lawfag here on the Chaffets/Schitt twat and the question: WHO issues (and revokes) security clearances and who can revoke them?
yup - the EXECUTIVE branch (ie DOD, DOJ etc)
and I found that Senate and House committees are NOT legally entitled to security clearances and intel but do have constitutional oversight so there is a line that can be drawn.
SCOTUS has addressed the matter in various contexts. SCOTUS has given the Executive branch full and final authority in the matter of security clearances. Navy v. Egan, 484 U.S. 518, 1988. SCOTUS also limits Congress power to violate individual rights to privacy nor abridge his liberty of speech, press, religion or assembly. Watkins v. United States, 354 U.S. 178 (1957)
However where the dispute involves the two branchs of govt (execitive and legislative) the answer is not so clear. The DC Circuit court (where such disputes are presented) defined the issue well in 1977 as follows:
"… the Constitution is largely silent on the question of allocation of powers associated with foreign affairs and national security…The present dispute illustrates this uncertainty. The concern of the executive that public disclosure…may endanger national security is, of course, entirely legitimate. But the degree to which the executive may exercise its discretion in implementing that concern is unclear when it conflicts with an equally legitimate assertion of authority by Congress to conduct investigations relevant to its legislative functions."
To solve this issue the Court basically ordered that "good faith negotiations" must take place and could be monitored by the court. The court stated:
"This…approach is consistent with our view that the present dispute should be regarded as a concerted search for accommodation between the two branches." USA vs ATT (1977)
This has already played out in the kerfuffle over JK's security clearance, and WH counsel has steered a careful course to create a record of "good faith negotiation" on Congress questions. FDor full details SEE https://www.lawfareblog.com/how-white-house-plays-hardball-congressional-oversight-security-clearances
Once again we can see the legal disputes brewing under the surface, and the importance of a clean non-corrupt, non partisan SCOTUS. Bottom line - The Exective branch has enormous power and uses it in this arena - see esp. the (in)famous Executive Order 12333–United States intelligence activities - https://www.archives.gov/federal-register/codification/executive-order/12333.html - Congress has NO chance here - but will a court intervene? Never yet. Enjoy the Show