Suspension of Security Clearances and Evaluation of Government Contracts

Memorandums

TLDR

This memorandum directs the immediate suspension of security clearances for Peter Koski and certain Covington & Burling LLP employees who assisted former Special Counsel Jack Smith, terminates government engagements with the firm where legally possible, requires review of all contracts with the firm, and instructs agency heads to align funding decisions with administration priorities regarding “ending weaponization of the Federal Government.”

This memorandum directs several key actions:

  1. The Attorney General and other agency heads must immediately suspend active security clearances held by Peter Koski and Covington & Burling LLP employees who assisted former Special Counsel Jack Smith, pending a review of their roles in what the memo characterizes as “weaponization of the judicial process.”

  2. The Attorney General and agency heads are directed to terminate any engagement with Covington & Burling LLP to the maximum extent permitted by law.

  3. The Office of Management and Budget must issue a memorandum to all agencies to review all government contracts with Covington & Burling LLP.

  4. Agency heads are instructed to align funding decisions with “the interests of the citizens” and administration priorities, specifically referencing Executive Order 14147 on “Ending the Weaponization of the Federal Government.”

This memorandum appears to target individuals and a law firm connected to former Special Counsel Jack Smith, who led investigations into former President Trump, including the classified documents case and the January 6th investigation. Covington & Burling is a prominent Washington DC law firm that has represented various clients in high-profile matters.

The directive raises several concerns:

  • The memorandum potentially uses executive power to target specific individuals and a private law firm based on their previous work in legal proceedings involving the President.
  • Security clearance suspensions are typically based on specific security concerns rather than participation in legal proceedings.
  • The memo could be interpreted as retaliatory action against those who participated in lawful investigations.

Practical Implications

  • The suspension of security clearances could immediately impact ongoing national security work being performed by these individuals.
  • Government agencies with existing contracts with Covington & Burling may face disruption in legal services.
  • The review of all government contracts with the firm could affect numerous federal matters across agencies.

The memorandum concludes with standard language clarifying it creates no enforceable rights, which is typical of presidential memoranda but does not address the potential legal challenges that could arise from its implementation.

MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF DEFENSE THE ATTORNEY GENERAL THE SECRETARY OF ENERGY THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET THE DIRECTOR OF NATIONAL INTELLIGENCE THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT

SUBJECT: Suspension of Security Clearances and Evaluation of Government Contracts

I hereby direct the Attorney General and all other relevant heads of executive departments and agencies (agencies) to immediately take steps consistent with applicable law to suspend any active security clearances held by Peter Koski and all members, partners, and employees of Covington & Burling LLP who assisted former Special Counsel Jack Smith during his time as Special Counsel, pending a review and determination of their roles and responsibilities, if any, in the weaponization of the judicial process. I also direct the Attorney General and heads of agencies to take such actions as are necessary to terminate any engagement of Covington & Burling LLP by any agency to the maximum extent permitted by law and consistent with the memorandum that shall be issued by the Director of the Office of Management and Budget.

Additionally, if any of the covered Covington & Burling LLP members, partners, and employees referenced in this memorandum obtained a security clearance from an agency not included as an addressee of this memorandum, the Director of the Office of Personnel Management shall provide this memorandum to the appropriate clearance-granting agency to ensure compliance.

I further direct the Director of the Office of Management and Budget to issue a memorandum to all agencies to review all Government contracts with Covington & Burling LLP. To the extent permitted by applicable law, heads of agencies shall align their agency funding decisions with the interests of the citizens of the United States; with the goals and priorities of my Administration as expressed in executive actions, especially Executive Order 14147 of January 20, 2025 (Ending the Weaponization of the Federal Government); and as heads of agencies deem appropriate.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.