WASHINGTON, D.C. (Bloomberg Law) — Washington lawyer Mark Zaid’s security clearance gives him access to information, like whether a client works for the Central Intelligence Agency and what happened to the US intelligence officers he represents who are suffering from “Havana Syndrome.”
Zaid is one of a relatively small number of lawyers with “full” security clearances, he says, listed in databases with mysterious titles such as the Director of National Intelligence’s “SCATTERED CASTLES” and “DISS” at the Defense Department. The status, which Zaid has had for 23 years, allows him to be quickly granted access to classified material impacting his clients.
Now Zaid is part of another select group of lawyers: Those whose security clearances President Donald Trump wants to revoke. He believes he’s being retaliated against for representing a whistleblower whose claims led to Trump’s first impeachment.
“That is not how this system ever has worked,” Zaid said in an interview. “It is unprofessional, un-American, unethical, and just in total poor taste.”
The president also is pulling clearances for lawyers at two major firms, Perkins Coie and Covington & Burling. The moves sent shock waves through the legal industry, but it’s unclear how much impact they will have on the firms’ bottom lines.
“For a lawyer that practices in the security or intelligence arena, the fact that your clearance has been revoked could have a substantial impact on their business,” said Greg Rinckey, a former Army Judge Advocate General who represents clients in security clearance matters. “That’s because they aren’t able to review classified documents anymore or have access to specific buildings.”
It’s unknown how many attorneys at Perkins Coie and Covington have been granted clearances. Lawyers do not typically advertise their security clearance status.
Trump’s orders appear to be more about making political statements against Democrat-aligned firms than gutting their business, said John Berry, a lawyer who represents federal employees seeking security clearances.
“Most attorneys do not have permanent security clearances,” he said. “That’s not going to impact their business that much unless they’re working on some federal contract that requires them to have a security clearance.”
Client Shuffle
Trump on Thursday issued an executive order directing the Justice Department and the DNI to suspend active security clearances held by any individuals at Perkins Coie, a large firm with more than 1,000 attorneys.
The firm’s “dishonest and dangerous” activity has “affected this country for decades,” Trump said in the order. Perkins Coie hired Fusion GPS, the president said, which was involved in crafting the Steele Dossier that led to investigations over Trump’s relationship with Russia.
He took similar action last month against Covington & Burling, which has represented former Special Counsel Jack Smith.
Critics slammed the orders as attempts to chill lawyers from representing parties adverse to the president and his administration. Perkins Coie intends to challenge the order against the firm, which it called “patently unlawful.”
Many lawyers receive clearances on a case-by-case basis, national security experts said. A federal agency will sponsor the lawyer’s request for a clearance, allowing the attorney to review classified evidence in a specific case.
The clearances can grant lawyers access to certain federal buildings or to secure rooms where the evidence is kept, known as SCIFs.
That became an issue in the criminal case against Trump over his possession of classified documents at Mar-a-Lago. Trump’s lawyers objected to the government’s request that they only access the classified material in a SCIF. They applied for security clearances to see the documents themselves.
Big Law firms like Perkins and Covington could be more significantly impacted if they are handling major litigation or transactional matters for defense contractors interacting with the federal government. Those companies’ lawyers often require security clearances, experts said.
Perkins Coie’s clients include massive contractors like Boeing, Microsoft, Noble Supply, and Northrop Grumman, according to its website. Covington’s government contracts practice represents “large aerospace and defense contractors,” according to its website.
