Security clearances, annexations and encirclements

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Sep 30, 2022 View in browser   By Bryan Bender, Alexander Ward and Lawrence Ukenye The inaction is sparking complaints that the Pentagon wants to keep the power to pull security clearances without what they see as the stronger and fairer review process that is afforded contractors. | Alex Brandon/AP Photo With help from Paul McLeary and Daniel Lippman Subscribe here | Email Alex The Pentagon is being accused of again blocking long-sought reforms that would give military and civilian personnel the same appeals process as contractors when their security clearances are revoked or denied. The changes, laid out in a January 2021 directive from EZRA COHEN , then the acting undersecretary for intelligence, would "simplify, centralize and unify" the process by putting all security clearance appeals under the independent Defense Office of Hearings and Appeals, which is staffed by career administrative law judges who are steeped in the legal issues. Still working on it: The deadline to enact the changes was today. But so far, the Pentagon has not implemented the specific reforms. The inaction is sparking complaints that the Pentagon wants to keep the power to pull security clearances without what they see as the stronger and fairer review process that is afforded contractors. "For DoD not to implement this reform right now when it's ready to go is an insult to millions of people and the rule of law," charged MARK ZAID , a national security lawyer who represents clients seeking to recover their security clearances. "This impacts tens and tens of thousands of people that face adverse actions." A (sort of) response: DoD spokesperson SUSAN GOUGH told NatSec Daily that the department "is committed to the continual improvement of our vetting procedures to protect our national security while providing for a fair review process." She said the undersecretary of intelligence is continuing to evaluate the "implications associated with the consolidation of the administrative processes" for DoD personnel and contractors. The backstory: The debate has roots in a 1959 Supreme Court case, Green v. McElroy , in which a Navy contractor accused of being a communist had his security clearance revoked. The high court ruled in the contractor's favor and President DWIGHT EISENHOWER issued an executive order establishing the appeals process in such instances. "The problem is, 60 years later, civilian employees and military personnel have less substantive due process than contractors that work for the U.S. government," Zaid said. Try and try again: Previous attempts to fix the loophole have been scuttled. In a 2011 memo, then-Defense Secretary ROBERT GATES called consolidating what he called "overlapping security clearance appeal boards." The Government Accountability Office also recommended similar reforms in 2014. Cohen, who is now a fellow at the conservative Hudson Institute, said he thinks there is support for the changes inside the bureaucracy, but that senior intelligence officials are digging in their heels. "I don't think that the department as a whole is against these reforms," he told NatSec Daily. "I think there are certain people in the department that are hesitant about it because they feel it will somehow give up their authority." But Cohen said he's holding out hope for "one system for all."   STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.     The Inbox PUTIN ANNOUNCES ANNEXATIONS: During one of his most anti-Western speeches to date (if not the most), Russian President VLADIMIR PUTIN announced the annexation of four Ukrainian territories following sham referendums. "I'm sure the federal assembly will support the laws of formation of the four new regions in Russia, four new subjects of the Russian Federation," Putin said in a speech Friday at the Kremlin, per Bryan and our own KELLY HOOPER. "Because this is the will of millions of people." Putin promised to defend these areas with "all available means" — a not-so-vague allusion to nuclear weapons. Adm. Sir TONY RADAKIN, Britain's chief of defense staff, told our own PAUL McLEARY and a small group of reporters that Putin's moves show him "responding from a point of weakness and desperation." Proclaiming parts of Ukraine as now Russian with no international backing or legitimacy is nothing more than "the invented reality of Putin, and the actual reality is that he's declared these four territories as part of Russia, but he doesn't even have control of those four territories." Much of the world won't recognize the land grab, and it's unclear how the people in Luhansk, Donetsk, Kherson and Zaporizhzhia will respond. Ukraine, in the meantime, made its own move: It is applying for accelerated membership into NATO, Ukrainian President VOLODYMYR ZELENSKYY and his aides announced. President JOE BIDEN said Friday that Putin's action "have no legitimacy" and called on the global community to reject the annexation attempts. Minutes later, the administration announced sanctions on more than 1,000 Russian people and firms, including some family members of senior Russian officials, as well as members of Russia's legislature and defense industry. The U.K. also announced sanctions of their own, showing there's a transatlantic response to Putin's action. RUSSIAN MISSILE STRIKE ON CIVILIANS: Suspected Russian missile strikes on a civilian convoy Thursday killed at least 25 people, the Washington Post's LOUISA LOVELUCK reported. "Some were doctors, crossing battle lines to conduct lifesaving surgeries in hospitals that Russian forces have failed to adequately restock. Others were ordinary civilians trying to rescue loved ones who were too elderly or infirm to make the journey themselves," she wrote of the people that traveled to the Zaporizhzhia region to deliver aid and rescue relatives. "Ukrainian officials said the missiles appeared to have been fired from an S-300 surface-to-air system." ENCIRCLEMENT AT LYMAN: Ukrainian troops have encircled Russian forces in Lyman, a stronghold for the invaders in Ukraine's east, Reuters' TOM BALMFORTH reported. The claim by a Ukrainian military spokesperson, if true, per Balmforth means "Russia is on the cusp of a new setback in its military campaign in the Donbas region" — one of the four Putin claimed to annex Friday. "All the approaches and logistic routes of the enemy, through which they delivered ammunition and manpower, are in fact under fire control [of Ukraine]," said SERHII CHEREVATYI, the spokesperson for eastern Ukrainian forces. Lyman, per Balmforth, "has served for months as a logistics and transport hub anchoring Russian military operations in the north of Donetsk province. Its capture would be Kyiv's biggest gain since a lightning counter-offensive retook swathes of Kharkiv region this month." MYKHAILO PODOLYAK, a Zelenskyy adviser, told POLITICO's SERGEI KUZNETSOV that such wins will continue even after the Russian military mobilization. "This army is being replaced by absolutely untrained people. A living resource has been thrown onto the front lines, and it will simply be exterminated." DRINKS WITH NATSEC DAILY: At the end of every long, hard week, we like to highlight how a prominent member of Washington's national security scene prefers to unwind with a drink. Today, we're featuring Rep. JAKE AUCHINCLOSS (D-Mass.), the first-term congressman and former Marine. When he's not talking about energy policy, the Newton native enjoys downing a Dr. Pepper at District Taco. "But if it's a rough day on the Hill, a gin and tonic at La Collina." Cheers! IT'S FRIDAY. WELCOME TO THE WEEKEND: Thanks for tuning in to NatSec Daily. This space is reserved for the top U.S. and foreign officials, the lawmakers, the lobbyists, the experts and the people like you who care about how the natsec sausage gets made. Aim your tips and comments at award@politico.com , and follow me on Twitter at @alexbward. While you're at it, follow the rest of POLITICO's national security team: @nahaltoosi, @woodruffbets, @politicoryan, @PhelimKine, @BryanDBender, @laraseligman, @connorobrienNH, @paulmcleary, @leehudson, @AndrewDesiderio, @magmill95 and @Lawrence_Ukenye. A message from Lockheed Martin: Our mission is to prepare you for the future by engineering advanced capabilities today. Many of today's military systems and platforms were designed to operate independently. Through our 21st Century Security vision, Lockheed Martin is accelerating innovation, connecting defense and digital to enhance the performance of major platforms, to equip customers to stay ahead of emerging threats. Learn more.   Flashpoints U.S. ARMY DOCTOR CHARGED FOR HELPING RUSSIA: A U.S. Army doctor and their spouse were charged Thursday with providing medical information to aid Russia's war in Ukraine, per a federal indictment. ANNA GABRIELIAN, a Baltimore-based anesthesiologist, and JAMIE LEE HENRY, a major who made headlines as the first openly transgender active-duty Army officer, "conspired to cause harm to the United States by providing confidential health information of Americans associated with the United States government and military to Russia," per a news release of the indictment. Starting on Aug. 17, Gabrielian and Henry provided individually identifiable health information to someone they thought was working for the Kremlin. But that person was actually an FBI undercover agent. GUNFIRE IN BURKINA FASO: Heavy gunfire and blasts have been heard throughout Burkina Faso, raising fears of another coup, Reuters reported. Soldiers have restricted access to administrative buildings and state television has stopped broadcasting. A military junta took power in Burkina Faso in January after ousting former President ROCH KABORE with hopes of countering terrorism being carried out by al Qaeda and other extremist groups. The U.S. embassy has urged American citizens to limit their movement. Keystrokes FORMER NSA STAFFER CHARGED WITH ESPIONAGE: The Department of Justice charged JAREH SEBASTIAN DALKE , a former employee of the National Security Agency, with spying on behalf of an unnamed foreign government. Throughout August and September, Dalke transmitted three classified documents to someone he thought was working for another country. That person, though, was an FBI agent. If found guilty under the Espionage Act, Dalke could face the death penalty or up to life in prison. Being convicted under the Espionage Act could lead to the death penalty or any number of years up to life in prison. The Complex LITHUANIA BOOSTS DEFENSE BUDGET: Lithuania plans to spend more on defense to purchase HIMARS, Oshkosh joint tactical vehicles and Switchblade drones from the U.S., Defense News' JAROSLAW ADAMOWSKI reported. The NATO member and former Soviet state has sought to boost its defense ties with the U.S. following Russia's invasion of Ukraine, hiking its defense budget by nearly $145 million. Lithuania has joined regional allies in supplying Ukraine with weapons, raising fears that supporting Kyiv might be chipping away at their own defensive capabilities. On the Hill CHINA GRAND STRATEGY COMMISSION: Three senators have introduced bipartisan legislation to form a China Grand Strategy Commission to develop an overall plan to deal with Beijing. Sens. ANGUS KING (I-Maine), JOHN CORNYN (R-Texas) and TIM KAINE (D-Va.) based the idea of the two-year panel on the Cyberspace Solarium Commission, which provided proposals to secure the U.S. in cyberspace. The group would consist of two co-chairs, chosen by Congress and the president, six executive branch members, two senators, two House members and eight individuals in the private sector. The goal is to add the bill as an amendment to the 2023 NDAA. "There is too much at stake to face this threat shortsightedly — we simply cannot afford an ad hoc China policy that lacks a long-term strategy without accounting for all the instruments of power," King said in a statement. Broadsides PUTIN BLAMES WEST FOR PIPELINE LEAK: As part of his annexation and anti-West diatribe, Putin also blamed the U.S. and its European allies for damaging Nord Stream pipelines, Reuters reported. The Russian president asserted that the U.S. would solely benefit from any shortfalls in European energy infrastructure. "The sanctions were not enough for the Anglo-Saxons: they moved onto sabotage," Putin said. "It is hard to believe, but it is a fact that they organized the blasts on the Nord Stream international gas pipelines." U.S. officials, who believe it's too early to confirm who is responsible for the burst, have dismissed any claims that the sabotage was directed by Washington. Russia is the top suspect in both the U.S. and Europe.   SUBSCRIBE TO POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don't miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY.     Transitions — FIRST IN NATSEC DAILY: HANNAH EDWARDS is now White House liaison at the Department of Homeland Security, DANIEL LIPPMAN has learned. She most recently was director of scheduling and advance for the U.S. Trade Representative. — Lt. Gen. CHANCE SALTZMAN was confirmed by the Senate to be a four-star general and the second Space Force chief of space operations. Saltzman succeeds Gen. JAY RAYMOND, the service's first leader since its inception in 2019. — Air Force Gen. ANTHONY COTTON was also confirmed as the next commander of U.S. Strategic Command, succeeding Adm. CHARLES RICHARD. — The National Defense Industrial Association has welcomed Lexair Corporation President and CEO PAULA EDWARDS and Beacon Interactive Systems CEO and Co-Founder ML MACKEY to its executive committee. The organization also added 13 newly elected members to the board of directors.     What to Read — ALEXANDER GRAY, War on the Rocks: Guarding The Pacific: How Washington Can Counter China In The Solomons And Beyond — KIANA HAYERI, The New York Times: A Year Under the Taliban  — FARIDA RUSTAMOVA and MAXIM TOVKAYLO, The Moscow Times: Putin Always Chooses Escalation Monday Today — The Wilson Center, 10 a.m.: "Ukrainian Attitudes of War and Peace: Complex Dilemmas of Wartime" — The House Homeland Security Committee, 10 a.m.: "Countering Violent Extremism, Terrorism, and Antisemitic Threats in New Jersey" — The Center for Strategic and International Studies, 12:30 pm.: "Russia's Operations in Ukraine: A Conversation with ASD CELESTE WALLANDER" — The U.S. Chamber of Commerce, 4 p.m.: "The Ongoing Russia-Ukraine Conflict Where We're Heading and Geopolitical Implications" Have a natsec-centric event coming up? Transitioning to a new defense-adjacent or foreign policy-focused gig? Shoot me an email at award@politico.com to be featured in the next edition of the newsletter. And thanks to our editor, Heidi Vogt, who we won't make fun of — just this once — because it's her first day working with us on the newsletter. A message from Lockheed Martin: Our mission is to prepare you for the future by engineering advanced capabilities today. Many of today's military systems and platforms were designed to operate independently. Through our 21st Century Security vision, Lockheed Martin is accelerating innovation, connecting defense and digital to enhance the performance of major platforms, to equip customers to stay ahead of emerging threats. Learn more.     Follow us on Twitter Alex Ward @alexbward   Follow us

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