Left: President Donald Trump listens during a swearing successful ceremonial for Dr. Mehmet Oz to beryllium Administrator of the Centers for Medicare and Medicaid Services, successful the Oval Office of the White House, Friday, April 18, 2025, successful Washington (AP Photo/Alex Brandon). Right: Attorney Mark Zaid speaks astir an unfair contention suit against President Donald Trump, connected March 9, 2017, successful Washington, D.C. (Photo by Mark Wilson/Getty Images).
Famed nationalist information lawyer Mark Zaid is suing the Trump administration implicit the revocation of his information clearance.
In precocious March, President Donald Trump stripped Zaid and respective different high-profile individuals of information clearances successful an executive order.
Unlike the bombast contained successful similar specified actions targeting disfavored instrumentality firms, the enforcement bid simply said the president “determined that it is nary longer successful the nationalist interest” for the 15 named individuals — galore of whom are, oregon mightiness beryllium perceived as, critics oregon enemies of Trump — to “access classified information.”
The 29-page complaint filed Monday successful a Washington, D.C., national tribunal assails the 45th and 47th president’s bid arsenic “improper governmental retribution” and “dangerous, unconstitutional retaliation.”
“The contiguous effect of the revocation has been that Mr. Zaid tin nary longer correspond existent oregon aboriginal clients successful matters wherever doing truthful requires entree to classified information,” the suit reads. “President Trump’s actions, and the actions of the Departments oregon Agencies that person complied with the President’s directive, person straight injured Mr. Zaid and his clients by undermining his quality to proceed to correspond them and zealously advocator connected their behalf successful the nationalist information arena.”
The ailment goes connected to accidental Zaid whitethorn suffer retired connected representing “certain contiguous and prospective clients” wholly — lacking the quality to proceed representing them, oregon possibly ne'er being capable to correspond them successful the archetypal place, owed to the deficiency of access.
“No American should suffer their livelihood, oregon beryllium blocked arsenic a lawyer from representing clients, due to the fact that a president carries a grudge toward them oregon who they represent,” Zaid said successful a connection provided to Law&Crime. “This isn’t conscionable astir me. It’s astir utilizing information clearances arsenic governmental weapons.”
This authorities of affairs has besides created antagonistic knock-on effects for Zaid’s existent clients arsenic well, according to the lawsuit. In the filing, Zaid says helium is pursuing alleviation connected their behalf.
“This peculiar enactment has a cascading adverse effect connected Mr. Zaid’s quality to correspond different existent clients,” the suit reads. “Moreover, restricting Mr. Zaid’s quality to enactment connected accusation helium already knows is simply a constructive severance of his ongoing attorney-client relationships, arsenic helium could not perchance uphold his ethical obligations to zealously correspond his clients portion besides ignoring important accusation applicable to their cases.”
The suit names respective applicable agencies wrong the U.S. authorities who are believed to person acted connected Trump’s enforcement order.
“[T]hey person launched a bald-faced onslaught connected a ineffable law guarantee: the close to petition the tribunal oregon national agencies connected behalf of clients,” the suit continues. “An onslaught connected this close is particularly insidious due to the fact that it jeopardizes Mr. Zaid’s quality to prosecute and correspond the rights of others without fearfulness of retribution.”
Over respective decades, Zaid has represented a wide assortment of clients, including, astir famously, whistleblowers. The seasoned nationalist information lawyer represented the key whistleblower successful the Ukraine scandal that led to Trump’s first impeachment successful December 2019.
And, until recently, his entree has ne'er been a problem.
“Since being granted a information clearance successful oregon astir 2002, Mr. Zaid has ne'er had his eligibility suspended oregon revoked,” the suit says. “He has successfully passed aggregate inheritance investigations during Republican and Democrat administrations and been adjudicated trustworthy.”
Then came the Ukraine scandal.
“Since 2017, Mr. Zaid has handled cases involving Mr. Trump and his Administration overmuch successful the aforesaid mode arsenic helium had with different Presidential administrations,” the suit goes on. “But it was not until the 2019 [intelligence community] Whistleblower substance that Mr. Zaid seemingly came onto President Trump’s radar, instantly sparking his ire and that of his loyalists some wrong and extracurricular the government.”
Trump’s disdain for Zaid is simply a substance of nationalist record.
“In the aftermath of Mr. Zaid’s relation arsenic ineligible counsel becoming public, President Trump called him a ‘sleazeball,'” the suit explains. “The President’s comments occurred astatine a televised governmental rally successful Louisiana successful November 2019, on with his displaying a photograph of idiosyncratic said to beryllium Mr. Zaid … Days aft the Louisiana rally, President Trump spoke to reporters astatine the White House astir the impeachment witness: ‘The whistleblower, due to the fact that of that, should beryllium revealed. And his lawyer, who said the worst things perchance 2 years ago, helium should beryllium sued and possibly for treason. Maybe for treason, but helium should beryllium sued. His lawyer is simply a disgrace.'”
The suit chiefly argues the revocation of Zaid’s information clearance violated the Administrative Procedure Act (APA).
“This lawsuit is astir methods and process,” the suit argues. “More specifically, determination were nary methods and determination was nary process.”
Typically, the revocation of a information clearance is simply a multistep process — 1 that requires notification by mode of “comprehensive and elaborate explanations” of the alteration and the accidental for the targeted idiosyncratic to respond beforehand.
Zaid says nary of that happened here.
“The Defendants failed to abide by the requirements imposed done binding regulations,” the suit alleges. “By taking nonstop enactment against Mr. Zaid for exercising his basal rights and carrying retired his due relation arsenic counsel and a zealous advocator for his clients, Defendants’ person engaged successful blatant governmental retribution and textbook ‘arbitrary and capricious’ conduct. Defendants person fixed nary reasoned oregon morganatic mentation for their conduct, and ignored each procedural interests implicated by their actions.”
Under the APA, courts are empowered to artifact oregon reverse authorities enactment deemed “arbitrary and capricious.” Under the standard, actions that eschew ceremonial processes — whether interior rules oregon broader statutory laws — are often recovered to suffice for specified treatment.
Zaid besides says Trump’s revocation of his information clearance violated First Amendment guarantees of speech, association, and petition, arsenic good arsenic Fifth Amendment warrant of owed process.
“The Administration admitted it revoked the clearance of a veteran, non-partisan nationalist information lawyer to punish him for his due practice of a lawsuit successful the impeachment process,” Abbe David Lowell, founding subordinate of Lowell & Associates and 1 of the attorneys representing Zaid successful the matter, said successful a statement. “That’s illegal, unconstitutional, and precisely what this suit volition show.”