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As for the hearing scheduled for December 4, we cannot fairly be expected to participate in a hearing while the witnesses are yet to be named and while it remains unclear whether the Judiciary Committee will afford the president a fair process through additional hearings, more importantly, an invitation to an academic discussion with law professors does not begin to provide the President with any semblance of a fair process. Accordingly, under the current circumstances, we do not intend to participate in your Wednesday hearing.
The Committee has failed to point to any authority establishing a legitimate legislative purpose for the Committee's unprecedented and extraordinarily intrusive demands : including the demand to examine the entire investigative files of numerous individuals whom the President has chosen as his senior advisors, as I have explained in multiple previous letters, it is clearly established as a matter of law that the decision to grant or deny a security clearance is a discretionary function that belongs exclusively to the Executive Branch.
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