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Sujit Choudhry on Presidential Powers

There is no doubt that the president enjoys many privileges and powers. However, there comes a time when some of these privileges are put to question. As much as the president of the United States has been mandated to make appointments and fire some government executives, there is always a red line with which he has to play safe. Sujit Choudhry a renowned lawyer recently went ahead to analyze on whether the president has the powers to revoke security clearances under the former national security personnel. He looks at this aspect in reference to what the constitution says.

This debate was sparked by the recent move by President Trump to revoke the security clearance that has been accorded to John Brennan. Apart from this he also made an announcement to the effect that he was also planing to revoke the security clearances for other retired national security community members. According to the press secretary for the white house, president Trump was considering taking this action because the culprits have monetized and politicized their security clearance and public service.

One may ask why former members of the national security should still enjoy their security clearances even after leaving the public service job. This is basically based on the fact that in the course of their service, they gain a lot of knowledge with regard to the workings of the government and thus would come in handy to advice current security officials when need be.

In regards to the powers of the president to revoke these security clearances, Sujit Choudhry notes that the constitution remains mum on this front. As much as there are specific procedures clearly outlined in the Executive orders regarding these clearances, some legal minds have reasoned that the president has the privilege of ignoring or circumventing them.

Sujit Choudhry is an internationally recognized figure on matters related to constitutional transition thanks to his mastery of comparative constitutional law and politics. He has been a key figure in the constitutional building process for various countries including Jordan, Egypt, Nepal, Myanmar, Libya, Sri Lanka South Africa, Yemen and Ukraine.

Read more here https://medium.com/@SujitChoudhry

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