A top Justice Department official alerted the White House two weeks ago that significant information requiring additional investigation would further delay the security clearance process of senior adviser Jared Kushner, according to three people familiar with the discussion.
The Feb. 9 phone call from Deputy Attorney General Rod J. Rosenstein to White House Counsel Donald McGahn came amid growing public scrutiny of a number of administration officials without final security clearances. Most prominent among them is Kushner, President Trump’s son-in-law, who has had access to some of the nation’s most sensitive material for over a year while waiting for his background investigation to be completed.
A week after the call from Rosenstein, White House Chief of Staff John F. Kelly announced that staffers whose clearances have not been finalized will no longer be able to view top-secret information — meaning that Kushner stood to lose his status as early as Friday.
We do not know for certain why Kushner’s security clearance has been held up. Suffice it to say, however, that if a senior staffer in any other administration had to repeatedly amend his disclosure statements, failed initially to disclose meetings with Russians during the transition (including one in which a back channel cutting out our intelligence services was discussed), ran up huge personal debts and consulted with a now-fired, indicted White House official, he would have been denied a clearance and shown the door. (“Kushner’s actions during the transition have been referenced in the guilty plea of former Trump national security adviser Michael Flynn, who admitted he lied to the FBI about contacts with then-Russian Ambassador Sergey Kislyak,” The Post reports. “Prosecutors said Flynn was acting in consultation with a senior Trump transition official, whom people familiar with the matter have identified as Kushner.”)
It isn’t surprising that Chief of Staff John F. Kelly would be happy to see Kushner go. (“Kelly has told associates that he is uncomfortable with Kushner’s uncertain security clearance status and his unique role as both a family member and staffer, according to people familiar with the conversations. He has said he would not be upset if the president’s son-in-law and his wife, Ivanka Trump, left their positions as full-time employees.”) Aside from whatever political backstabbing might be going on (Kushner’s wife Ivanka Trump is purportedly involved in trying to replace Kelly), Kushner now stands in violation of the deadline Kelly imposed to end all interim security clearances. If Kushner remains and gets special treatment, the message from the White House is clear: The Trump family doesn’t meet basic security requirements and gets special treatment. The mixed message to the rest of the White House staff undermines Kelly’s authority and ability to force compliance with essential security requirements.
Taking a step back, in any other White House a senior adviser whose job requires access to classified material would be obliged at the very least to step away from duties pertaining to national security. We have known since May 2017 that Kushner was under investigation. (The Post reported on May 19, 2017: “The law enforcement investigation into possible coordination between Russia and the Trump campaign has identified a current White House official as a significant person of interest, showing that the probe is reaching into the highest levels of government, according to people familiar with the matter.” That person was later identified as Kushner.) “Under no circumstances should Kushner have maintained his security clearance this entire time, given the nature of the conduct that is under investigation,” says former Justice Department spokesman Matt Miller. “And without a security clearance, he couldn’t be in the job he’s been in.”
Norman L. Eisen, former ethics counsel for President Barack Obama, tells me: “Kushner should have been gone — and in Obama’s or any other White House, would have been gone — as soon as the red flags of his dozens of omissions on his security clearance and financial disclosure forms began to accumulate. That is because they signaled the trouble ahead. It is only because of nepotism (also a violation of federal law, by the way) that he is still there.” (Citizens for Responsibility and Ethics in Washington, of which Eisen is the board chair, sent a letter to Kelly on Feb. 15 demanding that Kushner’s temporary clearance be revoked, citing multiple factors — e.g. foreign influence, omission of information — that would trigger a denial of clearance under existing regulations and executive orders.)
Unless Kushner has been entirely cleared of wrongdoing, his continued presence in his current White House role is unprecedented and inexcusable. He is entitled to the legal presumption of innocence, but not to a high White House post with a top security clearance so long as there is credible information to believe he acted improperly with regard to the matters under investigation. If this were a corporate setting, a high-level executive would be put on “leave” pending conclusion of an investigation. Former director of the U.S. Office of Government Ethics Walter Shaub tells me, “It’s ridiculous that Kushner still works in the White House, all the more so that he has access to classified information. Anybody else would be gone, but the Justice Department consigned us to this fate when it [condoned] nepotism in the White House.”
We raise this point about Kushner’s presence to underscore how entirely abnormal is the situation the country finds itself. His continuing role in the White House demonstrates just how far out of bounds is the conduct of this White House and the degree to which the administration now serves Trump’s personal and family interests rather than the nation’s. Unfortunately, as we have learned, the country at large begins to become accustomed to the inexcusable — if the inexcusable goes on long enough.
Read more by Jennifer Rubin: