This, reported first by the Washington Post on Sunday, amid concerns that Ellis is not qualified for the post and that it’s an attempt by the Trump administration to “burrow” a political appointee into a career civil service position at the nation’s largest spy agency.
On Saturday, acting Defense Secretary Christopher Miller ordered NSA Director Paul Nakasone to install Ellis as general counsel by 6 p.m., but Nakasone—who opposed Ellis for said position—did not take action by the deadline, the Washington Post reported Saturday evening.
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Ellis was originally selected for the position in the days immediately following the presidential election but administrative delays prevented his timely installation, the Post noted.
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“Mr. Ellis accepted his final job offer yesterday afternoon,” an NSA official announced in a statement on Sunday. “NSA is moving forward with his employment.”
After Ellis’s selection was announced in November, Sens. Mark Warner (D-Va.) and Jack Reed (D-R.I.) requested that the Pentagon’s acting inspector general conduct an investigation. “The combination of timing, comparative lack of experience of the candidate, the reported qualifications of the other finalists, and press accounts of White House involvement create a perception that political influence or considerations may have played an undue role in a merit-based civil service selection process,” the senators wrote in a letter obtained by CNN.
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In the past, Ellis has been dogged by accusations of improprieties. In 2017 while the top lawyer for the National Security Council, he was reportedly involved in sharing classified intelligence reports to Nunes. He also was embroiled in the Ukraine scandal that rocked the White House in 2019 and fueled an impeachment inquiry into President Trump. Lt. Col. Alexander Vindman testified that Ellis had directed NSC officials to move a transcript of a pivotal phone call with the Ukrainian president to a more highly classified server in an apparent effort to restrict it from being viewed.
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CNN pointed out Saturday that since Ellis’s new position as general counsel is a civil service job, it will be harder for the Biden administration to remove him, than would a political appointee.
Former U.S. Army general and Clinton Cabinet member Barry McCaffrey deemed the decision a “fundamental threat” to U.S. security on Twitter on Sunday. “This is a political hack in a career position with 48 hours to go,” he wrote.
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“The NSA is ‘moving forward’ to install Michael Ellis, a former GOP operative, as its top lawyer. TRUMP DECISIONS ARE A FUNDAMENTAL THREAT TO US NATIONAL SECURITY. THIS IS A POLITICAL HACK IN A CAREER POSITION WITH 48 HOURS TO GO,” reads the full tweet, posted Sunday evening.
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