Does the President Have Security Clearance?

[James Maule]

Whether it is true or not I haven't researched, but supposedly for some time in early 1942, the President was taken off the list of those who had access to the details of the code breaking in the Pacific. It apparently stirred up some controversy. Perhaps a military historian can enlighten us. And I'd suppose things have changed during the past 66 years.

Jim Maule

From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Sisk, Gregory C.
Sent: Wednesday, October 22, 2008 4:28 PM
To: RJLipkin at aol.com; CONLAWPROF at lists.ucla.edu
Subject: RE: Does the President Have Security Clearance?

When I was clerking for a federal court of appeals judge and national security related matters would come before the court sometimes accompanied by classified materials under seal, we clerks needed to obtain a security clearance if we were to have any access to the materials.  But the judge did not.  He'd always say with a smile that his security clearance was conferred by Article III of the Constitution.  Likewise, I would assume that the President automatically has access to any materials, classified, law enforcement related, etc., by virtue of his role as Chief Executive and Commander in Chief under Article II.

Gregory Sisk
Orestes A. Brownson Professor of Law
University of St. Thomas School of Law (Minnesota)
MSL 400, 1000 LaSalle Avenue
Minneapolis, MN  55403-2005
651-962-4923
gcsisk at stthomas.edu
http://personal2.stthomas.edu/GCSISK/sisk.html
Publications:  http://ssrn.com/author=44545

________________________________
From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of RJLipkin at aol.com
Sent: Wednesday, October 22, 2008 3:04 PM
To: CONLAWPROF at lists.ucla.edu
Subject: Does the President Have Security Clearance?

        I just received a call from a local radio talk show host asking me just how a president gets security clearance permitting him or her to have access to classified intelligence.  Let me be perfectly clear. I did not make up this question. So if anyone knows the process, I'd be grateful to hear about it. Off-Line replies are fine.

Bobby

Robert Justin Lipkin
Distinguished Professor of Law
Widener University School of Law
Delaware

Ratio Juris, Contributor:  http://ratiojuris.blogspot.com/
Essentially Contested America, Editor-In-Chief http://www.essentiallycontestedamerica.org/

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