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To: Hoosier-Daddy
"Does he not now have the right to sue and demand Obama’s information during discovery? Any attorneys out there?"

What information that is out there is sketchy. But, if Cook was fired because his job required him to have a security clearance, and that clearance was terminated (for whatever reason), Maj. Cook is SOL.

Who does or does not have a national security clearance is a responsibility that falls solely on the executive branch, and specifically to the Executive. It's not reviewable by either Congress or the Judiciary. Essentially, they can issue and retract security clearance at their pleasure.

At first blush, Cook wouldn't have any grounds for action with his employer, and he definitely wouldn't be able to sue (successfully) the Army for revoking his security clearance, if that indeed happened.

157 posted on 07/15/2009 1:59:38 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: OldDeckHand; Alas Babylon!; American_Centurion; An.American.Expatriate; ASA.Ranger; ASA Vet; ...

“Who does or does not have a national security clearance is a responsibility that falls solely on the executive branch, and specifically to the Executive. It’s not reviewable by either Congress or the Judiciary. Essentially, they can issue and retract security clearance at their pleasure.”

I don’t think that is correct with military security clearances. So I have pinged a list Freepers who have had or still had top secret clearances. Decades ago, I had a Top Secret Clearance, which was granted by the Navy.

Maybe some of the nice Freepers on this list can clarify us re who issues TS clearances.


168 posted on 07/15/2009 2:15:20 PM PDT by Grampa Dave (Does Zer0 have any friends, who are not criminals, foreign/domestic terrorists, or tax cheats?)
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To: OldDeckHand

When he was fired, Simtech had no indication that his clearances had been revoked. Thats in Taitz newest filing as well. Its worth reading!


195 posted on 07/15/2009 3:55:49 PM PDT by Danae (Conservative does not equal Republican. Conservative does not compromise.)
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To: OldDeckHand; Grampa Dave; Rembrandt
At first blush, Cook wouldn't have any grounds for action with his employer, and he definitely wouldn't be able to sue (successfully) the Army for revoking his security clearance, if that indeed happened.

You're probably right, JAG, but could this be a case of Unlawful Command Influence since whoever instigated punitive measures against the reservist without an Article 32 hearing or charges of misconduct or missing movement and did so simply for the challenge to the legality of the order?
242 posted on 07/15/2009 10:14:23 PM PDT by BIGLOOK (Government needs a Keelhauling now and then.)
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