Suspension of Security Clearances and Evaluation of Government Contracts
The President directed the Attorney General and other executive department heads to immediately suspend active security clearances held by Peter Koski and Covington & Burling LLP employees who assisted Special Counsel Jack Smith, pending a review of their involvement in the alleged weaponization of the judicial process.
The order also mandates a review of all government contracts with Covington & Burling LLP, with agencies instructed to align funding decisions with the President's priorities and the interests of the U.S. citizens.
The actions are justified by Executive Order 14147, and the memorandum explicitly states it does not create any legally enforceable rights.
Arguments For
Addressing concerns about potential misuse of power: The actions aim to investigate potential weaponization of the judicial process and ensure accountability. Evidence cited in the justification may include specific allegations or reports raising such concerns.
Protecting national security: Suspending security clearances is presented as necessary to safeguard sensitive information until a review is complete. Implementation involves multiple agencies coordinating to review individuals' roles and responsibilities.
Promoting responsible government spending: Reviewing government contracts is justified as aligning agency funding with national interests and administrative priorities. The Executive Order 14147 serves as a legal and historical basis. Implementation uses an OMB directive to review contracts and then allow agencies to exercise judgment on renewed or new contracting.
Enhancing public trust: Taking steps to investigate potential misconduct, especially related to a high-profile investigation, can bolster public confidence that appropriate standards are upheld within the government.
Arguments Against
Potential for undue influence and bias: The actions could be perceived as politically motivated or retaliatory, harming the independence of investigations and potentially chilling future cooperation with law enforcement.
Impact on national security and administrative efficiency: Suspending clearances and reviewing contracts could disrupt ongoing operations and projects, depending on the number of individuals and contracts affected. This challenge involves time, potential delays and a need for clear definitions in implementation.
Legal challenges: Suspending security clearances without due process or proper investigation could face legal hurdles. The scope of executive power in these matters may be challenged in court, creating risk of adverse rulings and a financial burden of defense.
Unintended consequences: Disrupting contracts and legal relations with Covington & Burling could lead to unintended consequences such as lawsuits, reputational damages, delays in national security operations, financial loses, and broader disincentives to cooperate with official investigations.
MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF DEFENSE THE ATTORNEY GENERAL THE SECRETARY OF ENERGY THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET THE DIRECTOR OF NATIONAL INTELLIGENCE THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT
This section lists the recipients of the Presidential memorandum.
It names the heads of various departments and agencies, including State, Defense, Justice, Energy, OMB, DNI, CIA, and OPM, indicating the broad scope of individuals and departments responsible for implementing the President's orders.
SUBJECT: Suspension of Security Clearances and Evaluation of Government Contracts
I hereby direct the Attorney General and all other relevant heads of executive departments and agencies (agencies) to immediately take steps consistent with applicable law to suspend any active security clearances held by Peter Koski and all members, partners, and employees of Covington & Burling LLP who assisted former Special Counsel Jack Smith during his time as Special Counsel, pending a review and determination of their roles and responsibilities, if any, in the weaponization of the judicial process. I also direct the Attorney General and heads of agencies to take such actions as are necessary to terminate any engagement of Covington & Burling LLP by any agency to the maximum extent permitted by law and consistent with the memorandum that shall be issued by the Director of the Office of Management and Budget.
Additionally, if any of the covered Covington & Burling LLP members, partners, and employees referenced in this memorandum obtained a security clearance from an agency not included as an addressee of this memorandum, the Director of the Office of Personnel Management shall provide this memorandum to the appropriate clearance-granting agency to ensure compliance.
I further direct the Director of the Office of Management and Budget to issue a memorandum to all agencies to review all Government contracts with Covington & Burling LLP. To the extent permitted by applicable law, heads of agencies shall align their agency funding decisions with the interests of the citizens of the United States; with the goals and priorities of my Administration as expressed in executive actions, especially Executive Order 14147 of January 20, 2025 (Ending the Weaponization of the Federal Government); and as heads of agencies deem appropriate.
This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The President orders the suspension of security clearances for specified individuals and the termination of government contracts with Covington & Burling LLP. The actions are justified as necessary to investigate their potential role in the weaponization of the judicial process and to align government spending with national interests, as outlined in Executive Order 14147.
The order emphasizes its limitations, stating that it does not create any legally enforceable rights.