Judge blocks Trump effort to strip security clearance from attorney who represented whistleblowers

A federal judge has blocked the Trump administration from enforcing a presidential memorandum that would have revoked the security clearance of prominent Washington attorney Mark Zaid, ruling that the order cannot be applied to him.

U.S. District Judge Amir Ali in Washington granted Zaid’s request for a preliminary injunction on Tuesday, following the attorney’s May lawsuit against the Trump administration. The case represents the second legal setback for President Donald Trump’s administration that day, after the Supreme Court declined to allow the deployment of National Guard troops in Chicago.

The March memorandum, which targeted Zaid and 14 other individuals, claimed they were “unsuitable” to retain security clearances because it was “no longer in the national interest.” Zaid’s lawsuit characterized the revocation as “improper political retribution” that would threaten his ability to represent clients in sensitive national security cases.

Judge Ali wrote in his order, “This court joins the several others in this district that have enjoined the government from using the summary revocation of security clearances to penalize lawyers for representing people adverse to it.” He clarified that the government could still revoke Zaid’s clearance through normal agency processes for reasons independent of the presidential memorandum. The preliminary injunction will take effect on January 13.

The list of individuals targeted by the March memorandum included several figures who have faced Trump’s public criticism, including former Deputy Attorney General Lisa Monaco, New York Attorney General Letitia James, former President Joe Biden, and members of Biden’s family.

Zaid has built a reputation over nearly 35 years representing clients across the political spectrum, including government officials, law enforcement personnel, military officials, and whistleblowers. His high-profile representation includes an intelligence community whistleblower in 2019 whose disclosure about a conversation between Trump and Ukrainian President Volodymyr Zelenskyy contributed to Trump’s first impeachment proceedings.

In a statement following the ruling, Zaid said, “This is not just a victory for me, it’s an indictment of the Trump administration’s attempts to intimidate and silence the legal community, especially lawyers who represent people who dare to question or hold this government accountable.”

The case is part of a broader pattern of retributive actions taken by the Trump administration since returning to the White House. In August, the administration announced plans to revoke security clearances from 37 current and former national security officials. The president has also directed specific Justice Department investigations against perceived adversaries and issued executive orders targeting law firms whose legal work he opposes.

Security clearance revocation has emerged as one of Trump’s preferred tactics against political opponents, lawyers, and intelligence officials who have crossed him. Legal experts note this approach raises significant concerns about the separation of powers and potential infringement on individuals’ due process rights.

The court’s decision represents a significant check on executive power and emphasizes the judiciary’s role in ensuring that presidential actions comply with legal standards. It also highlights the challenges the administration faces in implementing sweeping policy changes that may conflict with established legal precedents.

National security law experts suggest the ruling could have implications for other individuals targeted by similar orders, potentially leading to additional legal challenges against the administration’s security clearance decisions.

The case underscores the ongoing tension between the executive branch’s authority over security clearances and the judiciary’s responsibility to protect individual rights, particularly when those clearances are essential to professionals’ ability to perform their work in national security contexts.