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---
title: White House Refuses to Release Security Clearance Documents
description: The White House is refusing to hand over to Congress documents regarding its process for security clearances.
canonical: https://time.com/5545108/unprecedented-and-extraordinarily-intrusive-white-house-refuses-to-hand-over-documents-on-security-clearance-process/
author: Alana Abramson
article:opinion: false
article:content_tier: free
article:published_time: 2019-03-05T20:48:37.000Z
article:modified_time: 2026-02-23T22:56:51.837Z
article:section: Politics
og:title: White House Refuses to Hand Over Documents on Security Clearance Process
og:description: A lawyer for the president called it &quot;unprecedented and extraordinarily intrusive&quot;
og:url: https://time.com/5545108/unprecedented-and-extraordinarily-intrusive-white-house-refuses-to-hand-over-documents-on-security-clearance-process/
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og:image:width: 1200
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og:image:alt: House Oversight Meeting on Michael Flynn
og:type: article
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twitter:title: White House Refuses to Hand Over Documents on Security Clearance Process
twitter:description: A lawyer for the president called it &quot;unprecedented and extraordinarily intrusive&quot;
twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt387e074cdef25908/6988ce6586f68e2b856e4d27/elijah-cummings-michael-flynn-russia-payments-lie.jpg?branch=production&amp;width=3840&amp;quality=75&amp;auto=webp&amp;crop=16:9
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# 'Unprecedented and Extraordinarily Intrusive.' White House Refuses to Hand Over Documents on Security Clearance Process


![Alana Abramson](https://static.time.com/v3/assets/bltea6093859af6183b/blt841db4fb6fb33ac8/698a1380656a3f7bb2bda9e7/alana-abramson-2020-headshot.jpg?branch=production&width=3840&quality=75&auto=webp&crop=1:1)

by 

[Alana Abramson](https://time.com/author/alana-abramson/)


![Alana Abramson](https://static.time.com/v3/assets/bltea6093859af6183b/blt841db4fb6fb33ac8/698a1380656a3f7bb2bda9e7/alana-abramson-2020-headshot.jpg?branch=production&width=96&quality=75&auto=webp)

## Alana Abramson


Mar 5, 2019 8:48 PM UTC

![House Oversight Meeting on Michael Flynn](https://static.time.com/v3/assets/bltea6093859af6183b/blt387e074cdef25908/6988ce6586f68e2b856e4d27/elijah-cummings-michael-flynn-russia-payments-lie.jpg?branch=production&width=3840&quality=75&auto=webp&crop=3:2)

House Oversight Chairman Jason Chaffetz, R-Utah, right, and ranking Democrat Elijah Cummings, D-Md., hold a press conference after a classified meeting of the committee in which they reviewed documents related to former national security adviser Michael Flynn in the Capitol on Tuesday, April 25, 2017

House Oversight Chairman Jason Chaffetz, R-Utah, right, and ranking Democrat Elijah Cummings, D-Md., hold a press conference after a classified meeting of the committee in which they reviewed documents related to former national security adviser Michael Flynn in the Capitol on Tuesday, April 25, 2017Bill Clark—CQ-Roll Call,Inc./Getty Images

![Alana Abramson](https://static.time.com/v3/assets/bltea6093859af6183b/blt841db4fb6fb33ac8/698a1380656a3f7bb2bda9e7/alana-abramson-2020-headshot.jpg?branch=production&width=3840&quality=75&auto=webp&crop=1:1)

by 

[Alana Abramson](https://time.com/author/alana-abramson/)


![Alana Abramson](https://static.time.com/v3/assets/bltea6093859af6183b/blt841db4fb6fb33ac8/698a1380656a3f7bb2bda9e7/alana-abramson-2020-headshot.jpg?branch=production&width=96&quality=75&auto=webp)

## Alana Abramson


Mar 5, 2019 8:48 PM UTC

The White House is refusing to hand over to Congress documents regarding its [process for security clearances](http://time.com/5542499/house-judiciary-committee-trump-documents/), possibly paving the way for a second round of subpoenas to hit the Trump Administration.

[Rep. Elijah Cummings](http://time.com/5533332/donald-trump-elijah-cummings-investigations/), chairman of the Committee on Oversight and Reform, released a response from the White House on Tuesday, with White House Counsel Pat Cipollone describing the committee’s request as “unprecedented and extraordinarily intrusive.”

Cipollone noted that he had offered to have the White House’s chief security officer brief the committee and have the committee review the processes for clearance approval, but that the committee did not deem this response sufficient.

While Cipollone wrote that the White House would continue negotiations with the committee “in good faith,” he argued that the scope of the requests represented an overstep of Congressional boundaries.

“These actions suggest that the Committee is not interested in proper oversight, but rather seeks information that it knows cannot be provided consistent with applicable law,” Cipollone argued.

Cummings promptly pushed back.

“The White House’s argument defies the Constitutional separation of powers, decades of precedent before this Committee, and just plain common-sense,” he said in a statement Tuesday.

Cummings, whose committee has the broadest oversight jurisdiction in the House of Representatives, had informed Cipollone in January that he was launching an investigation into the White House’s security clearance processes. In his letter explaining the investigation, he cited the ability of both [White House Senior Adviser Jared Kushner](http://time.com/5543163/jared-kushner-top-secret-clearance/) and former [National Security Advisor Michael Flynn](http://time.com/5054583/michael-flynn-putin-trump-power/) to obtain clearances, despite the fact that both men failed to disclose contacts with Russian officials.

Cummings’ requests included documents showing the way the Trump Administration may have altered the process; a comprehensive list of employees who had applied for security clearances and employees who had them revoked; all documents relating to the security clearance for Kushner, Flynn, Flynn’s son Michael Flynn Jr., current National Security adviser John Bolton, former White House staff secretary Rob Porter, former White House deputy assistant Sebastian Gorka, two of Flynn’ deputies, Robin Townley and K.T. McFarland; and documents about the memo former Chief of Staff John Kelly had written on security clearance reform.

The New York _Times_ [reported](https://www.nytimes.com/2019/02/28/us/politics/jared-kushner-security-clearance.html) Feb. 28 that Trump had ordered his Kelly to grant Kushner a security clearance, despite concerns voiced by both intelligence officials and the White House’s then most senior attorney, Don McGahn. One day later, Cummings sent what he said was his final request for documents before he would consider “alternative means to compel compliance” — widely interpreted as a subpoena.


The committee voted Feb. 26 to authorize its first round of subpoenas, which were sent to Attorney General William P. Barr, Secretary of Homeland Security Kirstjen Nielsen, and Secretary of Health and Human Services Alex M. Azar II requesting documents about the Administration’s family separation policy at the southern border.

Cummings made no mention of a subpoena in Tuesday’s statement, only stating that he would confer with committee members to gauge their thoughts on next steps. But given the warning he provided to the White House, it is likely still on the table.

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