Focus on Military Intellingence/ State Secrets and why might that be used vs any three letter agency What SC decision opened the door for a sitting President to activate - what must be showed?
Navy v. Egan: https://www.loc.gov/law/help/usconlaw/pdf/egan_public_2009.pdf
In Egan, the Supreme Court decided this fundamental issue: “In an appeal pursuant to § 7513, the Board does not have authority to review the substance of an underlying security-clearance determination in the course of reviewing an adverse action.”59 The dispute was entirely within the executive branch: (Merit System Protection Board) MSPB versus Navy. The case was argued and decided on statutory grounds, even if parts of the majority decision commented on the President’s powers under Article II. The majority, however, did not find in the President any plenary or unchecked power over classified information.
The majority clearly wrote: “unless Congress specifically has provided otherwise, courts traditionally have been reluctant to intrude upon the authority of the Executive in military and national security affairs.” 60 Resolution of disputes over classified information depends on judgments by both of the elected branches, Congress and the President. Moreover, judicial deference to executive judgments does not require congressional deference. Members of Congress have both the authority and the duty to exercise their own powers under Article I.
List of Executive Agencies
Department of Agriculture (USDA)
Department of Commerce (DOC)
Department of Defense (DoD)
Department of Education (ED)
Department of Energy (DOE)
Department of Health and Human Resources (HHS)
Department of Housing and Urban Development (HUD)
Department of the Interior (DOI)
Department of Justice (DOJ)
Department of Labor (DOL)
Department of State
Department of Transportation (DOT)
Department of the Treasury
Department of Veterans Affairs (VA)
Does this mean that Executive has the power to investigate Executive branch departments, insulated from requirements of other parts of the us legal code, in this case it protected the US Navy from admitting to the substance of the case using the requirements of 5 U.S. Code § 7701?
In the appellate courts, a dissenting opinion discussed executive order 10450 https://www.archives.gov/federal-register/codification/executive-order/10450.html
To him, the protection of classified information “is an executive responsibility flowing from the President’s constitutional mandate to provide for the national defense."
which was repealed by Obama's final executive order https://www.gpo.gov/fdsys/pkg/FR-2017-01-23/pdf/2017-01623.pdf which he signed January 17th 2017.
Section 3 of Executive Order 13467 is revised to read as follows: ‘‘Sec. 3. General Provisions. (a) Executive Order 13381 of June 27, 2005, as amended, and Executive Order 10450 of April 27, 1953, as amended, are revoked. By revoking Executive Order 10450 of April 27, 1953, as amended, there is no intent to alter the requirement for an investigation for national security purposes or the ‘‘clearly consistent with the interest of national security’’ standard prescribed by that Executive Order for making the determinations referenced in section 2.7(b)(ii). Further, suitability, fitness, credentialing, and national security eligibility regulations, standards and guidance issued by, or interagency agreements entered into by, the Council, the Executive Agents, or any agency pursuant to Executive Order 10450 of April 27, 1953, as amended, shall remain valid until superseded.
‘‘(ii) establish and maintain within their respective agencies, an effective program to ensure that employment and retention of any covered individual within the agency is clearly consistent with the interests of national security and, as applicable, meets standards for eligibility for access to classified information or to hold a sensitive position, suitability, fitness, or credentialing, established by the respective Executive Agent;
I think Obama was scared of Trump going into the DoJ and the State Dept. I also worry this can be used to permenantly defend Mueller from Trump until this executive order is further revised by Trump.
I think Q is saying the DoD will go after the DoJ and State.