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.

From google cache. Links don’t work sometimes. This information is from Leo’s extensive work on his blog that was deleted but was still in the google cache. Use it for reference and study in the future.

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.

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.)

——————————

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.

This entry was posted on August 20, 2009 at 3:34 PM and is filed under Uncategorized . You can follow any responses to this entry through the RSS 2.0 feed You can leave a response, or trackback from your own site.
82 Responses to “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.”

1.
MissTickly Says:
August 20, 2009 at 3:49 PM

Oh, this is a beautiful post.

You say “…various heads of government agencies in charge of disseminating classified information should deny access to classified information to President Obama…” Do the agency heads get to use their own discretion in determining if BHO gets clearance or are they mandated to fully check everyone receiving classified info?

In other words, how is this enforced if at all? We obviously can’t ask or expect BHO to REALLY be a statesman. It’s kinda like the women at the DoH–he’ll let them field a million calls and inquiries about his BC instead of just coughing up his records–he’s happy to let other agency heads take the heat on this, you know?

[Ed. Under the guidelines, the Pres and VP are exempt from the regulations – except that the agency heads can deny anyone access to classified info if national security cannot be maintained by invoking the regulations. A determination by an agency head in this regard is – by the very letter of Executive Order 12968 – CONCLUSIVE. So the President can’t do anything about it. Even if the agency heads decide to stare at the emperor’s new clothes by feeding him classfied info, at least they will have culpability if anything treasonous should occur.]
2.
MissTickly Says:
August 20, 2009 at 3:53 PM

Correction: When you manipulate others and how they do their jobs, and you force them to have to do your dirty work rather than cough up your vital records and passport(s)–you aren’t a statesman, you aren’t even a MAN.
3.
MissTickly Says:
August 20, 2009 at 4:02 PM

Nice graphic BTW–how did you get an official clearance badge?
4.
MissTickly Says:
August 20, 2009 at 4:03 PM

It takes a couple reiterations before i get it–thanks=)

[Ed. Under the guidelines, the Pres and VP are exempt from the regulations – except that the agency heads can deny anyone access to classified info if national security cannot be maintained by invoking the regulations. A determination by an agency head in this regard is – by the very letter of Executive Order 12968 – CONCLUSIVE. So the President can’t do anything about it. Even if the agency heads decide to stare at the emperor’s new clothes by feeding him classfied info, at least they will have culpability if anything treasonous should occur.]
5.
Kal Says:
August 20, 2009 at 4:06 PM

“Power tends to corrupt and absolute power corrupts absolutely.”
– Lord John Acton

“There are some things so serious you have to laugh at them.”
– Niels Bohr

“The exact contrary of what is generally believed is often the truth.”
– Jean de la Bruyere

“The great seal of truth is simplicity.” – Herman Boerhaave

“Think like a man of action and act like a man of thought” – Sallust

“The object of the superior man is truth.” – Confucius

“Nature does not hurry, yet everything is accomplished.” – Lao Tzu

“Nothing is more unreliable than the populace, nothing more obscure than human intentions, nothing more deceptive than the whole Electoral System.” – Cicero

“Nothing is so strongly fortified that it cannot be taken by money.”
– Cicero
6.
Kathy Says:
August 20, 2009 at 4:14 PM

This isn’t exactly on topic, but speaks to what Leo and so many bloggers here have said over and over again about the duty and privilege of every American to fight for our freedom and liberty (because, except for God, we are all we got and cannot depend on the pervasive corrupt Federal government!) here below is a powerful video to watch. Even though this video was initially produced for the April 09 Tea Party, we got another one coming up on Sep 10-12 in Washington, DC. and I’m going, banners, flags, and signs and will march, protest, sing, shout, whatever’ll be going on. I refuse to sit on the sidelines and let someone else do my job!

If the video doesn’t stir something up deep inside, you may have lost what it means to be an American. Enjoy!

http://d.yimg.com/kq/groups/15523565/1322781786/name/TeaPartyCommercial.wmv
7.
Clark Hamblin Says:
August 20, 2009 at 4:30 PM

Leo,
I see you just can’t get up from this virtual table of chess that we play with these , so called legislators. Laws must be lawful to exist within the context of the Constitution, or maybe there really is no constitution and therefore no law of the people of the United States, just some other governing body?
The clock has been struck, your move!
I , and God love you Leo.

[Ed. There is no Constitution, Clark. That’s the reality of the situation. Nobody is going to step up. I feel it. This country will not exist as a sovereign nation in ten years time. ]
8.
Kal Says:
August 20, 2009 at 4:36 PM

@ Kathy – Great video – Thanks!

@ Leo – Have you seen these articles – any comments?

P.S.

Your name is mentioned in the 1st article.

http://www.therightsideoflife.com/?p=7087

http://usjf.net/archives/1330#more-1330

http://citizenwells.wordpress.com/2009/08/20/federal-grand-jury-petition-filed-breaking-news-august-20-2009-chalice-radio-attorney-stephen-pidgeon-us-district-court-in-washington-dc/
9.
JP-research Says:
August 20, 2009 at 5:12 PM

Kathy: could not see any picture, just heard rousing music – please make the link work (I used two different browsers) thanks!
(please don’t post this comment if it’s already been fixed)
10.
Chris Says:
August 20, 2009 at 5:23 PM

Why is the President exempted from this Executive Order and statute? Because the President is the superior to whom the agency head report. As is shown by the fact that (1) these agency heads serve at the pleasure of the President, who can fire them for any reason or no reason at all; and (2) the President issues the Executive Orders constraining agency heads, and can change those orders for any reason or no reason at all.

Why does the President have so much more power than the agency heads? Because the agency heads are unelected officials, with no popular mandate. By contrast, the President is an elected official, with a popular mandate, chosen by virtue of a largely democratic process. Because we live in a democracy or democratic republic, our Constitution generally gives greater power to elected as compared to unelected officials.

To assume against that background that the agency heads may lawfully deny national security information to the President, who is also the Commander in Chief of the Armed Forces, makes no sense at all. Any interpretation of statute or executive order that reaches that conclusion is plainly wrong and plainly unconstitutional.

Pragmatically, this issue will never arise. Any agency head who purported to obstruct the President from receiving national security information and performing his duties as Commander in Chief of the Armed Forces would soon find him/herself without a job. Any agency head with half a brain would be aware of that and would not obstruct the President in his/her duties.

[Ed. The statute is clear, nothing in the EO or the statute is allowed to limit the “power” of the agency head and the agency head’s decision is conclusive. If an agency head denies the President access and is then fired, let the chips fall where they may. Some Government workers actually put their country ahead of their own personal career. It’s not a concept you would understand. But we’ll forgive you for that.]

(I added some of the interesting comments that were on Leo’s site that is now deleted but was still in google cache.)

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