Trump puts DOJ on crash course with intelligence agencies

Source: Politico | May 24, 2019 | Natasha Bertrand

National security veterans fear a declassification order could trigger resignations and threaten the CIA’s ability to conduct its core business — managing secret intelligence and sources.

President Donald Trump’s declassification order Thursday night has set up a showdown between his own Justice Department and the intelligence community that could trigger resignations and threaten the CIA’s ability to conduct its core business — managing secret intelligence and sources.

Trump’s order directed intelligence agencies to fully comply with Attorney General William Barr’s look at “surveillance activities” during the 2016 election — a probe that Trump’s allies see as a necessary check on government overreach but that critics lambaste as an attempt to create the impression of scandal. Numerous former intelligence officials called the move “unprecedented,” saying it grants the attorney general sweeping powers over the nation’s secrets, subverts the intelligence community and raises troubling legal questions.

“There’s nothing CIA or NSA, for example, guards more jealously than sources and methods,” said Larry Pfeiffer, a 32-year intelligence veteran who served as the chief of staff to CIA Director Michael Hayden. “It is not hyperbole to say that lives are at stake.”

“I doubt any of the [CIA directors] or [directors of national intelligence] that I worked with would have sat by silently if their president contemplated or made such a decision,” added Pfeiffer, who also served as senior director of the White House Situation Room.

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Later on Friday, Director of National Intelligence Dan Coats issued a carefully worded statement, confirming that his agencies will turn over “all of the appropriate information” for the DOJ review. But, Coats added, “I am confident that the Attorney General will work with the [intelligence community] in accordance with the long-established standards to protect highly-sensitive classified information that, if publicly released, would put our national security at risk.”

Numerous national security veterans did not share Coats‘ confidence. They said Trump’s order has challenged those “long-established standards” and raised questions about how the government’s legal power structure might shift in the months and years ahead.

Under the National Security Act, a post-World War II overhaul of the country’s military and intelligence structure, intelligence agencies are legally required to protect the unauthorized declassification of their secretive sources and information-gathering tactics. But Trump’s directive seemingly gave the attorney general the power to determine what should be declassified, potentially upending decades of precedent.

“The president’s memo effectively revises the executive order on classification and gives the AG the authority — previously assigned to the head of the agency that originated the information — to declassify information related to the election inquiry,” said Steven Aftergood, a classification expert who directs the Federation of American Scientists’ Project on Government Secrecy.

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