A federal judge blocked President Trump’s attempt to strip a security clearance from whistleblower attorney Mark Zaid Tuesday, finding that the Trump administration did so in “retribution” and without proper due process.
U.S. District Judge Amir Ali ruled Tuesday night that “the government’s retribution” against Zaid was “carried out by summarily canceling the attorney’s security clearance without any of the process that is afforded to others.” Ali said the administration had not conducted an individualized national security assessment of Zaid’s clearance before stripping him of it.
The judge also found that Zaid introduced credible evidence that he “cannot properly advise current clients because he is precluded from accessing classified material and using classified information” in their defense.
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Zaid sued the Trump administration in May after Mr. Trump rescinded his security clearance, as well as the clearances of prominent Democrats, including former Vice President Kamala Harris, former Secretary of State Hillary Clinton and several members of the Biden administration. Mr. Trump’s order said that it was “no longer in the national interest” for Zaid and the other individuals listed to access classified information.
Zaid represented the whistleblower who reported concerns about the president’s dealings with Ukraine during his first term, and in Mr. Trump’s second term, he’s also been retained by many whistleblowers. Zaid had held a security clearance for over two decades.
Ali, who was nominated by President Joe Biden, granted Zaid’s motion for a preliminary injunction to “immediately and fully restore” his security clearance and access to classified information. The judge put his order on hold for 21 days to allow the Justice Department to consider an appeal. If there is no appeal, the order is set to go into place on Jan. 13.
Ali also rejected a Justice Department motion to dismiss the lawsuit.
In a statement to CBS News, Zaid said the decision is “an indictment of the Trump administration’s attempts to intimidate and silence the legal community, especially lawyers who represent people who dare to question or hold this government accountable.”
“I will not be intimidated and look forward to continuing to defend the brave men and women who stand up to the unlawful retaliation of the Trump administration,” the statement continued.
