The attorney who represented the whistleblower involved in the situation that led to President Donald Trump’s first impeachment filed a lawsuit on Monday against the Trump administration, claiming “unconstitutional retaliation” after his security clearance was revoked.
Mark Zaid, the attorney, contended that the administration’s decision to rescind his clearance in March was retaliation for his role in representing former Homeland Security Director Brian Murphy, who played a significant part in the impeachment inquiry.
Murphy had filed a whistleblower complaint in 2019, alleging that Trump pressured Ukrainian President Volodymyr Zelensky to investigate the business dealings of then-presidential candidate Joe Biden and his son Hunter in Ukraine.
Later that year, the US House of Representatives impeached Trump for abuse of power and obstruction of Congress, but he was acquitted by the Senate.
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Zaid’s lawsuit, submitted to a federal court in Washington, DC, claims the withdrawal of his security clearance represents “dangerous and unconstitutional retaliation” against perceived political adversaries.
The lawsuit argues that the Trump administration broke the Administrative Procedure Act.
“Americans shouldn’t lose their jobs or be blocked from representing clients simply because the president has grievances against them or the individuals they represent,” Zaid remarked. “It’s not just about me. This situation is about using security clearance as a political tool.”
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The lawsuit references a 2019 incident where Trump referred to Zaid as a “three-ball” during a Louisiana rally, labeling lawyers as “disgraceful” and urging them to file lawsuits.
The action to revoke Zaid’s clearance is depicted as “a severe blow to essential constitutional rights—the right to advocate for a client in court or with federal agencies.” The lawsuit calls this an effort to limit Zaid’s capacity to represent others.
Trump had also revoked clearances from several other political figures, such as former President Joe Biden, former Vice President Kamala Harris, former Secretary of State Hillary Clinton, and his own former national security adviser, John Bolton, among others.
The lawsuit claims that the Trump administration violated the Administrative Procedure Act, as well as the First and Fifth Amendments.
Zaid is asking the court to declare Trump’s decision as unconstitutional and to restore his security clearance, which he has held since 2002, granting him access to classified information dating back to 1995.
The White House has been contacted for comments regarding the lawsuit.
