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‘They have promised retribution and retaliation’: the Washington lawyer Trump is targeting

Mark Zaid knew he would be targeted if Donald Trump won re-election.

The lawyer, who specializes in national security cases, has long been on the US president’s bad side. He represented a whistleblower with knowledge of Trump’s plot to extort Ukraine during Trump’s first impeachment. He frequently talks to the media to critique Trump. His clients include a host of people who are suing the government.

He has received a barrage of threats for being publicly anti-Trump. After Trump railed against him at a rally, a man emailed Zaid a death threat and was prosecuted for it, sentenced to a year in prison. Zaid’s social media pages still include calls for him to be tried for treason.

It’s safe to say, he’s drawn the ire of Trumpworld.

Still, seeing his name in a presidential memo in March alongside high-profile elected and appointed Republicans and Democratic officials, including a former president, surprised him. They seemed like way bigger fish.

The memo revoked the security clearances of Joe Biden and his entire family, Hillary Clinton, Kamala Harris, Adam Kinzinger, Liz Cheney and a handful of others. The memo doesn’t detail why these clearances were revoked, simply saying that it was “no longer in the national interest” for these people to have any access to classified information.

“I have no idea why I’m on that list,” Zaid told the Guardian. “The action against me, I get … It’s perfectly consistent with what I expected from him and his administration, but to have me included on that list and the order of our names, why? Why am I fourth, ahead of the president and vice-president?”

Trump frequently promised retribution on the 2024 campaign trail. Once he was elected, he and his allies moved quickly to enact a revenge agenda, going after law firms, people who have criticized him, prosecutors who worked on January 6 cases, students who participated in protests, universities, and others who worked to undermine his agenda. The list is long and growing.

Zaid had publicly said he was advising a “small number” of his clients to consider leaving the country around the time of Trump’s inauguration, in case they could be arrested, like those who have served as whistleblowers. “I’m taking him and his inner circle at their word. They have promised retribution and retaliation,” he told Politico last November.

Now that he’s personally been targeted, he is fighting back. He sued the Trump administration over the revocation, arguing the order was unconstitutionally vague, that his and his clients’ rights to due process were violated and that it impedes first amendment rights to free speech and association and the right to petition the government for grievances.

A judge heard oral arguments in the case on 27 June.

The White House said the courts don’t have a role in deciding this issue. “The decision to grant any individual access to this nation’s secrets is a sensitive judgment call entrusted to the President,” White House spokesperson Harrison Fields said in a statement to the Guardian. “Weighing these factors and implementing such decisions are core executive powers, and reviewing the President’s clearance decisions falls well outside the judiciary’s authority.”

Zaid said he filed the lawsuit to ensure due process and the rule of law are followed and to emphasize that the president is not a king. He wants his security clearance back, but he said he knows he’ll get it back at some point, whether through the courts or in a subsequent presidential administration.

“I didn’t do anything. I’m caught up in this political, vindictive battle, so my hope is the lawsuit certainly will reinstate my clearance, but will also hold this administration accountable to the rule of law,” he said.

Zaid makes his living in part on having access to sensitive materials. His clients – which include “current and former federal employees, military service members, and government contractors” – seek him out because of his expertise and sensitivity in cases where they need to share classified information with a trusted attorney. His clients and potential clients have lost their ability to use his services.

His ongoing cases have been affected, too: after the memo was released, he received a letter from the Central Intelligence Agency’s general counsel that said not only could he not access any classified information going forward, but he also couldn’t “make use of classified information” in his current cases that involve the agency. That would prevent him from working on his Anomalous Health Incidents, or Havana Syndrome, cases.

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In one case referenced in his lawsuit, he was denied access to an already-filed classified complaint for one of his clients.

One of the lawyers representing Zaid, Norm Eisen, also had his security clearance revoked in the same memo. Zaid’s lawsuit is “a landmark case that will establish that, whatever the permissible grounds may be of taking away security clearances, it’s illegal to do them as an act of revenge, which is what happened here”, Eisen said.

Eisen said his own inclusion on the list and the broader retaliation agenda have solidified his resolve – more of a “defrosting effect” than the chilling effect others have described after Trump’s attacks.

“One thing that autocratic bullies everywhere start off with is attacking and threatening their enemies,” Eisen said. “So if you’re an American who loves your freedom, and we all do, you should understand these threats as part of a larger pattern. There’s no place for that in the United States. This kind of behavior is un-American.”

In his lawsuit, Zaid has drawn attention to the political and personal nature of the Trump administration’s comments about him. Trump, during the 2019 impeachment, called Zaid a “sleazeball” and said he should be sued and maybe tried for treason, alluding to the a 2017 tweet in which Zaid said the “#coup has started” after officials tried to prevent some of Trump’s actions.

The director of national intelligence, Tulsi Gabbard, who tweeted before the memo that Trump had directed her to revoke the clearance, told rightwing commentator Megyn Kelly that revoking clearances including Zaid’s was “fun”. Gabbard also issued a press release that described those who lost their clearances as people who “abused public trust for political purposes”.

Zaid said he’s concerned about the chilling effect on the legal field after Trump’s repeated attacks on lawyers and firms.

“I know a number of lawyers who I’ve tried to get involved with certain things where they just don’t want to run afoul of this administration because they know how vindictive they are,” he said.

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