US Defense Security Service Guidelines, Federal Statute 50 USC 435 and Executive Order 12968 Indicate That Various Agency Heads Should Deny President Obama Access To Classified Information.
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A thorough review of national security clearance guidelines and federal statutes indicates that various heads of government agencies in charge of disseminating classified information should deny access to classified information to President Obama unless and until he undergoes a statutory background check and achieves a proper security clearance.
This article stipulates that it is common practice for the FBI to grant full security clearance to elected officials such as Congressman and Senators. The same courtesy has been extended to the office of President and Vice President. This is done in recognition that these elected officials represent the will of the American people.
However, federal law mandates that if such courtesy conflicts with national security then agency heads are expected to deny access to classified information. In President Obama we have a Commander In Chief who admits to having been a British citizen as well as a citizen of Kenya.
Furthermore, President Obama may still be a a British citizen and/or subject. He may have also been a citizen of Indonesia.
We just don’t know the answers to these questions because he just won’t answer them.
US Defense Security Service guidelines are very clear in that persons with past allegiance to foreign nations are to undergo security checks to determine whether such allegiance is dangerous to the US:
Conditions that could raise a security concern and may be disqualifying include:
a. The exercise of dual citizenship;
b. Possession and/or use of a foreign passport;
c. Military service or a willingness to bear arms for a foreign country;
d. Accepting educational, medical, or other benefits, such as retirement and social welfare, from a foreign country;
f. Residence in a foreign country to meet citizenship requirements;
g. Using foreign citizenship to protect financial or business interests in another country;
h. Seeking or holding political office in the foreign country;
h. Voting in foreign elections; and
i. Performing or attempting to perform duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States.
Conditions that could mitigate security concerns include:
a. Dual citizenship is based solely on parents’ citizenship or birth in a foreign country;
b. Indicators of possible foreign preference (e.g., foreign military service) occurred before obtaining United States citizenship;
c. Activity is sanctioned by the United States;
d. Individual has expressed a willingness to renounce dual citizenship.
Above Information Courtesy of Defense Security Service (DSS) (Emphasis added.)
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The government security guidelines examine whether the person has renounced his foreign citizenship. The issue of whether Obama is still a British citizen or subject must be addressed by a proper US government background clearance examination since it appears President Obama has never renounced his UK citizenship or subject status.
A forthcoming report at this blog will detail the intricacies of British nationality law with regard to whether President Obama is currently under the domain of the UK. But this should be done by our government officials as well. If he is under their domain, he’s also under the domain of the European Union.
Federal Statute 50 USC 435. Executive Order 12968.
50 USC 435 is the federal statute concerned with the classification of sensitive information. It empowered Executive Order 12968 which was enacted by President Clinton in 1995. These laws provide the Executive Branch rules for granting security clearance to classified information.
EO 12968 exempts the President and the Vice President from having to pass a security clearance examination. However, both 50 USC 435 and Executive Order 12968 contain the same exact safety provision empowering agency heads to deny access to classified information upon their own discretion.
50 USC 435 states:
Subsection (a) of this section shall not be deemed to limit or affect the responsibility and power of an agency head pursuant to other law or Executive order to deny or terminate access to classified information if the national security so requires.
Such responsibility and power may be exercised only when the agency head determines that the procedures prescribed by subsection (a) of this section cannot be invoked in a manner that is consistent with the national security.
Executive order 12968 Section 5.2 (e) states:
(e) This section shall not be deemed to limit or affect the responsibility and power of an agency head pursuant to any law or other Executive order to deny or terminate access to classified information in the interests of national security.
The power and responsibility to deny or terminate access to classified information pursuant to any law or other Executive order may be exercised only where the agency head determines that the procedures prescribed in subsection (a) of this section cannot be invoked in a manner that is consistent with national security. This determination shall be conclusive.
Since the President and Vice President are exempted from these regulations, the regulations can’t be invoked in a manner consistent with national security. As such, any agency head who determines that providing the President with classified information is inconsistent with national security may withhold such information.
According to law, such a determination is conclusive. No review is even possible.
President Obama should submit to a full security clearance examination before a national crisis takes place. Agency heads who continue to provide classified information to President Obama do so at the risk of national security. President Obama was a citizen of at least two foreign nations and his passport history is unknown.
It appears that he may still be legally subject to the monarchy of Great Britain. This would trigger issues concerning the Master Nationality Rule whenever Obama stands on British soil.
These issues are not trivial. But for Obama being President, he would have to provide everything discussed in the Defense Security guidelines. He is also charged with enforcing those very same guidelines. How can he enforce them with a straight face if he’s never submitted to them himself?
President Obama has never officially renounced or denied his British citizenship. And he has admitted that he was a British citizen at birth.
His past is so intertwined with various other nations that it is impossible, without a proper security clearance examination, for agency heads to forward classified information to him without concern. Government agency heads in charge of releasing classified information have the undeniable legal right to deny the President classified information.
Until President Obama’s passport and citizenship status in other nations is thoroughly determined, agency heads who forward him classified information do so with unknown risks to national security.
There are too many unknowns with regard to past allegiance to foreign powers for such information to be passed on safely. Agency heads cannot afford to be shy or afraid of backlash. Their decision is legally conclusive.
There is no transparency here and I do not see why the President himself is not calling for a proper background check on himself.
Why put the agency heads in this position?
It would be a proper start to necessary transparency if Obama would discuss whether he’s ever held a foreign passport and whether he’s ever traveled under a foreign passport. He should also take the official steps necessary to renounce his prior foreign citizenship.
That’s what a statesman would do.
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And, alas .. we now know he’s not that.
Good post. Long time coming.
Placemarker
A thorough review of national security clearance guidelines and federal statutes indicates that various heads of government agencies in charge of disseminating classified information should deny access to classified information to President Obama unless and until he undergoes a statutory background check and achieves a proper security clearance.
But don't get your hopes up.
So. How do we activate these US Defense Security Service guidelines? Can an individual petition the defense dept or military personnel file a request? Must it be done through the court system or otherwise?
Great stuff Star, well organized and right to the point just what is needed in this debacle.
Wow! Question..Does this mean that our security agencies would have ‘standing’ in court to force Obama to release his long form BC and all other pertinent records?