woman to ever lead a major U.S. bank. Rosalind Brewer will take the reins at Walgreens in the coming weeks (March 15) — a company that's been run by white men for more than a century.