Trump loyalist to be installed as NSA's top lawyer

[scarletwoman]

Source: Politico via MSN

A former Republican operative and Trump loyalist will be installed as the NSA’s top lawyer just days before President-elect Joe Biden’s inauguration, the agency said in a statement on Sunday.

The announcement came one day after it was reported that acting Defense Secretary Christopher Miller had ordered the NSA’s director, Army Gen. Paul Nakasone, to install Michael Ellis in the position of the agency’s general counsel.

“Mr. Ellis accepted his final job offer yesterday afternoon,” the NSA said. The agency “is moving forward with his employment.”

-snip-

Shortly after the announcement, Sens. Mark Warner (D-Va.) and Jack Reed (D-R.I.) — who this week will become the chairs of the Senate Intelligence and Armed Services committees, respectively — asked the Pentagon’s inspector general to investigate the circumstances surrounding Ellis’ selection.

Read more: https://www.msn.com/en-us/news/politics/trump-loyalist-to-be-installed-as-nsas-top-lawyer/ar-BB1cPJli?ocid=DELLDHP

---

This is bad news. Yesterday it looked like this appointment might be forestalled, but no such luck.

Please go to the link and read the whole story, so you have all the pertinent information.

[BootinUp]

1. What are these people up to now. Hiding stuff I imagine.

[mysteryowl]

46. NPR said Biden would move him to another position.

[BlueIdaho]

58. Janitor at the Aleutian Islands listening post? nt.

[Bernardo de La Paz]

2. Paper shredding, disk scrubbing lawyer?

[LudwigPastorius]

27. Indeed.

If there was an alternative explanation for why all those Republicans backed Trump through his most egregious behavior and crimes (other than them being assholes) it would be that Trump had the NSA spying on anyone, and everyone, for blackmail purposes.

Makes sense that he'd want a loyal lawyer to scrub all records of his crimes before the investigations begin.

[Lock him up.]

60. Well, he can't scrub video tapes.

More (too much) than enough of his crimes and violations recorded on tape and video to lock him up for life.

[Cracklin Charlie]

3. Can't stop crimin'.

Pitiful state of affairs.

[niyad]

4. Bookmarking. WTAH?????

[hlthe2b]

5. My understanding is that he can be reassigned if not fired. Let him clean toilets.

[Cha]

17. I was looking for good news.. I

hope you're right.

It seems ridiculous that the Biden Admin would be stuck with some trump rat fucker like this.

[iluvtennis]

53. + agree. nt

[SunSeeker]

35. Yup. That's what Trump did with government scientists.

That forced many of them to resign from their civil service positions. Trump even moved whole offices out of DC. Folks with kids don't want to uproot their familes, so they quit.

[Phoenix61]

6. It's a civil service position so it shouldn't be hard

to get him out. When have any of Twitler’s picks been qualified for their position?

[scarletwoman]

8. No, it's just the opposite. Political appointees are easily removed, civil service positions

are protected and can only be dismissed for cause.

[Phoenix61]

14. But they have to be qualified. If he doesn't

meet the qualifications he can be terminated. Knowing how they were handing out clearances like bubble gum good chance he couldn’t pass the background check.

[scarletwoman]

18. As it says in the article, Dem Senators Mark Warner & Jack Reed are taking it to the Pentagon IG

for investigation.

Shortly after the announcement, Sens. Mark Warner (D-Va.) and Jack Reed (D-R.I.) — who this week will become the chairs of the Senate Intelligence and Armed Services committees, respectively — asked the Pentagon’s inspector general to investigate the circumstances surrounding Ellis’ selection.

His installation was opposed by Nakasone, who had hoped to delay it as long as possible, according to two people with knowledge of the situation who spoke on the condition of anonymity

Ellis’ installment creates a new headache for the incoming Biden administration. While the new administration could start the process of removing Ellis on day one, it’s unlikely he can be immediately replaced.

[orangecrush]

38. GOOD

Get him out.

[liberalmuse]

15. The person Trump wants to install can't pass a security clearance.

So I think that might be cause for removal.

[scarletwoman]

28. I would imagine, given his past positions, he already has a security clearance.

From the article:

Ellis, who worked as a lawyer for the Republicans on the House Intelligence Committee, was selected for the post in November by the Pentagon’s general counsel. He served as a National Security Council lawyer and most recently as its senior director for intelligence.

[JI7]

36. Becsuse Trump can overrule it . He did that for many people who didn't

pass background checks including Kushner and Ivanka.

[marie999]

45. They can be let go during there probation period up to 6 months.

[IsItJustMe]

62. Didn't t**** make an executive order that changed civil service employee's into political

appointments.

That would be ironic if Biden could use the same executive order that t**** created to oust this POS.

[scarletwoman]

63. IIRC, it involved a reclassification of certain positions to make them easier to fire.

I'm not sure it would apply in this case.

I'll check my bookmarks and see if I can find the original news item about it.

[Irish_Dem]

7. Something is up. Trump pulling this for a specific reason. nt

[SleeplessinSoCal]

9. agreed

[scarletwoman]

10. It's called "burrowing" - the main reason is to sabotage the Biden administration.

[Irish_Dem]

12. Yes, I agree, but I think something more specific is up. We will find out.

Just like all the military and security changes right before the insurrection.

[BusyBeingBest]

11. Foot-drag it. Lose some paperwork. Oops, lost the file.

Ask for more documents. Tell him his security clearance is still being completed. Oops, the system keeps kicking me out, going to have to re-enter everything. Etc.

[scarletwoman]

16. I think they've been doing this - Ellis was first proposed for this post in November.

Apparently, time is up. The NSA has made the job offer:

“Mr. Ellis accepted his final job offer yesterday afternoon,” the NSA said. The agency “is moving forward with his employment.”

[BrightKnight]

20. It is normal for clearance to take a long time to complete.

That is just for normal people in non-Covid times. I'm not sure that should be forced in the last couple of days for an unqualified political appointment in a non political position.

[bluestarone]

13. RUMPS too fucking DUMB to be doing this on his own!

There's a reason for this, so we'll soon see.

[JustABozoOnThisBus]

22. I'm sure he didn't think of it.

Bannon nay have a hand in this.

Donny, I got this great idea, and I hope you'll give me a pardon for it ...

[bucolic_frolic]

19. My guess re: declassifying lots of stuff

the non-existent "Obamagate", and probably a selective way things will be released. It's no longer about what's good for Trump.

[Lonestarblue]

24. That may be the reason. Trump has been trying to get something declassified.

I’m not sure what it is, but the Pentagon has been resisting. This toad was the former lead counsel for Devin Nunes—says a lot about his qualifications (or his corruption).

[Salviati]

25. As the president, he could declassify anything he wants to.

This can't be about that, it's likely about putting someone in place who can cover up what trump has been up to, or who can sabotage the incoming administration.

[ashredux]

21. Just don't give him any keys or passwords

[machoneman]

32. O.K. anhtoer easy-peasy. Give him some phony classified info he CAN'T release, let him leak it....

ala...Devin Nunes, his old boss, then arrest him. Slam-dunk!

[usajumpedtheshark]

23. Another republican mole. Why should important personnel changes be permitted during the transition?

[scarletwoman]

26. Lets hope this Congress can create some new laws that limit the powers of outgoing executives.

[BlueMTexpat]

29. Why can't this simply be undone by Biden?

?

[scarletwoman]

30. Because of the rules that govern civil service jobs.

That's why this is so insidious.

[BlueMTexpat]

64. But if this is a

political appointment, that generally goes outside the regular civil service procedure.

I thought that different rules governed.

[scarletwoman]

65. It's a career civil service position, not a political appointment - even though it looks like

the latter.

See WaPo article on this situation: NSA is ‘moving forward’ to install Michael Ellis, a former GOP operative, as its top lawyer, the agency said

The announcement came a day after acting defense secretary Christopher C. Miller ordered the NSA director, Gen. Paul Nakasone, to immediately place Ellis in position as the agency’s general counsel.

Ellis had been selected for the job in November by the Pentagon general counsel after a civil service competition. But Nakasone was not in favor of Ellis’s selection and sought to delay his installation, according to several people familiar with the issue, who, like others, spoke on the condition of anonymity because of the matter’s sensitivity.

-snip-

In a statement, Pentagon public affairs officer Russell Goemaere said once a candidate is selected through the merit system, meets the job requirements and accepts an offer, if the person is not installed, “it exposes the department, agency and senior leadership to claims for a violation of the merit system principles and processes.” Congressional or media attention to a hiring decision are not justification “to delay placing a selected qualified individual in a position,” he said.

Ellis was selected under pressure from the White House, people familiar with the matter said at the time. The move drew criticism from national security legal experts as an attempt to politicize a career position. (more at link)

[BlueMTexpat]

66. Thanks for your explanation.

I usually don't read WaPo articles because I haven't subscribed.

[scarletwoman]

67. You're welcome.

Btw, I subscribed to WaPo as soon as trump got into office, and I haven't regretted it - it's been invaluable and well worth it.

[machoneman]

31. Easy. Arrest him Day1 on a host of charges. Sedition, by-passing Congressional review, lying on his

application. Makes no diffrence if most are untrue.

Forestall him as long as possible and have the new A.G. launch a many year's-long probe ala' Benghazi! That'll tie him up. And until he's actually LEGALLY installed (if ever) he must spend his own money to defend himself.

[COL Mustard]

33. The Dude Is 32

What a farce.

Nothing against any 32-year olds.

[SunSeeker]

34. Sickening. Fire that traitor while he's on his probationary period! This is bullshit!!

[hlthe2b]

37. Malcom Nance has commented some reassurance on this to Gen. Barry McCaffrey:

Never fear General. Monday is a day off so he starts Tuesday 0900 for In processing briefings up at Fanx. Also there is the small matter of actually passing a REAL full spectrum lifestyle/CI polygraph first soooo they should be able to inform him he’s fired at 12:01 Wednesday.

Link to tweet

[orangecrush]

40. ...

[scarletwoman]

41. Thank you for this post. I hope Malcolm Nance is correct about this.

[FSogol]

61. Put him in the job, feed him misinformation & charge him w/ treason when he releases the fake info

[orangecrush]

39. He can and will be removed

Call him before congress to testify on his "views".

[turbinetree]

43. Exactly....................

bring his ass before Congress................and what Malcom said give him a polygraph and he can't be installed after 12:01 on Wednesday then problem solved ..................

[keithbvadu2]

42. GOP deep state

[ancianita]

44. It could be a way to keep an eye on how classification had worked, make him subject to testimony.

If they polygraph him and can fire him by Wednesday, they can make him a target of congressional intel investigation, which might give some evidence about what Trump could offload for $$.

This could work in Biden's favor, and I'm pretty sure Biden's team knows what they're doing.

[marie999]

47. He can't see any files without a top secret clearance and a need to know.

He can't even walk down a corridor unless his badge has a color code that matches the color stripe on the floor. The Marine guards won't let him. He wants to see a file I am sure the director will make sure he sends in the correct form and states exactly why he needs to see that file. By then Biden is president and he is out of a job. He is a lawyer, not an analyst.

[William769]

48. Can President Biden just change the position from civil servant position to political position?

Hasn't trump already done a lot of those? Or am I confusing this with something else?

[scarletwoman]

49. I think it's going to be taken care of. See below for an excerpt from the WaPo:

https://www.washingtonpost.com/national-security/the-nsa-is-moving-forward-to-install-michael-ellis-a-former-gop-operative-as-its-top-lawyer-the-agency-said-sunday/2021/01/17/b8430e8c-58e2-11eb-a976-bad6431e03e2_story.html

“This is a transparent effort to subvert civil service rules,” said Susan Hennessey, a former lawyer in the NSA’s Office of General Counsel who is now a senior fellow in governance studies at the Brookings Institution. “No one could possibly defend this apparent hiring process as being free from impermissible political interference. If the NSA director has been given a direct order to install Ellis in this role, despite serious concerns regarding the legality of doing so, then he has no alternative.”

On Wednesday at noon, Hennessey said, a newly sworn in President Biden will have a range of legal remedies to remove Ellis from the position — at least until outstanding legal, and qualification questions are resolved.

Once Biden has in place a new general counsel, that person may be able to fire Ellis, if, for instance, he or she determines that Ellis was installed in violation of the law or of policies preventing the embedding of political personnel into career civilian positions before a change in administration, Hennessey said. Ellis’s last post before moving to the NSA was White House senior director for intelligence, a political position.

Ellis could challenge that removal, but the burden would be his to demonstrate the process was regular, Hennessey said.

A new general counsel would also be able to reassign Ellis within the sprawling universe of civilian Defense Department agencies as long as it is to a position of equal rank in the defense intelligence senior executive service, she said.

The Biden team is reviewing its options for dealing with political appointees who are embedded or “burrowed” into career positions just before the new administration takes over, said a person familiar with the matter.

[William769]

50. Thank you for this.

[scarletwoman]

51. You're welcome. I didn't find the WaPo article until long after I first posted my OP.

I was glad for more information.

[William769]

52. That's how it goes sometimes.

You are one of the DUER's I trust with updating their OP's. Thanks again.

[scarletwoman]

54. Thank you for such kind words!

[C Moon]

55. Trump is going to do this crap until Biden is in.

I believe he’ll be shocking the world with some more pardons.

Once he’s out, he’ll be screaming for Biden’s impeachment by making up lies and rallying those boneheads. He ain’t going nowhere.

[scarletwoman]

59. Hopefully, once trump's out he'll be too busy fighting off lawsuits to do much mischief to Biden.

[quakerboy]

56. I decline to believe

that any trump loyalist is clean enough that real, legitimate "cause" cant be found to have them terminated from any position of real responsibility or authority.

[scarletwoman]

57. I believe you are quite correct!