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Top Justice Dept. official alerted White House 2 weeks ago to ongoing issues in Kushner’s security clearance

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A top Justice Department official alerted the White House two weeks ago that significant information requiring additional investigation would further delay the security clearance process of senior adviser Jared Kushner, according to three people familiar with the discussion.

The Feb. 9 phone call from Deputy Attorney General Rod J. Rosenstein to White House Counsel Donald McGahn came amid growing public scrutiny of a number of administration officials without final security clearances. Most prominent among them is Kushner, President Trump’s son-in-law, who has had access to some of the nation’s most sensitive material for the last year while waiting for his background investigation to be completed.

A week after the call from Rosenstein, White House Chief of Staff John F. Kelly announced that staffers whose clearances have not been finalized will no longer be able to view top-secret information — meaning that Kushner could stand to lose his status as early as Friday.

As president, Trump can grant Kushner a high-level security clearance, even if his background investigation continues to drag on. But Trump said Friday that he would leave that decision to Kelly.

In his phone conversation with McGahn, Rosenstein intended to give an update on the status of Kushner’s background investigation. He did not specify the source of the information that officials were examining.

Justice Department officials said Rosenstein did not provide any details to the White House about the matters that need to be investigated relating to Kushner.

“The Deputy Attorney General has not referenced to the White House any specific concerns relating to this individual’s security clearance process,” spokeswoman Sarah Isgur Flores said in a statement.

A White House spokesman declined to comment on the status of Kushner’s clearance or on information relayed by Rosenstein to McGahn.

Kushner’s lawyer, Abbe Lowell, declined to comment.

In a statement to The Washington Post last week, Lowell said he had been assured by officials that there was nothing unusual about the delay in Kushner’s security clearance.

“My inquiries to those involved again have confirmed that there are a dozen or more people at Mr. Kushner’s level whose process is delayed, that it is not uncommon for this process to take this long in a new administration, that the current backlogs are being addressed, and no concerns were raised about Mr. Kushner’s application,” Lowell said in a statement on Feb. 16.

Kushner’s interim clearance allows him to view both top-secret and sensitive compartmented information — classified intelligence related to sensitive sources. With that designation, he has been able to attend classified briefings, get access to the president’s daily intelligence report and issue requests for information to the intelligence community.

Security clearance experts said it is rare to have such a high level of interim clearance for such a long period of time. Typically, senior officials do not get interim access to top-secret and sensitive compartmented material for more than three months, experts said.

The day before Rosenstein’s call to McGahn, The Post reported that Kushner was among dozens of White House personnel who were relying on interim clearances while their FBI background investigations were pending.

White House officials have complained that they have had trouble getting information from the Justice Department and FBI about the status of delayed clearances, including Kushner’s. People familiar with the Feb. 9 call said Rosenstein was returning a White House phone call seeking guidance on the status of his background investigation, among those of others.

Rosenstein intended to speak to Kelly, but the chief of staff was not immediately available, so he ended up talking to McGahn instead, according to three people familiar with the call.

In the call, Rosenstein did not say whether the information that had come to the attention of the Justice Department was learned by the FBI in its standard background clearance investigation of White House staff. Rosenstein also oversees the investigation by special counsel Robert S. Mueller III, who has scrutinized Kushner’s contacts with foreign officials and business dealings as he examines Russia’s interference in the 2016 election.

There are conflicting accounts about whether Rosenstein discussed with McGahn the significance of the information and its possible impact on Kushner’s clearance. Two people said the deputy attorney general told McGahn the Justice Department had obtained important new information, suggesting it could be an obstacle to his clearance process. One other said Rosenstein did not discuss the nature of the ongoing investigation.

Bob Bauer, who served as White House counsel in the Obama administration, said administration officials should view Rosenstein’s alert as a strong reason to revoke Kushner’s interim top-secret access.

“It seems to me that he should have restricted access to highly classified material until the resolution of those issues,” Bauer said.

Kushner’s inability to obtain a final clearance has frustrated and vexed the White House for months. As someone who meets regularly with foreign officials and reads classified intelligence, he would typically have a fast-tracked background investigation, security clearance experts said.

During the last six months, McGahn privately discussed the slow pace of Kushner’s background investigation with other senior aides, including with Kelly in the fall, according to a top administration official. Kelly expressed frustration with Kushner’s access to classified material on an extended interim clearance, according to the official. But McGahn and Kelly decided to wait for the FBI to complete its background investigation and took no action at the time to change his access.

Their wait-and-see mode ended abruptly last week, when Kelly issue a new policy that would block staff with interim clearances from receiving top-secret information as of Friday.

The changes were prompted by intense scrutiny that has followed domestic-abuse allegations against Rob Porter, the president’s former staff secretary, who was also working under an interim top-secret clearance.

The move puts a “bull’s eye” on Kushner, a senior official told The Post last week.

Kelly has told associates that he is uncomfortable with Kushner’s uncertain security clearance status and his unique role as both a family member and staffer, according to people familiar with the conversations. He has said he would not be upset if the president’s son-in-law and his wife, Ivanka Trump, left their positions as full-time employees.

On Friday, Trump said he would defer the question of Kushner’s access to his chief of staff.

“I will let Gen. Kelly make that decision, and he’s going to do what’s right for the country,” the president said during a news conference. “And I have no doubt that he will make the right decision.”

In a statement about Kushner issued earlier this week, Kelly said he had “full confidence in his ability to continue performing his duties in his foreign policy portfolio including overseeing our Israeli-Palestinian peace effort and serving as an integral part of our relationship with Mexico.”

Inside the White House, officials have discussed concerns that the delay in Kushner’s clearance is due in part to repeated updates he made to a form detailing his contacts with foreign officials.

He filed three amendments last year to the questionnaire, after failing to fully disclose contacts reaching back several years. Kushner has said the omissions were inadvertent errors.

Investigators scrutinize those activities to determine whether a person could be subject to influence or blackmail by a foreign government and can be trusted to guard classified information.

Ordinarily, security clearance experts said, the failure to completely disclose all contacts would jeopardize an applicant’s chances of obtaining final clearance.

In addition, Kushner’s actions during the transition have been referenced in the guilty plea of former Trump national security adviser Michael Flynn, who admitted he lied to the FBI about contacts with then-Russian Ambassador Sergey Kislyak. Prosecutors said Flynn was acting in consultation with a senior Trump transition official, whom people familiar with the matter have identified as Kushner.

 

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MO’NIQUE SUES NETFLIX FOR DISCRIMINATION

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Mo’Nique is finally taking her accusations against Netflix for discrimination to a court of law … she’s filed a lawsuit.

In the suit, the Oscar-winning actress and comedian accuses Netflix of race-based discrimination for how it negotiated a comedy special with her. She says Netflix offered Amy Schumer $11 million for an hour-long stand-up special (she eventually got $13 mil), but only offered Mo’Nique $500,000 for her stand-up special.

Mo’Nique never accepted their offer, and went on a public campaign … which included coming on “TMZ Live” and calling for a boycott against the company.

According to the suit, she claims Netflix has a severe lack of diversity, which contributes to their discriminatory practices. Specifically, she claims one Netflix exec. — the Chief Communications Officer — used the n-word in a meeting with 60 people in 2018. Mo’Nique was not present for that meeting.

She also claims Netflix allowed Kevin Spacey to use the n-word while on the set of “House of Cards” without any consequence. In the suit, she alleges Spacey complained to his personal security guards, “I don’t want [n-words] on my set anymore.” She’s not suing Spacey.

Mo’Nique also used a major pay gap on the Netflix hit, “The Crown,” to illustrate alleged discrimination. She says the actress who plays Queen Elizabeth II was paid $14k per episode less than the actor who played Prince Philip — and it only righted the wrong after there was a public outcry about it.

She’s suing Netflix for unspecified damages, and for an injunction forcing the company to change its discriminatory policies.

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Beverly Hills Cop’ Sequel With Eddie Murphy Jumps to Netflix in Licensing Deal With Paramount

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Netflix has acquired the rights to shoot a new sequel to “Beverly Hills Cop” from Paramount, with star Eddie Murphy and producer Jerry Bruckheimer attached, Viacom CEO Bob Bakish announced Thursday.

The original 1984 action-comedy film, starring Murphy as a quick-witted, trash-talking Detroit cop who investigates his friend’s murder in Beverly Hills, was a huge hit for the studio — and spawned sequels in 1987 and 1994. The three films grossed $736 million worldwide.

Paramount had been developing “Beverly Hills Cop 4” for years — but pulled the project from its release slate in 2016.

In recent years, the studio has made deals with Netflix for completed films, selling “Cloverfield: God Particle” to the streamer for an early 2018 release and offloading overseas rights to the Natalie Portman sci-fi film “Annihilation” after a 17-day U.S. theatrical window. But it’s an unusual move for a studio to license its own IP for an unfinished film.

In recent months, Paramount parent company Viacom has shown an increasing willingness to make revenue-generating deals on its library of content rather than hoard those rights for its own internal streaming services as rivals like Disney, Comcast’s NBCUniversal and WarnerMedia have done.

This week, Viacom’s Nickelodeon announced a multiyear output deal for films and TV series with Netflix. And last month, the company sold the exclusive streaming rights to Comedy Central’s “South Park” to WarnerMedia’s HBO Max in a deal worth at least $500 million.

The “Beverly Hills Cop” deal also comes as Netflix has helped to revive Murphy’s career with its new release “Dolemite Is My Name,” which has generated awards season chatter. The star is also shooting the sequel to another Paramount comedy hit, 1988’s “Coming to America,” that’s due for theatrical release next year.

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The 10 top-earning actresses made almost $300 million less than their male peers this year

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For the second year in a row, Scarlett Johansson is Hollywood’s highest-paid actress, having earned $56 million between June 1, 2018 and June 1, 2019.

According to Forbes’ list of the 10 highest-paid actresses of 2019, most of Johannson’s earnings come from her role as Black Widow. She was the only woman in “Endgame” granted an eight-figure salary up front, as well as 5% earnings on the back end.

Johannson, along with the other nine actresses on the list, including Sofia Vergara and Reese Witherspoon, earned a collective total of about $315 million over the past year. Though that’s a 69% increase from the previous year, Forbes reports that it’s still significantly less than the top 10 highest-paid actors, who collectively earned almost $600 million over the same time period.

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