Kushner Security Clearance Override: Intelligence Community Rejected, Trump Overruled
Kushner's initial SF-86 security clearance form, filed in January 2017, omitted more than 100 foreign contacts, including meetings with Russian ambassador Sergey Kislyak and Russian banker Sergey Gorkov. He amended the form multiple times. Career intelligence and law enforcement officials raised concerns about his business's financial entanglements with foreign nationals, including a $1.4 billion loan his family company received from Qatari-linked investors, and meetings he had had with foreign officials during the transition. Chief of Staff John Kelly wrote an internal memo stating he personally overruled the career professionals' recommendation against granting clearance. Trump later denied to journalists that he had ordered the clearance, contradicting Kelly's memo.
Record summary
Grade
Grade 2 of 5: Major Abuse of Power
Executive actions that exceed constitutional authority, circumvent statutory constraints, or weaponize government institutions for political ends. Scale and definitions
- Status
- Concluded
- Incident date
- Record updated
- Location
- Washington, D.C.
- Category
- Corruption & Self-Dealing
- Legal posture
- Reported
- War-crime classification
- Enabling conduct
- Verification
- Independently verified
- ICC relevance
- No
- Sources
- 4 cited
- Stable ID
trump-first-term-kushner-security-clearance-override- Victims
- U.S. national security interests potentially compromised by granting clearances to individuals career officials believed posed risks; intelligence community professionals whose assessments were overruled for family relationship reasons; American public relying on security clearance processes to protect classified information
- Alleged responsible parties
- Donald Trump, President; ordered Kushner's clearance granted over career officials' objections; later denied to journalists he had done so, contradicting his Chief of Staff's written memo— White House
- Jared Kushner, Senior White House adviser; son-in-law of President; omitted more than 100 foreign contacts from initial security clearance form; financial entanglements with foreign nationals raised intelligence community concerns— White House
Key points
- Kushner's initial SF-86 form, filed January 18, 2017, omitted more than 100 foreign contacts; the contacts included meetings with Russian Ambassador Sergey Kislyak, Russian banker Sergey Gorkov (head of a sanctioned Russian state-owned bank), and officials from multiple countries; he amended the form at least three times to add omitted contacts
- Career officials in the FBI and CIA raised concerns about Kushner's clearance due to his numerous omissions, his business's financial entanglements, his meetings with foreign nationals during the transition, and his family's real estate company's pursuit of financing from foreign investors with potential government connections
- Chief of Staff John Kelly wrote an internal memo documenting that he had overruled career professionals and personally granted Kushner's clearance at Trump's direction; this memo became known to the House Oversight Committee through whistleblower reports; Trump told New York Times reporters in January 2019 that he had not been involved in Kushner's clearance — a statement Kelly's memo contradicted directly
- A whistleblower, Tricia Newbold, came forward to the House Oversight Committee in March 2019 and stated that 25 individuals in the White House had been granted security clearances over the objections of career security officials; she stated that the overrides, including Kushner's, posed national security risks
- Kushner's family real estate company, Kushner Companies, had sought a $500 million bailout investment from the Qatari sovereign wealth fund during the 2016 transition; the investment did not materialize; months later, Kushner supported a Saudi-Emirati blockade of Qatar — a foreign policy decision that observers noted aligned with his personal financial interests and the interests of Qatar's regional rivals
- House Democrats sought testimony from Kushner and Kelly about the clearance process; the White House declined to cooperate with congressional subpoenas on the matter; the investigation was eventually superseded by other oversight priorities
Overview
Career intelligence officials said no. The Chief of Staff documented the override in writing. The president told journalists he had nothing to do with it. The written memo contradicted him.
The person who received the override was the president's son-in-law, whose initial security clearance form had omitted more than 100 foreign contacts.
The SF-86
A security clearance form requires disclosure of foreign contacts. Kushner filed his initial form two days before the inauguration. It omitted more than 100 contacts — including his meetings with the Russian ambassador and the head of a sanctioned Russian state bank.
He amended the form multiple times. By the time career officials were reviewing his application, they were working with a document that had been revised at least three times to add contacts that should have been there originally.
The Career Officials' Assessment
FBI and CIA officials reviewing the application raised concerns: the omissions, the financial entanglements, the transition-period meetings with foreign officials whose governments had interests in U.S. policy. Security clearance decisions at the Top Secret/SCI level are not made casually. Career officials are trained to identify the kinds of relationships that create vulnerability to foreign influence.
They recommended against granting the clearance. That recommendation was overruled.
The Kelly Memo
John Kelly documented the override in writing because he understood its significance. A Chief of Staff putting something in writing acknowledges a record will exist. Kelly chose to create that record.
Trump told the New York Times he had not been involved. Kelly's memo said he had.
The Qatar Coincidence
While Kushner's company had sought financing from Qatar's sovereign wealth fund — and not gotten it — Kushner was simultaneously serving as a senior foreign policy adviser. Months after the failed financing request, he supported the Saudi-Emirati blockade of Qatar. His family's company had a financial interest in Qatar's regional rivals and no investment from Qatar.
The intelligence community officials who review security clearances are specifically trained to identify this kind of foreign financial entanglement and its potential for compromising classified access.
They raised it. They were overruled.
Update log
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Based on February 2019 NYT reporting on Kelly memo.
Sequence of events
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Kushner files SF-86 — omits 100+ foreign contacts
Kushner files his initial security clearance form two days before inauguration. It omits more than 100 foreign contacts, including meetings with Russian Ambassador Kislyak and Russian state banker Gorkov. He will amend it at least three times.
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Intelligence community raises concerns — clearance process stalls
Career officials in the FBI and CIA raise concerns about Kushner's clearance based on his omissions, financial entanglements, and transition-period foreign contacts. His clearance remains interim for an extended period as concerns accumulate.
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Trump orders clearance granted — Kelly documents override in memo
Trump orders Kushner's security clearance granted over the career officials' objections. Chief of Staff John Kelly documents the override in a written memo, noting he is personally overruling the career professionals' recommendation.
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Trump tells NYT he had nothing to do with Kushner's clearance
Trump tells New York Times reporters he played no role in Kushner's security clearance. The statement directly contradicts Kelly's written memo. Ivanka Trump later makes similar statements.
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Whistleblower Newbold comes forward — 25 clearances granted over official objections
White House career security official Tricia Newbold testifies to the House Oversight Committee that 25 individuals received clearances over official objections, including Kushner. She says the overrides posed national security risks and describes retaliation she faced for raising concerns.
Sources
- Trump Ordered Kushner Given Security Clearance — The New York Times
- John Kelly's memo documents Trump overruling security clearance refusal for Kushner — The Washington Post
- Trump ordered Kushner's security clearance despite official objections — The Associated Press
- Whistleblower Report on Security Clearance Abuses — House Committee on Oversight and Reform