re: Foreign-Born Judge Controls Trump’s National Security Powers

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He was born less than ten miles north of upstate New York.

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Folks, where he comes from and his religion is not the issue. No federal judge should have any authority over who gets or who doesn't get security clearances. That clearly resides with the White House.

Exactly.

quote]One of them scary Canucks.[/quote]

You misspelled cuck.

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The problem/issue is that Trump has a tendency to completely ignore the established/statutory procedures for doing things that he does have (eventually) the right to do. he cuts corners, and thereby violates the law.

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"Trump has the authority to do that but he can't unless the right paperwork is filled out correctly" has to be one of the dumbest arguments you guys use.

Does the Constitution grant the president the power to control clearances or does it say the bureaucracy has that power? If it's the president, then the bureaucratic paperwork is irrelevant.

In Dept of Navy v Egan, the Supreme Court declared "The authority to grant, deny, or revoke access to classified information flows from the President’s constitutional powers, not from Congress." That means the "established/statutory procedures" argument is bullshite as statutory procedures come from Congress. If they come from the executive, then the chief executive who oversees the entire branch can set the rules.

Article II says "The executive power shall be vested in a President of the United States of America." It doesn't say "but only if he follows the rules and procedures of Congress and the courts."

The Constitution also says "The president shall be the Commander in Chief of the Army and Navy of the United States." That gives him authority over national security matters, not Congress, not unelected judges.

The idea that Trump can exercise his Constitutional authority only by following the procedures of Congress and the courts is retarded. No sane person honestly thinks that's how the separation of powers was intended to work.

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As expected, Trump cut corners.

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So a federal judge is granted presidential powers?

We’re going to have to shoot our way out of all this shite aren’t we?

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He was born less than ten miles north of upstate New York.

Do you know who else was born in Canada? Ted Cruz.

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Stupid comparison.

One was a citizen at birth and one was not.

The distance across the border is irrelevant and confers no privilege.

About 80-90 percent of the Canadian population lives within 100 miles of the U.S. border.

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Folks, where he comes from and his religion is not the issue.

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Thanks for clearing that up. Perhaps your fellow travelers will listen to YOU.

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No federal judge should have any authority over who gets or who doesn't get security clearances. That clearly resides with the White House

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EXCEPT where the White House acts in violation of the Constitution. Here, the contention is that the White House revoked Zaid's clearance in violation of his First Amendment rights. In particular, the contention is that Trump revoked the clearance because Zaid has been critical of Trump.

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While the merits of any individual security clearance decision are unreviewable, courts may hear ‘constitutional claims arising from the clearance revocation process.’” El-Ganayni v. U.S. Dep’t of Energy, 591 F.3d 176, 183 (3d Cir. 2010)

The First Amendment prohibits government officials from retaliating against people for engaging in ... protected activities. See Nieves v. Bartlett, 587 U.S. 391, 398 (2019)

To prevail on a First Amendment retaliation claim, a plaintiff must show “(1) he engaged in conduct protected under the First Amendment; (2) the defendant took some retaliatory action sufficient to deter a person of ordinary firmness in plaintiff’s position from speaking again; and (3) a causal link between the exercise of a constitutional right and the adverse action taken against him.” Aref v. Lynch, 833 F.3d 242, 258 (D.C. Cir. 2016)

The government does not appear to dispute that the first two requirements are satisfied, and they clearly are. ... The record also shows Zaid will likely establish the final requirement, that his protected expression, petitioning on behalf of people or in matters disfavored by the government, is what caused the government to summarily revoke his clearance. The President expressed repeated, public displeasure with Zaid—calling him a “sleazeball” and saying he should be sued for “treason”—and expressly tied it to his representation of a government whistleblower. ... The decision to summarily revoke Zaid’s clearance took place just days after Zaid filed a lawsuit against the government on behalf of FBI employees to protect them rom being targeted for their work related to the January 6 attack on the U.S. Capitol.

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As expected, Trump cut corners.

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So a federal judge is granted presidential powers?

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No, just the JUDICIAL power to require the Executive to follow the law in its actions.

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I’ll give you one thing. You’re absolutely a “true believer.”

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In the US Constitution and our system of laws? Abso-fricking-lutely.

I find it sad that Trumpists assign more importance to Trump and his goals than to the principles of the US Constitution. VERY sad.