Pot smoking vs. spousal abuse: Security clearance double standard alleged

Source: Politico | February 22, 2018 | Josh Gerstein and Darren Samuelsohn

Government officials are routinely denied clearance for reasons that look minor next to concerns about Jared Kushner and Rob Porter, lawyers say.

From speeding to pot smoking to, in one case, ownership of a Canadian brewery, rank-and-file government employees often see their security clearances challenged, denied or revoked for issues they consider relatively minor.

Which makes them all the more frustrated to see White House staffers with major red flags in their backgrounds given permission to handle classified information.

Lawyers say they’ve seen government workers and federal contractors run into serious clearance problems over occasional marijuana use, routine debts or small-scale foreign investments while top Trump officials like former staff secretary Rob Porter worked with a clearance for about a year despite allegations of spousal abuse. President Donald Trump’s son-in-law, Jared Kushner, continues to hold a clearance despite owing tens of millions of dollars in debt — some owed to a German bank.

“They’re getting away with murder,” said Sheldon Cohen, a Virginia attorney who spent two decades representing workers in clearance fights. “What is going on in the White House, if it was taking place involving people at agencies or in private industry, they would never get a clearance.”

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White House chief of staff John Kelly issued a five-page memo last week owning up, in general terms, to a poorly run process. He’s ordered a crackdown of sorts, particularly on interim clearances. The changes could put Kelly in conflict with Kushner, who has reportedly been working with an interim clearance, unless Trump grants his son-in-law and adviser a special dispensation.

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“If Kushner or these other folks were just regular employees, there’s no way they would have gotten interim clearances. They’re receiving some special dispensation somewhere up the food chain,” said Elaine Fitch, an attorney in Washington who handles cases for government employees. “It’s absolutely not fair. … Most of our clients are treated much worse than what’s going on with these folks in the White House.”

The FBI conducts background investigations of White House officials seeking security clearances and makes recommendations that the White House can overrule. Employees for other departments and agencies are typically assessed by Office of Personnel Management investigators or contractors.

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A source familiar with the situation told POLITICO on Wednesday that it will be difficult for Kelly to abide by his newly announced policy and still approve a full, permanent clearance for Kushner.

“If that policy is held to, Jared would not be able to see top security information. And I don’t know if he’d be able to work in the building,” said the source, who asked not to be named. “He’s either going to get an exemption which causes a big news story, or he’ll have to do something else. From what I’m seeing, they’re fighting like hell to push Kelly out to get an exception.”

President Trump — who has final say on any clearance matter — may ultimately have to resolve the issue himself. “This is one of those tough calls for the president,” the source said.

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