Adverse Actions

FAM Loses Security Clearance Due to False Financial Reports

ProPublica reports that a Federal Air Marshal (FAM) has lost her security clearance because she allegedly falsified financial reimbursement information, claiming, on two occasions, a full day’s per diem despite not being in that city for a full day.

Posted by The Editors on Feb 03, 2010 at 12:43AM | Comments (0)

Ex-DOE Employee Loses Clearance Appeal

A Federal appeals court has ruled against an Egyptian-American whose security clearance had been revoked by the Department of Energy.

The court said the government has sole discretion over issuing security clearances and that the court was at liberty to intervene. Click here to access the court’s 38-page ruling.

ClearedCommunity.com last reported on this case here.

Posted by The Editors on Jan 12, 2010 at 09:33PM | Comments (0)

Time, Expressions of Regret Save TSA Nominee

The Washington Post reported on January 1 that Erroll Southers, the nominee to lead the Transportation Security Administration (TSA), admitted to a U.S. Senate committee that, some 20 years ago, he was censured by the FBI, his employer at the time, for having improperly accessed a confidential database to locate derogatory information on an ex-wife’s boyfriend.

First, it is notable that the only consequence of having done so was censure, which illustrates the discretion federal agencies have in determining punishments short of security clearance suspension or revocation.

Posted by The Editors on Jan 04, 2010 at 01:14PM | Comments (0)

Handling of Unclassified Information

Secrecy News reported today that the White House is expected to soon release policy clarifications relating to the marking and handling of unclassified information.

The government often stamps information “LES” (Law Enforcement Sensitive), “SBU” (Sensitive But Unclassified), “FOUO” (For Official Use Only), “CUI” (Controlled Unclassified Information), or other designations leaving it unclear exactly how such information is to be handled. The confusion has caused otherwise well-intentioned federal employees some trouble, such as in an incident we reported in 2006.

Posted by The Editors on Dec 14, 2009 at 12:01PM | Comments (0)

Private Insurance Affords Feds Protection

A November 9 article on BusinessInsurance.com reminds federal employees – particularly, those with security clearance – that private insurance is available to protect against unexpected administrative investigations or disciplinary actions related to their professional responsibilities.

The ‘primary benefit’ of insurance is in defending criminal and administrative investigations, said Peter Noone, a partner in the Belmont, Mass., law firm of Avery Dooley Post & Avery. Insurance, Noone said, is valuable in cases where an agency has employees that must have security clearance to do their jobs. If an agency attempts to take a security clearance away, the result can be ‘lethal’ to the employee’s career.

Posted by The Editors on Dec 10, 2009 at 09:57AM | Comments (0)

Opposition Mounts to Pivotal Legal Ruling

Last month, we reported on a Law Library of Congress legal brief critical of Navy v. Egan, a 1988 Supreme Court ruling that limited judicial review of federal security clearance determinations.

Now, a third-year Duke law student has written a law review article also critical of the case. If the link to the article does not work, go to Duke’s website and search at the top right for “security clearance.” The first hit that results should be the article.

Posted by The Editors on Dec 08, 2009 at 10:38AM | Comments (0)

Ten Ways to Jeopardize a Security Clearance

A contributor to online blog FederalSoup.com shared 10 ways to jeopardize a security clearance, as well as ways to mitigate issues that may arise regarding retention of a security clearance.

Posted by The Editors on Dec 08, 2009 at 12:01AM | Comments (0)

Security Clearance and Online Networking

A recent radio program contained a segment addressing the impact, sometimes negative, that online social networking can have on retaining a security clearance.

ClearedCommunity.com’s last post on this topic can be found here.

Posted by The Editors on Dec 07, 2009 at 11:50PM | Comments (0)

Lawyer Urges Challenging Clearance Revocations

In this blog posting, a Maryland attorney insists that any government revocation of a security clearance can be challenged and appeals to affected individuals to seek legal representation.

The power vested in those making security clearance decisions is tremendous, and all too often the power is exercised for the wrong reasons, and having little to do with the established criteria governing these decisions.

Posted by The Editors on Dec 07, 2009 at 11:43PM | Comments (0)

Federal Court Upholds Job Loss Due to Clearance Revocation

A Federal Circuit Court of Appeals has upheld an administrative ruling approving the separation from work of a woman whose security clearance had been revoked.

In this case, the woman argued that the government took too long to impose an adverse action and that, by reassigning her to a non-sensitive position for almost a year, could not then fire her. The Federal Circuit ruled against her on both counts.

Said a reporter:

This case once again underscores the near futility of challenging adverse actions that are keyed to revocation of a clearance. You lose your required security clearance and you put your job in serious jeopardy.

Posted by The Editors on Dec 07, 2009 at 11:11PM | Comments (0)

Security Clearances and Online Social Networking

In this interesting article from the November 2 Federal Times, an attorney examines the risks that participating in online social networking websites, like Facebook and Twitter, can have on the ability to acquire or retain a security clearance.

Posted by The Editors on Nov 23, 2009 at 12:16AM | Comments (0)

Law Scholar Challenges Key Clearance Case

Navy v. Egan is a 1988 U.S. Supreme Court case that has been used to severely limit the ability of courts to intervene in executive branch authority to distinguish national security information and access to it (in other words, to issue security clearances). However, according to Secrecy News, an employee of the Law Library of Congress has released a report saying that the executive branch’s interpretation of Egan goes too far.

Posted by The Editors on Nov 22, 2009 at 11:55PM | Comments (0)

Enlistee's Clearance Threatened by Credit Woes

An Army enlistee recalled problems getting promoted due to financial difficulties. Superiors threatened to revoke his clearance unless his finances were put in order.

Posted by The Editors on Nov 22, 2009 at 11:47PM | Comments (0)

Man Retains Clearance While Under Investigation

The U.S. State Department refused a request by its own investigators to suspend the security clearance of an employee accused of sexually assaulting a female contractor in Iraq, according to a November 20 report on ABCNews.com.

Posted by The Editors on Nov 22, 2009 at 11:33PM | Comments (0)

Expunging Criminal Records to Ease Clearance Apps

Some arrests or criminal convictions can sink plans to acquire a security clearance. Job and security clearance applications often ask for disclosures about arrests or convictions.

According to a November 11 article in the Wall Street Journal, amidst the difficult job market, more job-seekers are trying to expunge arrest and conviction records and more states are passing laws to help them do so. Also, more law practices are helping clients in this area, often for as little as $1,000.

Posted by The Editors on Nov 11, 2009 at 10:08AM | Comments (1)

Man Takes Clearance Revocation to Appeals Court

An Egyptian-American whose security clearance was revoked tried this week to persuade an appeals court to order the Department of Energy (DOE) to grant him a hearing where he might learn the reasons for the revocation. DOE refuses a hearing citing “national security.”

His lawyer argues that a DOE official cannot himself determine what matter is reviewable or not and that, when the government says “national security,” we should not have to “take [its] word on it.”

The Government argues the Courts have no say in the matter.

We last reported on this story here.

Posted by The Editors on Oct 30, 2009 at 07:49PM | Comments (0)

Group Petitions Court About Revoked Clearance

The Anti-Defamation League (ADL) has submitted an amicus brief to a federal court arguing that David Tenenbaum, whose case involving the Department of Defense (DoD) we first wrote about here, should be allowed to challenge in court the revocation of his security clearance.

The ADL cites a DoD report that found that Tenenbaum was subject to religious-based discrimination during a security clearance investigation. A lower court, however, upheld the government’s motion to disallow the case because “state secrets” were involved and could be compromised in any court proceeding.

Posted by The Editors on Oct 23, 2009 at 09:13AM | Comments (0)

Scenarios for Clearance Disqualification

Today, the Washington Post’s career counselor shared some insights on specific personal scenarios, including certain criminal and personal conduct, that might complicate acquiring a security clearance.

The counselor draws upon clearance adjudication outcomes posted to a Department of Defense (DoD) website, which highlights again the vast, seldom discussed, and unresolved disparity in security clearance transparency between federal agencies. DoD is the only federal agency to public disclose information on security clearance determinations brought before its Adjudications Board.

Posted by The Editors on Oct 14, 2009 at 12:16PM | Comments (0)

Failed Challenge to Security Clearance Revocation

A Federal appeals court reportedly has ruled against a Secret Service agent who sued after her security clearance was revoked.

The court sided with the district court which dismissed the case because the Secret Service’s decision was “committed to agency discretion.” This is another example of federal courts yielding to Executive branch discretion in security clearance matters.

Posted by The Editors on Aug 30, 2009 at 11:41PM | Comments (0)

Criminal Proceedings and Security Clearances

A lawyer comments on how criminal proceedings may impact a security clearance. He advises that a criminal or drug charge is seen as only one factor in a “whole person” analysis, “meaning the agency considers whether the entirety of your profile would qualify you for a clearance.”

The lawyer assumes, however, that all agencies adhere to the “whole person” concept when processing clearances, which may not be true.

Posted by The Editors on Aug 30, 2009 at 11:31PM | Comments (0)

Security Clearance Delays at State

An August 21 National Journal Online article discussed delays in processing security clearances for State Department interns.

The article also reported on alleged biases in security clearance determinations.

Posted by The Editors on Aug 30, 2009 at 11:17PM | Comments (0)

Governor's Security Clearance Reinstated

The Charleston, SC, Post and Courier reported on July 10 that the U.S. Department of Homeland Security had reinstated the South Carolina Governor’s federal security clearance after it had been revoked in error after the Governor was involved in an affair, though DHS failed to explain the exact reason for the revocation in the first place.

Posted by The Editors on Aug 08, 2009 at 04:43PM | Comments (0)

Blog Discusses Clearance Complications

An August 2 blog entry on the Washington Post website discussing issues which can lead to security clearance complications, including financial debt, dual citizenship, and foreign employment.

Posted by The Editors on Aug 08, 2009 at 04:03PM | Comments (0)

Bias Against Jewish Americans Pursuing Clearances?

The Anti-Defamation League says it has received complaints from and offered assistance to Jewish Americans and others who have links to Israel and have had trouble getting security clearances, according to a July 30 article at the Jerusalem Post website. The ADL attributes the problem to “bigotry.”

The article further details allegations of a history of discrimination against Jewish Americans by U.S. Government counterintelligence agencies, including the Federal Bureau of Investigation (FBI).

Posted by The Editors on Aug 02, 2009 at 11:04AM | Comments (0)

Contractor Who Didn't Disclose Relationships Charged With Making False Statements

A contractor who supervised the construction of the U.S. Embassy in China has been charged with making false statements regarding his failure to disclose relationships with Chinese women during the project, according to a July 24 report in the Orlando Sentinel.

Authorities say the contractor was required to disclose the relationships as a condition of his security clearance.

Posted by The Editors on Jul 29, 2009 at 03:37AM | Comments (0)

Cleared DoD Employee Charged with Spying

According to this Department of Justice press release, a former Department of Defense employee, who held a Top Secret/SCI clearance, is alleged to have used his position to provide classified information to a Chinese individual, through a Taiwanese intermediary.

Posted by The Editors on Jun 26, 2009 at 03:39PM | Comments (1)

State Spy Case May Have Clearance Implications

The arrest of a former State Department intelligence analyst on charges of spying for Cuba may have implications for the security clearance process.

Posted by The Editors on Jun 05, 2009 at 11:47PM | Comments (0)

Navy Officer Charged With Felony

A Navy petty officer with a security clearance was charged with having received child pornography, according to an article in the April 14 Augusta Chronicle.

While the incident isn’t terribly helpful in learning about security clearances or the security clearance process, we post it here anyways in case someday someone searches the site for instances of people with security clearance doing, or being accused of, things that put their clearances at risk.

Posted by The Editors on Apr 29, 2009 at 11:31PM | Comments (0)

Navy Sailor Who Used Drugs Stripped of Clearance

A Navy sailor convicted of using drugs reportedly had his security clearance taken away though he may still keep a Navy job.

Posted by The Editors on Apr 01, 2009 at 10:10PM | Comments (0)

Reinstating a Suspended Clearance

On this blog, someone answers a question from a former member of the U.S. Army who asks whether she will be able to get a new Secret clearance for a civilian job after the Army suspended her previous clearance.

Posted by The Editors on Apr 01, 2009 at 09:53PM | Comments (0)

Virginia Speeders Jeopardize Clearance

According to this article in the Baltimore Sun, getting ticketed driving at least 80 miles an hour or at least 20 miles an hour over the posted speed limit is a misdemeanor in the Commonwealth of Virginia and could put your security clearance at risk.

Posted by The Editors on Apr 01, 2009 at 09:41PM | Comments (0)

Reactivation of Security Clearance Questioned

A blogger questions why former CIA Director Hayden reissued a security clearance to his predecessor John Deutch after it had been suspended and why new Director of National Intelligence Blair has appointed Deutch to an advisory panel.

Posted by The Editors on Mar 28, 2009 at 05:50PM | Comments (0)

Congressional Leaks Said to Go Unpunished

Citing the recent apparent (and probably inadvertent) disclosure of classified information during a congressional hearing, a blogger laments what he says is a double-standard in punishing those who leak such information.

Posted by The Editors on Feb 23, 2009 at 06:49PM | Comments (0)

Soldiers in Debt Put Clearances at Risk

A recent news report reminds us that U.S. soldiers who carry significant financial debts risk having their security clearances revoked. With personal finance courses in place, security clearance revocations in the Navy and Marines are said to have dropped by half.

Posted by The Editors on Feb 23, 2009 at 06:41PM | Comments (0)

Security Breach at Jerusalem Consulate

Fox News recently revealed that the U.S. Consulate in Jerusalem auctioned off a used file cabinet still containing sensitive personnel and financial documents, some marked Secret.

The incident reveals the carelessness and recklessness which, from time to time, surfaces within the federal government. And, oftentimes, no one is held accountable for such mistakes.

And, ok, while we admit that this news is only tangentially related to security clearances, having witnessed first-hand the follies of Consulate Jerusalem, we couldn’t resist further publicizing this news.

Posted by The Editors on Feb 15, 2009 at 09:31PM | Comments (0)

Stimulus Bill Said to Contain Clearance Provisions

The Washington Post recently railed against sections of the Stimulus bill under consideration in Congress that would extend protections to whistleblowers at Intelligence Community agencies and provide for federal judicial review of executive branch decisions to revoke a security clearance.

The paper argued that such measures would infringe upon executive branch authority over security clearance determinations and sensitive intelligence matters.

Posted by The Editors on Feb 15, 2009 at 09:09PM | Comments (0)

Owing Back Taxes Puts Clearance in Jeopardy

According to this blogger on the Washington Post website, a person who owes back taxes puts his or her security clearance in jeopardy.

...for those holding a security clearance in executive branch agencies and the military…owing back Federal income taxes in any amount can out your security clearance and put your job in jeopardy. Even DOD contractors can have their security clearance denied or revoked for owing back Federal income taxes.

Posted by The Editors on Feb 15, 2009 at 08:50PM | Comments (0)

Former CIA Director's Clearance Restored

Former CIA Director John Deutch, who had his CIA clearance suspended in 1996 after CIA officials found classified documents on his home computer, reportedly had his security clearance restored in August 2007.

Deutch recently was appointed to serve on a panel studying CIA reform.

Posted by The Editors on Feb 15, 2009 at 08:41PM | Comments (0)

Scientist Shares Details of Clearance Revocation

The Muslim scientist whose security clearance was revoked by the U.S. Department of Energy shared details about his ordeal in a Pittsburgh Post-Gazette interview on November 28, before leaving the U.S. for a new career in his native Egypt.

Posted by The Editors on Dec 21, 2008 at 09:41PM | Comments (0)

Newspaper Criticizes Secrecy Over Clearance Revocation

In a December 1 editorial, the Pittsburgh Post-Gazette criticized the U.S. Government for refusing to disclose information used to justify revoking the security clearance of a long-time Department of Energy employee.

A sebsequent Letter-to-the-Editor, on December 8, defended the government’s action.

Posted by The Editors on Dec 21, 2008 at 09:21PM | Comments (0)

ODNI Encourages Analytical Outreach

In July, the Office of the Director for National Intelligence (ODNI) issued an important directive. The directive said that all Intelligence Community analysts “should leverage outside expertise as part of their work” to “explore ideas and alternative perspectives, gain new insights, generate new knowledge, or obtain new information.”

The directive is important because security officials and security clearance adjudicators have previously been known to suspend or revoke clearances of analysts who interacted with some outside, non-governmental groups such as those identified in the directive. In their defense, clearance-holders accused of wrong-doing because of such activity may now draw upon the authority allowed under this new directive.

Posted by The Editors on Nov 13, 2008 at 10:44PM | Comments (0)

Federal Judge Cuts Short Lawsuit Protesting Clearance Revocation

A federal judge in Pennsylvania has dismissed the most significant parts of a lawsuit brought against the U.S. Government for revoking the security clearance of a veteran Department of Energy employee.

Judge McVeery of the U.S. District Court of Western PA said that the case would have required him to second-guess the government’s decision to revoke the clearance. Instead, he said he would take “under advisement” the argument that the government violated procedures for the revocation of a clearance.

ClearedCommunity.com last reported on the case here. The latest developments were reported in the press here. The judge’s ruling (pdf) makes for very interesting reading and is replete with references to case law governing the handling of security clearances.

Posted by The Editors on Nov 05, 2008 at 09:51AM | Comments (0)

Attorney Explains Clearance Case Against USG

An attorney for a Muslim-American suing the US Government over the revocation of his security clearance has explained in greater detail what he hopes to achieve in Federal court. News of the latest court action appeared in the USA Today, the Associated Press, and several U.S. newspapers.

The case was filed in an effort to win an administrative hearing into why the man’s clearance was revoked. The government has provided no specific information explaining its decision to pull the clearance.

ClearedCommunity.com last reported on this case here.

Posted by The Editors on Oct 14, 2008 at 10:13PM | Comments (0)

USG Defends Clearance Revocation

The U.S. Government has defended in federal court its decision last June to revoke the security clearance of a veteran Department of Energy employee who says he was discriminated against because of his objection to U.S. policies.

Egyptian-born scientist Abdel Moniem Ali El-Ganayni says he was targeted because he has criticized the Iraq war and FBI efforts to recruit Muslim informants in U.S. mosques.

The Government says El-Ganayni had contact with person(s) hostile to U.S. interests and engaged in “unusual” conduct that showed he was not “honest, reliable, or trustworthy,” and that his lawsuit is an effort to draw public attention to the security clearance review process.

The Government argued in court that the judge does not have the jurisdiction to second-guess security clearance decisions.

ClearedCommunity.com last reported on this story here. The latest news on the recent court action was also available here.

Posted by The Editors on Sep 28, 2008 at 06:44PM | Comments (0)

Senior Officials Escape Punishment for Mishandling Classified Info

A blogger laments the fact that senior Federal officials who mishandled classified information often seem to avoid serious punishment.

Posted by The Editors on Sep 06, 2008 at 03:29AM | Comments (0)

DOJ Won't Prosecute Former AG For Mishandling Documents

The Department of Justice reportedly has decided not to prosecute former Attorney General Alberto Gonzales for mishandling classified information, including taking some documents home.

It is unclear what, if any, consequences there might be for Gonzales as far as holding a security clearance now or in the future. It may be recalled that former National Security Adviser Sandy Berger was ordered by a Federal court to forfeit his security clearance for three years after allegedly taking classified documents from the National Archives without permission.

The Washington Post published a related story on September 3. The DOJ Inspector’s General report on Gonzales was available here.

Posted by The Editors on Sep 05, 2008 at 02:41PM | Comments (0)

DoE Employee Who Lost Clearance Seeks Court's Help

An 18-year Department of Energy employee who lost his security clearance after Federal agents questioned his allegiance to the U.S. after remarks he made against the Iraq War reportedly seeks intervention of a Federal court. He wants the court to order the release of evidence used against him and a hearing where he can defend himself.

ClearedCommunity.com first reported on the case here.

Posted by The Editors on Sep 05, 2008 at 02:21PM | Comments (0)

AP: DoD to Increase Polygraph Use

The Associated Press reported recently that the Department of Defense’s Defense Intelligence Agency will step up its use of polygraph exams to screen new and current employees, while others maintain that polygraphs are an unreliable fix to a broken security clearance process. One problem: personnel are rarely allowed an opportunity to challenge a polygraph exam’s findings.

The AP story was also available here.

Posted by The Editors on Aug 28, 2008 at 12:18PM | Comments (0)

Concerns About Clearance Delay Prompted Revocation of Job Offer

In a case now before a Federal court, the U.S. Government says that concerns that a job applicant’s security clearance approval could be delayed because of a sex-change operation justified rescinding a job offer.

A hiring official “had concerns that [the woman’s] gender reassignment would make it a longer process for her to gain a security clearance for the post” and, so, withdrew the offer.

[In mid-September, the Court reportedly ruled in favor of the plaintiff.]

Posted by The Editors on Aug 21, 2008 at 12:26AM | Comments (0)

DoD Pulls Clearance of Iranian-born American

A Iranian-born American who has worked for the Department of Defense since 1991 has unsuccessfully challenged DoD’s decision to suspend his security clearance citing suspicions of “foreign influence” and “foreign preference.” He says trips he’s taken to Iran in recent years were to care for his ill mother and that he cleared each trip with appropriate DoD authorities:

Officials hide behind policy. Then they go home and sleep at night. They don’t look at the human side. I haven’t given them any reason to doubt me. I’ve had a security clearance since 1991 and now they suddenly have issues.

Posted by The Editors on Aug 20, 2008 at 02:33PM | Comments (0)

State Official Retained Clearance After Dismissal

The Department of Homeland Security (DHS) is investigating how a Minnesota Department of Transportation official was able to keep a federal security clearance after being fired from her job and hired by DHS, according to a local media report.

Posted by The Editors on Aug 11, 2008 at 11:35PM | Comments (0)

Lawyer: Defending Clearances Most Gratifying Accomplishment

On August 1, the Washington Post published this obituary about Harold Green, a former government investigator who was involved in the controversial security clearance revocation of Manhattan Project scientist Robert Oppenheimer.

Shortly before he died, Mr. Green wrote to his family that his:

most gratifying professional accomplishment was advising and representing perhaps 25 individuals who had been denied, or who were vulnerable to denial of, security clearance, and whose careers were in every instance salvaged through my efforts.

Posted by The Editors on Aug 10, 2008 at 04:45PM | Comments (0)

Anthrax Suspect Retained Security Clearance

An August 4 article in the Washington Post and one by National Public Radio examine how the FBI’s chief anthrax investigation subject, who recently committed suicide, could have retained a security clearance despite the ongoing investigation and documented concerns about his mental health. It is unclear, from either story, what level of security clearance, if any, the Army biowarfare scientist had.

A former FBI official commented on the shortcomings of federal security clearance investigations:

Any system will miss someone somewhere, he says. And the alternative here is to have a much higher level of scrutiny for everybody in the system…. People generally don’t want to volunteer damning information about themselves, or about others. The result, he says, is a system that will always have flaws.

Posted by The Editors on Aug 07, 2008 at 10:35AM | Comments (0)

ADL Concerned About Bias in Clearance Determinations

The Anti-Defamation League (ADL) has written to Secretary of Defense Robert Gates applauding him and the Department of Defense [DoD] for issuing a report exposing evidence of bias in handling the security clearance of a Jewish civilian DoD employee. ClearedCommunity.com first noted the DoD report here.

Posted by The Editors on Jul 28, 2008 at 08:01PM | Comments (0)

Hill Bill Creates Security Clearance Ombudsman

The appointment by the Office of the Director of National Intelligence (DNI) of an ombudsman to handle and report on complaints involving security clearance investigations is one improvement included in H.R. 5959, the Intelligence Authorization Act of 2009, passed by the U.S. House of Representatives on July 16.

The bill now awaits passage of and reconciliation with its Senate companion, S. 2996.

Though creation of an ombudsman is an important positive development, the House bill would limit his or her jurisdiction only to matters involving applications for new clearances, and not include reinvestigations or readjudications of existing clearances or adverse actions taken against holders of current clearances. Additional procedural protections are needed for these individuals as well.

Posted by The Editors on Jul 27, 2008 at 05:40PM | Comments (0)

DoD Abused Clearance Process in Targeting Jewish American

A report made available this week by the Department of Defense (DoD) Inspector General reveals that the Department used a personnel security investigation as a ruse for a counterintelligence investigation based solely on the subject’s religious identity.

Civilian Army engineer David Tenenbaum had his security clearance revoked as a result of unsubstantiated allegations of espionage.

Tenenbaum had brought two lawsuits alleging disparate treatment and civil rights violations. One was dismissed because defendants would need to disclose state secrets in their defense, and the other because security clearance issues were found non-justiciable. In 2003, Tenenbaum’s security clearance was restored and upgraded.

Hat tip to the Religion Clause blog. Another blog also noted the story.

Posted by The Editors on Jul 24, 2008 at 12:30AM | Comments (0)

Poor Security Screening of Arab Americans?

According to a recent editorial in Investors Business Daily, sloppy Federal background investigations of Arab American employees have compromised security. As evidence, the editorial mentions several recent instances where Arab Americans were caught improperly accessing information or working for foreign agents.

Posted by The Editors on Jul 23, 2008 at 12:00AM | Comments (0)

Getting Re-Cleared After a Revocation

Antipolygraph.org has posted an exchange about re-acquiring a security clearance years after having one revoked.

Keep in mind that the experiences of others are only representative of possible outcomes and are not applicable in all cases.

Posted by The Editors on Jul 20, 2008 at 09:26PM | Comments (0)

DOE Employee Sues Over Revoked Clearance

An 18-year Department of Energy (DOE) employee is suing after his security clearance was revoked, according to a story in the June 27 New York Times.

ClearedCommunity.com first reported on this story here.

Posted by The Editors on Jun 30, 2008 at 03:23PM | Comments (0)

Army to Require Paralegals Have Clearances

The U.S. Army will soon require that all its paralegals possess a secret-level security clearance, according to Army Times.

Because most of the several hundred soldiers who serve in this specialty already meet the requirement, the restriction primarily applies to paralegal specialists who have had their secret clearance revoked or suspended because of misconduct or derogatory information.

Read more here.

Posted by The Editors on Jun 23, 2008 at 09:31PM | Comments (0)

Jewish American Alleges Bias in Clearance Matter

A Jewish American reportedly claimed he was falsely accused of espionage while undergoing a Department of Defense investigation to upgrade his security clearance.

Posted by The Editors on Jun 15, 2008 at 12:00AM | Comments (0)

Reckless Driving Puts Security Clearance at Risk

According to this blog, a conviction for driving recklessly could put a security clearance at risk.

Posted by The Editors on Jun 14, 2008 at 11:52PM | Comments (0)

Foreign Service Officers Risk Clearances Over E-mails

A recent blog reveals that Foreign Service Officers (FSOs) who maintain e-mail contact with Foreign Service Nationals (FSNs), who are foreigners employed at US embassies abroad, stand to lose their security clearances. At least three FSOs reportedly have had their clearances revoked because of such activity.

Posted by The Editors on Jun 14, 2008 at 11:25PM | Comments (1)

No Clearance, No Badge

Guidelines issued by the Office of Personnel Management regarding presidential transition teams reportedly state that persons who, for whatever reason, may not be able to acquire a security clearance also cannot be issued a computer-readable security badge by a federal agency.

Posted by The Editors on Jun 14, 2008 at 11:12PM | Comments (0)

DoD Inspector Challenges Clearance Revocation

A Department of Defense (DoD) employee whose security clearance was revoked while in process of being upgraded challenged the decision in federal court and won at least a temporary reprieve.

Posted by The Editors on Jun 14, 2008 at 11:04PM | Comments (0)

Lawyer's Essay on Security Clearances

The May 22 edition of the Daily Record, a Rochester, NY, legal newspaper, includes an article by a local lawyer who uses a fictitious example to illustrate problems companies may encounter while contracting with the Department of Defense on work involving security clearances. He discusses how “personal conduct” and “financial considerations” can negatively impact a security clearance determination. He also discusses the Defense Office of Hearings and Appeals.

Unfortunately, the article is not available online, but a copy can be requested by e-mailing editor@clearedcommunity.com

Posted by The Editors on Jun 12, 2008 at 09:46AM | Comments (0)

DOE Employee, Prison Chaplain Loses Clearance

The June 1 Pittsburgh Post-Gazette carried an article on Dr. Moniem El-Ganayni, a nuclear physicist, DOE employee, and Muslim prison chaplain who had his security clearance revoked on “anonymous, unspecified allegations.” He says the FBI asked him about comments he made to prisoners that seemed to justify violence and called into question his allegiance to the U.S. He says he was denied a hearing into the allegations and that his clearance was revoked on national security grounds. The American Civil Liberties Union has taken interest in his case.

‘A lot of people lose their jobs, El-Ganayni said. ‘What bothers me is the way it’s been done. They are taking away my livelihood without any due process. Even a serial killer gets a chance to defend himself. This is not justice.’

Posted by The Editors on Jun 07, 2008 at 11:59PM | Comments (0)

Fed Who Provided False Info Has Clearance Revoked

A Federal employee apparently misused a government credit card, had her security clearance suspended, and later denied the suspension when completing an SF-85, the federal security clearance application, for a new job, according to FedSmith.com.

The woman’s appeals to the Merit Systems Protection Board and a federal court were unsuccessful. Read more here. Read the federal court’s decision here.

Posted by The Editors on May 15, 2008 at 07:55PM | Comments (0)

DoD Changes Clearance Policy on Mental Health

The Department of Defense (DoD) has announced that, effective April 18, military personnel do not need to disclose mental health counseling issues unless the treatment was court-ordered or the result of a violent incident.

Posted by The Editors on May 02, 2008 at 11:29AM | Comments (1)

Couple With Israel Links Denied New Clearances

The Department of Defense has refused to renew the security clearances of two married persons citing their links to Israel but who allegedly had clean records, according to the Zionist Organization of America (ZOA), which filed a friend of the court brief on their behalf. The episode was written about in a ZOA newsletter.

Posted by The Editors on Apr 27, 2008 at 04:06PM | Comments (0)

Former Governor's Clearance Pulled

Former New York State Governor Eliot Spitzer lost his federal security clearance as a result of an investigation into his involvement in a prostitution ring, according to news reports such as the one here. The clearance has allowed him access to threat information shared by the Federal Bureau of Investigtion, U.S. Department of Homeland Security, and other agencies.

Posted by The Editors on Apr 26, 2008 at 07:29PM | Comments (0)

Mental Health and Marines' Clearances

An announcement by the U.S. Marine Corps published by the U.S. Federal News Service on January 28 attempted to reassure Marines who seek mental health counseling that their security clearances were safe. According to the Adjudicative Guidelines governing security clearance policy, mental health issues can be a reason to deny or revoke clearance. But, the Marine Corps says:

A clearance could be removed following a diagnosis from a duly qualified mental health professional suggesting it, but the initial attempt to begin counseling will not reflect the person in a negative manner.

Unfortunately, ClearedCommunity.com could not locate a publicly-accessible copy of the full article on the Internet. We last reported on the issue of mental health and security clearance here.

Posted by The Editors on Apr 13, 2008 at 02:04PM | Comments (0)

Financial Distress and Military Clearances

On April 1, a House Judiciary subcommittee discussed the problem of members of the U.S. armed forces losing their security clearances due to financial distress, often the result of popular, high interest, payday loans. A video webcast and copies of testimony are available on the subcommittee’s website.

Posted by The Editors on Apr 11, 2008 at 12:38PM | Comments (0)

Clearance Holder Arrested, Charged with Aiding China

U.S. Government agents today arrested a naturalized U.S. citizen and charged him with working as an agent for China, passing to the Chinese secret information on U.S. aerospace programs, according to a report by the Associated Press. The man arrested held a security clearance and had worked for a number of U.S. defense contractors throughout a nearly two-decade career.

Posted by The Editors on Feb 11, 2008 at 03:55PM | Comments (0)

Article Highlights Clearance Reforms at State

An article in the January 16 edition of The Washington Independent reviews instances of alleged poor security clearance procedures at the Department of State.

Posted by The Editors on Jan 31, 2008 at 10:55AM | Comments (0)

Clearance Protections for Whistle-Blowers Advance; Courts Would be Given Role in Clearance Decisions

The U.S. Senate has approved the Federal Employees Protection of Disclosures Act), legislation protecting the security clearance of Federal employees who reveal government waste, fraud, and abuse.

Posted by The Editors on Jan 29, 2008 at 04:40PM | Comments (0)

Intel Officers Can Insure Themselves

According to an article in the January 20 New York Times, US Government officials can purchase professional liability insurance to cover costs associated with investigations into their conduct.

The standard policy costs less than $300 a year and “pays up to $200,000 in legal fees for administrative matters like investigations by Congress or an inspector general, or cases involving demotion or dismissal. An additional $100,000 is available for legal fees in criminal investigations, and the policy pays up to $1 million in damages in a civil suit.” Holders of security clearances may want to consider whether such insurance may be useful and available to them.

Posted by The Editors on Jan 24, 2008 at 04:29PM | Comments (0)

Fed Court Upholds Clearance Suspension

A Federal appellate court has upheld an administrative judge’s determination that an employee whose security clearance was suspended was legally removed from his job. The court found that the government had provided minimum due process in notifying the employee in writing of its reasons for suspending his clearance. Notably, the court determined that the employee’s oral reply and submission of documents constituted a sufficent response as allowed under law.

Posted by The Editors on Jan 21, 2008 at 06:30PM | Comments (0)

Clearance Suspensions in History

It is notable that on this day in 1953, Dr. Robert Oppenheimer, a Jewish American, was notified that his security clearance was suspended. (He had directed the Manhattan Project that produced the atomic bombs used during WW II). There were allegations questioning his trustworthiness for association with Communists.

By telegram dated 29 Jan 1954, he requested a hearing. On 4 Mar 1954, he submitted his answer to the original notification. Within two weeks, the Commission informed him who would conduct the hearing, to be led by Gordon Gray. The hearing before the Gray Board began 12 Apr 1954. It returned a result on 29 Jun 1954 that by a vote of 4 to1, it had made a decision against reinstating Dr. J. Robert Oppenheimer’s access to classified information.

(Hat tip to This Day in Jewish History blog)

Posted by The Editors on Dec 23, 2007 at 11:24PM | Comments (0)

Bloggers Discuss Clearance Revocation Procedures

Comments to this blog discuss various procedures for revoking a security clearance. Readers are cautioned to bear in mind that the opinions expressed by these bloggers may not be entirely accurate reflections of proper government procedure in every case.

Posted by The Editors on Dec 20, 2007 at 05:08PM | Comments (0)

Credit Problems Can Lead to Clearance Problems

On November 28, an Indianapolis television station reported on government employees whose jobs were in jeopardy because of problems with their financial credit. The story also contains several comments from readers which add to the discussion.

Posted by The Editors on Dec 20, 2007 at 04:33PM | Comments (0)

Accused Sex Abuser Retains His Clearance

An employee of the U.S. State Department who was investigated for allegedly sexually assaulting a female contractor assigned to his location at a U.S. army base in Iraq retained his security clearance, despite a recommendation by investigators that it be suspended, according to a report by ABC News.

The report should also be accessible here.

Posted by The Editors on Dec 20, 2007 at 03:38PM | Comments (0)

Whistleblower Bill Extends Protections for Cleared Feds

The U.S. Senate has passed S. 274, the Federal Employee Protection of Disclosure Act, which ClearedCommunity.com first reported on here in July.

Posted by The Editors on Dec 20, 2007 at 01:00PM | Comments (0)

Indicted Sheriff Stripped of Security Clearance

According to a November 19 article in the Los Angeles Times, the Orange County Sheriff had his Department of Homeland Security (DHS)-issued security clearance suspended after he was indicted for misusing his office for personal gain.

[DHS] spokesman Larry Orluskie said…the sheriff had lost access to all levels of classified information because ‘any time an employee is under indictment, the first thing we do is suspend their security clearance.’

Posted by The Editors on Dec 17, 2007 at 07:50PM | Comments (0)

MD Schools to Teach About Security Clearances

In a first-of-its-kind program, the Maryland State education system will teach grade school social studies students about security clearances and the behavioral requirements to acquire them. According to a November 29 article (free registration required) in the Washington Post, schools will warn students that having criminal records, financial difficulties, or other problems make it difficult to get a clearance. The curriculum is intended to prepare students to qualify for one of the many military jobs expected to become available in the state in conjunction with ongoing military base realignment.

[State superintendent of schools] Grasmick intends to create “financial literacy awareness” among students, with a personal resource management course established in all school systems that would teach students how to avoid debt, which also can damage prospects for a security clearance….

She said she wants the security clearance educational programs to be established in all school systems by the start of the next school year.

The Post published a follow-up story on December 2, which should be accessible here.

Posted by The Editors on Dec 06, 2007 at 07:55PM | Comments (0)

FBI Agent Accused of Fraudulently Acquiring Clearance

According to a report in yesterday’s Los Angeles Times, federal officials have charged a former CIA and FBI employee with fraudulently acquiring U.S. citizenship, and a security clearance.

Nada Nadim Prouty [is]...accused of improperly taking classified information home while at the FBI, and of working with other Lebanese nationals in what appeared to be a conspiracy to gain U.S. citizenship through fraudulent marriages and then get government law enforcement, intelligence and military jobs with security clearances.

Officials…insisted that thorough background checks had been done. FBI spokesman Stephen Kodak said agents interviewed family, friends and associates in the U.S. and Lebanon to make sure Prouty did not pose a security risk, and that Prouty passed a polygraph test.

See also here.

Posted by The Editors on Nov 15, 2007 at 04:42PM | Comments (0)

DOE Institutes Clearance Drug Tests

Following up on a story ClearedCommunity.com first posted last April, the Department of Energy (DOE) will expand drug testing of federal and contract employees with clearances, according to an October 22 article in Inside Energy.

In a September 14 memorandum to senior DOE officials, [DOE Secretary] Bodman required drug tests when employees apply for security clearances, as well as random tests and for-cause checks once employees have received their clearances. In addition, he prohibited DOE from issuing security clearances to applicants whom the department determines have used illegal drugs during the previous year.

Posted by The Editors on Nov 09, 2007 at 11:21AM | Comments (0)

Court Intervenes in Personnel Investigation Matter

A Federal appeals court reportedly has agreed to hear a case brought against the Government by 28 NASA scientists who claim that new background investigations are intrusive invasions of privacy.

‘This court has recognized the right to informational privacy,’ three circuit court judges wrote in granting the injunction. ‘To justify actions infringing upon the right, the government must show that its use of the information would advance a legitimate state interest and that its actions are narrowly tailored to meet that interest.’

The court said it issued in the injuction in part because the scientists were scheduled to lose their jobs before their case could be tried.

The court’s unusual intervention in a security clearance matter was further illustrated by its observation that:

...the [Government’s] need for the information is questionable in general, ‘given the absence of any apparent relationship between its collection and the production of reliable identification cards for these employees.’

Posted by The Editors on Nov 02, 2007 at 11:00AM | Comments (0)

Attorney Wins "Foreign Influence" Appeal

An attorney reportedly has persuaded a Department of Defense (DoD) administrative law judge not to deny security clearance to his client based upon suspected “foreign influence” grounds.

The Government was concerned that the Applicant “may be manipulated or induced to help a foreign person, group, organization or government in a way that is not in U.S. interests or is vulnerable to pressure or coercion by any foreign interests.” The attorney submitted numerous character references and performance evaluations to DoD on his client’s behalf. The judge found that the information “alleviated any foreign influence concerns.”

Posted by The Editors on Oct 25, 2007 at 01:14PM | Comments (0)

Top Law Firm Wins Clearance Appeal

Nixon Peabody says it won an appeal of a Department of Defense (DoD) security clearance denial for a client who is foreign-born. The firm says a DoD administrative judge determined it was “consistent with the national interest to approve” their client’s application for a new Secret-level clearance, which he required for work with a contractor.

Posted by The Editors on Oct 25, 2007 at 12:46PM | Comments (0)

False Statements or Claims in Clearance Investigation a Crime

A recent law review article, excerpted here, mentions a federal statute used to prosecute individuals who knowingly provide “false information to pursue a government privilege, such as employment or a security clearance.”

Posted by The Editors on Oct 25, 2007 at 11:22AM | Comments (0)

Drug Use Was No Barrier to Clearance at DOE

In statistics recently reported to Congress by the U.S. Department of Energy (DOE), the Department acknowledged issuing thousands of security clearances despite indications of past drug use, including 95 where such use occurred within the last 12 months. Read more here. ClearedCommunity.com first reported on the story last April.

Posted by The Editors on Oct 24, 2007 at 11:57PM | Comments (0)

Court Weighs in on Clearance Revocation, Job Dismissal

The Federal Circuit Court of Appeals reportedly has upheld a decision by the Merit Systems Protection Board (MSPB) to allow the dismissal of a Department of Homeland Security employee whose security clearance had been revoked. The court’s decision is insightful with regard to policies and procedures involved in the revocation of a security clearance.

The court’s decision is accessible here.

(Hat tip to Fedsmith.com)

Posted by The Editors on Sep 03, 2007 at 10:42PM | Comments (0)

Gay Lawyer's Clearance Difficulties

An August 9 article in Newsday describes the difficulties which a gay attorney encountered while serving in federal and state offices requiring security clearance. Eventually, he was hired as a New York City attorney by then mayor Rudy Guiliani.

The article is also discussed on this blog.

Posted by The Editors on Aug 15, 2007 at 11:35AM | Comments (0)

Cleared TSA Employees Randomly Screened

The Transportation Security Administration (TSA) reportedly has begun randomly screening employees at some airports, despite the fact that all hold security clearances.

Also noteworthy, a TSA spokesman revealed the length of passcodes associated with TSA identification badges, possibly helping out anyone who might try to unlawfully gain access. Last April, we reported a similar compromise involving access to computers at the National Counterterrorism Center (NCTC).

Posted by The Editors on Aug 05, 2007 at 07:52AM | Comments (0)

DOE Employee Convicted of Lying on Clearance Application

According to an August 2 report in Aiken Today, a South Carolina newspaper, a US Department of Energy (DOE) employee has been convicted in court of lying on a security clearance application about his place of birth.

Posted by The Editors on Aug 05, 2007 at 07:45AM | Comments (0)

FBI Loosens Policy on Drug Use

To ease the hiring of special agents and analysts to fill remaining job vacancies, the Federal Bureau of Investigation (FBI) reportedly has amended its policies, for security clearance and polygraph purposes, relating to the use of marijuana.

The change may already or soon apply to other federal agencies as well.

The FBI is only the latest law enforcement agency to amend its policies on past marijuana use. Increasing numbers of departments are reporting problems with applicants being excluded over past pot-smoking, and [are] loosening their standards. Even the drug czar’s office understands…

“Increasingly, the goal for the screening of security clearance applicants is whether you are a current drug user, rather than whether you used in the past,” said Tom Riley, a spokesman for the White House Office of National Drug Control Policy. “It’s not whether you have smoked pot four times or 16 times 20 years ago. It’s about whether you smoked last week and lied about it.”

See also this USA Today report.

Posted by The Editors on Aug 05, 2007 at 07:33AM | Comments (1)

Misuse of DHS Computer Leads to Conviction

Abuse of government property can impact security clearance determinations.

On July 26, Newsday reported that a Department of Homeland Security officer assigned to Customs and Border Patrol was convicted of arranging for a records check on her sister to determine why she had been stopped and searched at a border crossing and then denied she’d done so. ClearedCommunity.com editors speculate that had she not lied about the incident, it is likely no charges would have been filed, though she still may have faced disciplinary measures.

Posted by The Editors on Jul 30, 2007 at 12:58AM | Comments (0)

Reporting an Arrest to a Security Officer

On this blog recently, several participants offer a range of advice to a person holding TOP SECRET security clearance who claims to have gotten into trouble with police after a bar fight. Though it is difficult to determine from the postings the best course of action, several alternatives are suggested and considered.

Posted by The Editors on Jul 27, 2007 at 10:21AM | Comments (0)

Former WH Staffer Sentenced

Reuters reported on July 18 that a former staffer in the Office of Vice President Cheney, who held TOP SECRET security clearance and later served as an FBI intelligence analyst, has been sentenced to jail for faxing some 800 classified documents to the Philippines in an effort to help overthrow its government. He is also said to have compromised a government source and to have acted out of ego due to the access he had been granted.

Posted by The Editors on Jul 22, 2007 at 10:54AM | Comments (0)

Congressman Denied Access to Sensitive Docs

According to a report in the July 20 Oregonian, U.S. Congressman Peter DeFazio, a Democrat from Oregon, has been denied access by the White House to documents involving the continuity of government operations in an emergency. No reason was reported for the denial, and it is not clear whether DeFazio already holds a security clearance. As a member of the House Homeland Security Committee, he very well may – at least at the SECRET level.

Posted by The Editors on Jul 22, 2007 at 10:43AM | Comments (0)

WH Tweaks Rules on Clearances for Gays

Members of both parties in Congress are voicing concern over a rule change, imposed by the White House, which may make it more difficult for gays to acquire federal security clearances. Whereas the old rules said sexual orientation “may not be used as a basis” for denying security clearance, the new rules say clearance cannot be denied “solely on the basis of sexual orientation.” House Oversight and Government Reform Committee Chairman Henry Waxman (D-CA) said the change amounts to “covert war” against gays, while two Republican members have requested briefings on the matter.

Read more here or here.

Posted by The Editors on Jul 18, 2007 at 11:23AM | Comments (0)

Documents Often Misclassified

A new U.S. Government report has found a “high error rate” among documents examined for compliance with classification procedures, “calling into question the propriety of their classification.” The finding may have particular relevance to individuals whose security clearances may be at risk for allegedly having mishandled material deemed “classified.”

The findings may also reflect a common perception that intelligence reporting, especially in the diplomatic core, can often be overclassified by its originators, in part to inflate its importance in an effort to ensure greater readership.

A copy of the report may be found here.

(Hat tip to Secrecy News)

Posted by The Editors on Jul 16, 2007 at 02:41PM | Comments (0)

Blogger Proposes Two-Strike Clearance Rule

In reference to a Defense Department request of Congress for greater flexibility in granting security clearance to individuals with criminal records and other less than ideal personal histories, a blogger recommends allowing federal agencies discretion to grant probationary clearances to persons who may have lost or been denied one previously.

The blogger also address expected wait-times for new clearances.

Posted by The Editors on Jul 12, 2007 at 10:45AM | Comments (0)

Whistle-Blower Reacquires Clearance, Awaits Pension

A former Department of Defense analyst who protested when he learned DoD officials had lied to Congress fought successfully to have his security clearance reinstated and now is trying to win back his pension, too. His case was detailed here in the July 7, 2007 Washington Post.

Posted by The Editors on Jul 11, 2007 at 10:49AM | Comments (0)

Cleared DOE-Alamos Employee Said to Have Peddled Drugs

An employee at the Department of Energy Los Alamos Lab, who held the “highest possibly security clearance,” reportedly is without a job after being arrested for dealing cocaine.

Posted by The Editors on Jul 11, 2007 at 10:28AM | Comments (0)

Defendant Denied Preferred Counsel Due to Clearance

The lawyer chosen by a former senior CIA official to defend him in court against corruption charges reportedly has been forced to remove himself from the case because he refuses to apply for security clearance.

A judge removed a high-profile defense attorney on Monday from the case of a contractor charged with conspiring to defraud the CIA because the lawyer refused to submit to background checks.

U.S. District Judge Larry Burns said Mark Geragos placed an undue burden on the court by refusing to obtain a security clearance. Prosecutors said they would have to spend six months sifting through 17,000 pages of evidence to remove classified material because Geragos didn’t have the clearance to see it.

The move may delay the trial against former top CIA official Kyle “Dusty” Foggo and his best friend, contractor Brent Wilkes, Burns said.

Posted by The Editors on Jul 11, 2007 at 10:07AM | Comments (0)

Clearance Procedure Abuses at State

A recent article thoroughly reviews allegations of misconduct by Department of State officials in handling security clearance investigations, harming the careers of foreign service officers. In some cases, investigations have been allowed to continue, unresolved, for more than four years. The cases highlight the extreme and unchecked subjectivity and independence some federal agencies enjoy in handling clearance issuance and renewals.

Posted by The Editors on Jul 06, 2007 at 05:36PM | Comments (0)

Whistleblower Amendments Would Cover Cleared Employees

A bill (S.274) under consideration in the U.S. Senate would extend whistleblower protections to selected federal workers holding security clearances, at an estimated annual cost of $2 million, according to a report by the Congressional Budget Office.

...there generally are between 400 and 500 whistleblower cases per year. S. 274 would expand the definition of protected whistleblowing, [and] create new avenues of appeal for employees who lose their security clearances in retaliation for whistleblowing….

Posted by The Editors on Jul 06, 2007 at 05:17PM | Comments (0)

Future DoD Investigations May Exclude Mental Health

Secretary of Defense Gates reportedly supports a Department of Defense (DoD) Task Force on Mental Health recommendation that applicants for security clearance no longer be asked whether they ever have sought help for a mental health issue.

Too many DOD employees do not seek mental health care specifically because they fear losing their security clearances, Gates said.

The story is also available here and a similar story is here.

Posted by The Editors on Jul 01, 2007 at 09:17PM | Comments (0)

WH Clearance Renewed Despite Breach

Critics of the Bush White House say a senior aide should not have had his security clearance renewed while suspected of having leaked classified information.

A more detailed account of alleged careless White House security procedures can be found here, as well as in a letter from Rep. Henry Waxman, Chairman of the Oversight and Government Reform Committee of the U.S. House of Representatives.

Posted by The Editors on Jul 01, 2007 at 09:02PM | Comments (0)

Down and Out After Clearance Denied

A blogger recently revealed her disappointed with the manner and outcome of a security clearance investigation tied to a new job she had hoped to begin. Her frustrations may seem familiar to many and informative for yet others.

Posted by The Editors on Jul 01, 2007 at 08:55PM | Comments (0)

DoD Weighs Dropping Mental Health Query

The Department of Defense (DoD) reportedly is considering omitting from security clearance questionaires queries relating to mental health after finding that service members avoid needed counseling because they believe that getting it – and acknowledging it – could cost them their clearance as well as do other harm to their careers.

However, DoD notes that, last year, less than .05 percent of some 800,000 people investigated for clearances were rejected on the sole issue of their mental health profile.

The story is also accessible here or here.

Posted by The Editors on Jun 18, 2007 at 04:33PM | Comments (0)

More on DoS, Mental Health, and Security Clearances

Last month, ClearedCommunity.com posted information relating to allegations that the Department of State has suspended or revoked the security clearances of detailees to Iraq who, upon their return to the States, reported concerns possibly indicative of ill mental health.

On Tuesday, June 19, at 2pm, the Middle East subcommittee of the House Foreign Relations committee will take testimony from Dr. Laurence Brown, Director of the Department’s Office of Medical Services. Brown could touch upon, or be asked about, this issue.

Posted by The Editors on Jun 13, 2007 at 09:28AM | Comments (0)

Author: CIA Denied Me Clearance As Retaliation

According to a report in the Fairfax Times, a former Central Intelligence Agency polygrapher who, upon retirement, wrote a book about his tenure at the Agency says the CIA retaliated against him by denying him a security clearance he needed for a new job.

Posted by The Editors on Jun 08, 2007 at 10:47AM | Comments (0)

Former Guardsman Faces Charges for Lying on Security Clearance Application

According to a report in the June 6 Buffalo News, a former Air National Guardsman faces charges for allegedly lying on a federal security clearance application.

Posted by The Editors on Jun 06, 2007 at 05:18PM | Comments (0)

After Questioning 9/11 Attacks, Soldier Loses Clearance

The May 30 Fort Worth Weekly reports that a U.S. soldier who, in an official e-mail to colleagues on his army base, suggested the “Military Industrial Complex,” not Arabs, benefitted from the September 11, 2001, terrorist attacks, was stripped of his security clearance, fired from his intelligence job, reassigned menial work, ordered to undergo a mental health exam, and told not to speak to the press.

The incident is discussed, in detail, on this blog.

Posted by The Editors on Jun 01, 2007 at 12:16PM | Comments (0)

Whistleblowers Lose Clearance, Seek Justice

In an April 24 article, Mother Jones reported on cases of federal whistleblowers who lost their security clearances and fought to have them and their jobs reinstated.

Posted by The Editors on May 30, 2007 at 09:43PM | Comments (0)

Whistleblowers Lost Clearances

A writer discusses recent attention in Congress to protecting federal whistleblowers who identify waste, fraud, and abuse at their agencies and identifies the cases of four whistleblowers whose security clearances were revoked.

Posted by The Editors on May 30, 2007 at 05:24PM | Comments (0)

DoD Contractor Jailed for Porn

According to a May 25 Associated Press report, a contractor working for the Department of Defense (DoD) at Abu Ghraib Prison in Baghdad, Iraq, has been sentenced to more than three years in prison for viewing and storing child pornography on his military-issued laptop computer. The contractor’s security clearance was reportedly revoked after an investigation and he was prosecuted under the Military Extraterritorial Jurisdiction Act, which allows for DoD contractors to be prosecuted in federal courts for crimes they commit while overseas.

The story is also accessible here, here, or here.

Posted by The Editors on May 30, 2007 at 04:59PM | Comments (0)

Discrepancies in DoD Clearance Hearings

A blogger (after clicking, scroll down or search for “clearance”) has revealed different procedures at the Department of Defense (DoD) in security clearance suspension and revocation matters for contractors and military/civilians. He asks why contractors face far fewer hurdles when defending their security clearances. He says, for instance, that contractors may request a hearing before any revocation decision has been made and enjoy a higher government burden of proof.

Posted by The Editors on May 23, 2007 at 11:00PM | Comments (0)

Despite FBI Intervention, DHS Official Retains Clearance, Job

A web blog discusses the case of Faisal Gill, a candidate for state elected office in Virginia who was briefly suspended by the Department of Homeland Security after the Federal Bureau of Investigation questioned his truthfulness on his security clearance application. Gill was later cleared to return to work with clearance.

Posted by The Editors on May 18, 2007 at 12:59PM | Comments (0)

DOE Contractor Pleads Guilty to Taking Classified Home

According to a U.S. Department of Justice press release, a contractor at the U.S. Department of Energy’s Los Alamos National Laboratory has pled guilty to taking electronic and hard-copy classified documents from work and storing them in her home, which was not approved for such storage. She lost her security clearance, which reportedly was a Q-level clearance.

Posted by The Editors on May 17, 2007 at 05:50PM | Comments (0)

Contractor Prevails at Clearance Revocation Hearing

An attorney whose client, a defense contractor, faced possible revocation of his security clearance after allegedly misusing a company credit card successfully defended against the U.S. Government which had argued that clearance revocation was in the interests of national security.

The attorney argued that the Administrative Judge consider the “whole person” concept in weighing the totality of facts and omissions. The Judge found in favor of the applicant for each and every allegation raised in the Government’s Statement of Reasons to revoke clearance.

Read more here.

Posted by The Editors on May 17, 2007 at 05:38PM | Comments (0)

Protection Sought for IC Whistle-Blowers

Two former Federal Bureau of Investigation employees appealed to Congress not to exclude employees of Intelligence Community (IC) agencies from new protections for Federal whistle-blowers.

National security whistle-blowers often find themselves sidelined, without a security clearance and without a job, the American Civil Liberties Union said in a report.

Posted by The Editors on May 16, 2007 at 12:43AM | Comments (0)

More on DOS Clearances and Mental Health

At today’s daily press briefing, a Department of State (DOS) spokesman again denied reports that employees stationed in Iraq or Afghanistan who seek mental health counseling put their security clearances at risk. He also corrected data announced earlier on the number of clearances currently in process of suspension or revocation. His figure, 40, however, is at variance with that of a watchdog group, which claims some 53 clearances are currently under review.

Posted by The Editors on May 08, 2007 at 05:45PM | Comments (0)

DOS Denies Clearances Suspended Due to Mental Illness

The Department of State (DOS) spokesman today denied allegations that the Department’s Bureau of Diplomatic Security (DS) has suspended the security clearances of persons serving in Iraq who voluntarily sought mental health counseling.

...I would find it personally hard to believe based on my understanding of the situation that there is any widespread effort to either suspend or revoke people’s security clearance, simply for reporting that they might or might not be having some kind of mental health issue associated with service in Iraq and Afghanistan.

The group Concerned Foreign Service Officers says it “has seen numerous cases where even allegations of mental health issues…have been referred by [the Office of Medical Services] to DS, usually resulting in recommendations to revoke a clearance.”

Posted by The Editors on May 04, 2007 at 11:27PM | Comments (0)

Amendments Proposed to Clarify Adverse Actions

The Federal Office of Personnel Management on Tuesday published in the Federal Register proposed amendments to “clarify adverse action rules regarding employee coverage.” The amendments follow Federal court rulings, first highlighted by ClearedCommunity.com in January, granting probationary employees certain procedural and appeal rights. The issue is important to holders of security clearances because Federal agencies can and do exploit probationary periods to suspend or revoke clearances without challenge.

Posted by The Editors on May 02, 2007 at 02:35AM | Comments (0)

Cleared LEO Discloses Password Formats

In a media interview, a Galesburg, Illinois, law enforcement officer (LEO) who recently returned from temporary assignment to the FBI’s Joint Terrorism Task Force (JTTF) where he was granted and retains top-secret security clearance revealed the format of passwords used to access JTTF computers within the National Counterterrorism Center. Whether the revelation should or will threaten his clearance remains to be seen.

Posted by The Editors on Apr 24, 2007 at 08:19PM | Comments (0)

Hill Dem Says White House Mishandles Security

In a new letter to White House Chief of Staff Andrew Card, Representative Henry Waxman (D-CA), Chairman of the House Oversight and Government Reform Committee, reveals multiple reported instances of security lapses at the White House, including the mishandling of classified information, some of which failed to prompt security clearance reviews. White House policy and procedures relating to security clearance issues and its staff may or may not be relevant to the handling of similar issues by security officials at other government agencies.

Rep. Waxman’s letter is also published here.

Posted by The Editors on Apr 24, 2007 at 10:07AM | Comments (0)

Army Enlistee, Blogger Loses Clearance

A 19-year-old Army enlistee trained as an Intelligence Analyst, issued a top-secret security clearance, and assigned to a base in Georgia had his security clearance suspended and, about seven months later, revoked after it was discovered he started a blog containing criticism of U.S. Government spending policies, according to an anti-war website. He says Army investigators accused him of espionage and of possibly supporting the overthrow of the U.S. Government. He has since left the Army, saying he could no longer do the job he was trained to do and now “want[s] to counter the whole idea that just because you think you might have messed up one area of your life, your life is ruined forever.”

Posted by The Editors on Apr 21, 2007 at 11:45AM | Comments (0)

Drug Use Issues Prompt Clearance Reforms at DOE

An internal Department of Energy (DOE) investigation, prompted by a recent case where a DOE employee with a drug problem was caught with classified material in her home, has identified nearly three dozen cases of clearances issued despite recent drug use. The DOE plans “sweeping changes…in the issuance of clearances,” according to a Time magazine report. Recent drug use will be cause for termination of a security clearance application.

The Danger Room blog also covered the story.

Posted by The Editors on Apr 21, 2007 at 11:32AM | Comments (0)

Contractor's Clearance Revoked After Reported Tampering, Threat

A contractor employed by Science Applications International Corporation (SAIC) and assigned computer work at a California agency which manages electricity transmission state-wide had his security clearance revoked in mid-April after an unspecified dispute with his employer. The contractor reportedly had tampered with the agency’s computers and made a bomb threat against the facility. The sequencing of events that precipitated adverse action against his security clearance is not clear from available press reporting by KNBC Los Angeles.

Posted by The Editors on Apr 21, 2007 at 11:18AM | Comments (0)

CIA Discloses Personnel Procedures

The CIA has disclosed information pertaining to the creation and operation of an administrative unit called the “CIA Personnel Evaluation Board,” which is “the primary mechanism for reviewing employee suitability and security cases that may result in the imposition of serious discipline, termination of employment, or revocation of security clearances.” Some of the material is relevant specifically to CIA contract employees, who are different than contractors. (“Contract employees” can be retired CIA officers who retain their clearances and act as consultants to the Agency.)

Learn more about the CIA disclosures and their implications here.

(Hat tip to the Federation of American Scientists’ Secrecy News project.)

Posted by The Editors on Apr 11, 2007 at 05:29PM | Comments (0)

WH Leak Never Prompted Adverse Security Clearance Action

A mid-March letter by Representative Henry Waxman, Chairman of the House Oversight and Government Reform Committee, to White House Chief of Staff Josh Bolton cites Committee testimony by James Knodell, Director of the White House Office of Security, which revealed White House policies and procedures with regard to security clearances during leak investigations. The White House took no adverse action against any White House staff while a criminal probe was underway, despite alleged security risks in not doing so. The policies and procedures may or may not be relevant to investigation and security procedures at other Federal agencies.

Posted by The Editors on Apr 08, 2007 at 11:53AM | Comments (0)

Former CIA Officer Sues Over Clearance

A 31-year Central Intelligence Agency (CIA) polygrapher is suing his former employer alleging it wrongfully suspended his security clearance in retaliation for his attempting to publish a book about his experiences at the Agency. His attorney says the Agency refused to review the book, which his client voluntarily submitted, to certify it does not expose classified information. The episode is yet another indication of how the most sensitive U.S. intelligence agencies enjoy unchecked authority to threaten the clearances of their employees. Find a press release on the case, with links to the complaint and the attorney’s letter to the CIA, here.

(Hat tip to Secrecy News.)

Posted by The Editors on Apr 05, 2007 at 03:48PM | Comments (0)

Army Interpreter Challenges Clearance Suspension

A U.S. Army interpreter alleges that his security clearance was improperly suspended after he was falsely accused of stealing government property. He says he was targeted because he is Muslim. The Army reportedly questioned him about the property but did not charge him with theft. His appeal to a U.S. Senator for help resulted in a request to the Army to review his case. Read more here or here.

Posted by The Editors on Mar 24, 2007 at 10:02PM | Comments (0)

Contractor Indicted For Lying on Clearance Papers

According to an Associated Press story in today’s Boston Herald, a Department of Defense contractor has been indicted in federal court for lying and failing to disclose foreign contacts on her security clearance application.

[Beatrice C.] Ruiz failed to disclose the foreign contacts and activities in response to direct questions and when completing security documentation forms, authorities said.

ClearedCommunity first reported the story last December.

Posted by The Editors on Mar 15, 2007 at 04:41PM | Comments (0)

OMB Opposes Bill Protecting Clearances

The U.S. Office of Management and Budget (OMB) has announced its opposition to H.R. 985, a bill introduced in the U.S. House of Representatives that would protect some federal “whistleblowers” from adverse security clearance action for disclosing classified information. ClearedCommunity.com first reported on H.R. 985 here. OMB says the measure would compromise national security, violate the Constitution, and prove burdensome and unnecessary, generating additional “frivolous complaints and wasted resources.”

The advocacy group Concerned Foreign Service Officers supports the bill. (For a more detailed explanation of the group’s position, visit this section of their website.)

Posted by The Editors on Mar 14, 2007 at 03:11PM | Comments (2)

Fed Court Sides With Suspended DOJ Employee

The Federal Circuit Court of Appeals has ruled that the Department of Justice Office of Professional Responsibility (DOJ/OPR) failed to give an 18-year Drug Enforcement Agency employee sufficient explanation of its decision to suspend his security clearance and place him on indefinite suspension pending the outcome of an investigation into alleged wrong-doing. By not providing adequate information, the Court ruled DOJ had denied the employee due process. The employee may now be entitled to reinstatement and two years back-pay.

Read a news account of the case here.

Read the Court’s ruling here.

Posted by The Editors on Mar 07, 2007 at 03:16PM | Comments (0)

CRS Reviews DOE Polygraph Use

A new report by the Congressional Research Service (CRS) reviews changes in the use of polygraph exams at the Department of Energy (DOE). The report, “examines how the DOE’s new polygraph screening policy [which limits instances in which the exam may be utilized] evolved and reviews scientific findings with regard to the polygraph’s accuracy.”

(hat tip to SecrecyNews).

Posted by The Editors on Mar 05, 2007 at 04:43PM | Comments (0)

Man Acquires Clearance Using Fake Identify

The Washington Post reported on February 15 that a man using an assumed identity was able to acquire secret and top-secret security clearances and work as a federal contractor.

(Hat tip to this blog.)

Posted by The Editors on Feb 16, 2007 at 12:28PM | Comments (0)

Court Sides With DOE Analyst Who Lost Job, Clearance

Time Magazine has published an article online about a security analyst at a Department of Energy facility who won in court after alleging he was wrongfully terminated from his job.

Shawn Carpenter reportedly took it upon himself to track down hackers into a DOE network despite warnings from supervisors that he desist. His activities were investigated, his clearance suspended, and he was fired. However, a court has decided in his favor. Carpenter is said to be now working, with a clearance, for a federal contractor.

Posted by The Editors on Feb 15, 2007 at 12:42PM | Comments (0)

Blog Endorses Adjudication Hearings

Blog Lawyer carries a post urging persons holding Department of Defense clearances to take advantage of adjudicative hearings when those clearances are at risk of suspension or revocation. Persons who do so, the article argues, stand a better chance of retaining their clearance.

In all but the rarest of cases we strongly recommend that your case be decided through a hearing/appearance. For all practical purposes a security clearance decision is going to be won or lost at that hearing.

The article also traces an adjudication process:

...Central Adjudication Facility (CAF) issues a Letter of Intent (LOI); employee responds to LOI; CAF issues Letter of Denial/Revocation (LOD); employee appeals LOD; Administrative Judge issues recommendation; Personnel Security Appeals Board (PSAB) of CAF issues final decision.

Confidential clearances are said to last 15 years; Secret, 10 years, and TS, or Top Secret, five years, before a Periodic Reinvestigation, or PR, is triggered.

Posted by The Editors on Feb 14, 2007 at 12:23AM | Comments (0)

Incomplete Disclosures Threatened Clearance

An article in Potomac News, a northern Virginia community newspaper, reveals problems encountered by a former Department of Homeland Security official when it was learned he had prior affiliations with Muslim American groups which were thought to have been not fully-disclosed on his security clearance application and ethics forms. The official reportedly was temporarily suspended and questioned before being cleared, but was the incident preventable?

Posted by The Editors on Feb 02, 2007 at 10:14AM | Comments (0)

House Committee Reports on Berger Case

The minority (Republican) staff of the House Government Oversight Committee has released its report into the illicit activities of former National Security Adviser Sandy Berger during his review of classified material at the National Archives in preparation for testimony before the “9/11 Commission.” As a result of his actions, Berger’s security clearance was temporarily suspended.

Posted by The Editors on Jan 11, 2007 at 02:58PM | Comments (0)

Legal Training in Handling Clearance Cases

The District of Columbia Bar Continuing Legal Education sponsors training on security clearance cases and how to defend against security clearance denials and revocations. The course is intended for both lawyers and persons holding clearances who want to better understand problems surrounding clearances. The next class will be held January 18, 2007.

Posted by The Editors on Jan 07, 2007 at 01:05AM | Comments (0)

Lying on Clearance Application Draws Sentence

A New Jersey man received three years probation after lying on his federal security clearance application for an Air Marshal job. He reportedly withheld information on two previous jobs and outstanding credit debt.

Posted by The Editors on Jan 07, 2007 at 12:56AM | Comments (0)

Court: Certain Probationers Have Rights

Some government agencies use probationary periods, during which employees have limited if any administrative rights, to suspend or revoke clearances. However, two recent federal court cases have yielded decisions permitting some probationary employees certain rights.

According to a report issued by the United States Merit Systems Protection Board, the two cases:

...provide that some individuals who have traditionally been thought of as probationers with limited rights may actually be entitled to the same rights afforded to employees with finalized appointments. [emphasis added]

Posted by The Editors on Jan 03, 2007 at 09:12AM | Comments (0)

Minor Violation May Endanger Clearance

In Michigan, a trial attorney is concerned that a contempt of court order imposing a 15-day jail term could jeopardize his military-issued security clearance.

A Livingston County attorney convicted of a contempt of court charge says he will ask the Michigan Court of Appeals to reconsider its decision upholding a Livingston County Circuit Court ruling that could send him to jail…

Dickson says he’s concerned that serving the jail term may affect his status with the military, where he is a member of the Army National Guard. “I’m in the military police, and it might impact my security clearance,” he said.

Posted by The Editors on Dec 30, 2006 at 09:48AM | Comments (0)

Report Details Former NSC Chief's Misdeeds

A National Archives Inspector General report details former National Security Adviser Sandy Berger’s mishandling of classified material. Berger took and hid classified documents, some of which he later destroyed, and then lied to Archives investigators about the incident. In addition to payment of a fine, Berger will lose, for three years, the privilege of holding a security clearance.

President Clinton’s national security adviser removed classified documents from the Archives, hid them under a construction trailer and later tried to find the trash collector to retrieve them, the agency’s internal watchdog said.

Posted by The Editors on Dec 20, 2006 at 11:20PM | Comments (0)

Financial Debt and Military Security Clearances

As posted previously to ClearedCommunity.com, increasing numbers of military enlistees are losing their security clearances because of mounting personal financial debt. A recent article in The New American identifies a specific debt/income ratio it says will put soldiers’ clearances at risk.

An increasingly common reason for lost security clearance is debt. Depending on the military branch, when service members’ debt payments are 30 to 40 percent of their salary, security clearances are revoked.

Posted by The Editors on Dec 10, 2006 at 04:49PM | Comments (0)

DoD Contractor Charged With Lying During Clearance Upgrade

A Department of Defense contractor has been charged with lying after investigators determined she had suspicious business contacts which she allegedly failed to disclose in interviews and papers connected to a security clearance upgrade.

Posted by The Editors on Dec 09, 2006 at 05:34PM | Comments (0)

FBI Says Polygraphs, Cooperation Key to Keeping Clearance

The FBI is investigating suspected leaks of information pertaining to public corruption cases. Press reporting indicates that the FBI may compel personnel to take polygraph exams and cooperate with investigations or risk losing security clearance and pay. Inferred, but not clear to be true, is that the FBI does not suspend clearances and pay despite such cooperation; cooperation may not save one’s clearance or job.

Posted by The Editors on Dec 07, 2006 at 03:44PM | Comments (0)

FBI Clerk Abused Clearance to Collect Information

A former FBI clerk in Hawaii has pleaded guilty to knowingly compromising information related to drug investigations, she says in order to keep her husband, an alleged drug dealer, from associating with certain individuals. The FBI accused the clerk of “going beyond her clearance” to access the information.

Posted by The Editors on Nov 29, 2006 at 04:35PM | Comments (0)

Hill Staffer's Clearance Reinstated

A Democratic Professional Staffer Member on the House Permanent Select Committee on Intelligence who had been accused of leaking details of a National Intelligence Estimate on Iraq to the press has had his security clearance reinstated, according to a November 17 Washington Post article, after an investigation by Republican committee chairman Peter Hoekstra found “no evidence of wrongdoing.”

ClearedCommunity.com first reported on the clearance suspension here.

A quick and assertive response by counsel, in this case, probably helped ensure a swift resolution to the matter.

Posted by The Editors on Nov 21, 2006 at 11:07PM | Comments (0)

Another Pentagon Analyst's Clearance Restored Upon Congressional Intervention

A Defense Intelligence Agency employee who testified on Capitol Hill regarding whistleblower protection laws and whether government employees with security clearances are sufficiently protected against certain forms of retaliation, including clearance suspensions and revocations, reportedly has had his clearance reinstated after a key House Government Reform Committee member intervened on his behalf.

Read more here.

Posted by The Editors on Nov 21, 2006 at 10:59AM | Comments (0)

Pentagon Restores Clearance After Congressional Intervention

The Department of Defense has restored the security clearance of Joseph Baum, an expert in protecting structures from bomb attacks, after his Congressman intervened. The Pentagon had revoked the clearance after it was learned Baum has immediate family in Israel and visits there often.

Posted by The Editors on Nov 17, 2006 at 10:57AM | Comments (0)

Former Air Marshal Sues Over Dismissal

The Secrecy Project of the Federation of American Scientists has posted an update about a former Federal Air Marshal Service employee fired after disclosing to the media “sensitive security information” (SSI) he felt exposed mismanagement. Although it is not clear whether the case involved revocation of a security clearance, it demonstrates new government processes for designating and protecting certain unclassified information which security clearance-holders may be required to protect.

The US Government – in particular, the Department of Homeland Security – is making more frequent use of SSI as a means to protect certain information otherwise unclassified. The Secrecy Project has more here.

Posted by The Editors on Nov 08, 2006 at 12:31PM | Comments (0)

State Inspector General Report Finds Delays but Few Abuses in Clearance Review Process

A recent Department of State Inspector General report on State’s clearance revocation process has found unnecessary delays in hearing appeals but no evidence of claims of “bias, prejudice, or ignorance.” The claims were raised by Concerned Foreign Service Officers (CFSOs), a small coalition of State employees whose clearances, and jobs, are threatened.

Read more on the report’s findings here. Order a hardcopy of the report by following instructions here or read an online PDF version here.

Read CFSOs press release highlighting deficiencies in the Inspector’s General report.

Posted by The Editors on Oct 24, 2006 at 09:44AM | Comments (0)

Cleared Hill Staffer Prey to Pre-Election Politics?

A Democratic Minority staffer on the House Permanent Select Committee on Intelligence reportedly had his access to classified information suspended this week as Committee Republicans and Democrats spar over the source of a leaked National Intelligence Estimate which faulted the war in Iraq for creating more terrorists.

In a letter to House speaker Dennis Hastert, House Minority leader Nancy Pelosi expressed anger that the decision to suspend the staffer’s clearance came without a proper investigation, in violation of House rules.

[Reports conflict over whether the staffer’s clearance was suspended or whether the staffer, technically, retains the clearance but had access to classified materials revoked.]

Read other reports of the story here, here and here.

Read an October 24, 2006, Washington Post editorial on the episode here.

Read a follow-up story on the staffer’s affidavit denying any leak here.

Posted by The Editors on Oct 21, 2006 at 06:49PM | Comments (0)

Veteran Army Employee Faces Security Review

A 33-year Army employee has had her security clearance downgraded pending further review after it was discovered she hosted foreign national baseball players in her home, from where she also was able to access work-related classified information. Read the October 5 Washington Post story here and the newspaper’s October 7 rebuke of the Army here.

Posted by The Editors on Oct 09, 2006 at 04:53PM | Comments (0)

US Appeals Court Hears Case Involving Clearance Revocation

David Hall, a former US Army whistleblower, who had his security clearance revoked after revealing Army environmental abuses, has asked a federal appeals court to reinstate a judgment against the Army in a harassment claim, according to a report by Salt Lake City’s KUTV. The case could have implications for federal court intervention in security clearance matters.

...[federal court] judges questioned whether they had the authority to examine the Army’s decision to revoke Hall’s security clearance. They said court precedents prohibit judges from examining security-clearance decisions.

[However, Hall’s attorney] argued that evidence showed that the decision to revoke Hall’s security clearance was discriminatory and that courts have a long history of dealing with discrimination claims:

“We’re not suggesting … that you decide whether clearance should be issued or not. There is a right to be free of discrimination. You have to determine where that line is drawn. You can’t say anything an agency does in the name of security clearance is immune from review.”

Posted by The Editors on Sep 28, 2006 at 11:58AM | Comments (0)

Navy Reservist Faces Clearance Review For Fraud

A Navy reservist alleged to have defrauded his employer, Florida’s Delray Beach Police Department, faces a police investigation and a security clearance review, according to press reporting.

An apparent Navy spokesman said the Navy “will wait until the civilian process has taken its course” before taking further action, but acknowledged that the reservist’s clearance was under review.

Posted by The Editors on Sep 26, 2006 at 04:49PM | Comments (0)

"Able Danger" Source Loses Clearance

The Department of Defense (DoD) intelligence officer who first spoke publicly about Able Danger – a secret military unit whose analysis, he argued, identified some of the September 11 hijackers and could have prevented the attack had Pentagon leaders allowed information to be shared with the FBI – had his security clearance revoked as a result of his actions.

The DoD Inspector General issued a report concluding, in part, that, while the officer was not a victim of retaliation, “procedural oversights” were committed against him by investigators.

Read the story here. And more here from a congressman who sided with the officer.

Posted by The Editors on Sep 22, 2006 at 10:01AM | Comments (0)

The Polygraph Revisited

The Federation of American Scientists’ Project on Government Secrecy’s Secrecy News has disseminated a tribute to David Lykken, a “psychologist who did pioneering research and public education on the limits and abuses of polygraph testing,” who died this week.

Secrecy News references a newly-released Department of Justice (DOJ) Office of Inspector General report which reviews the use of polygraph examinations by DOJ entities, including the FBI. The report is a critical tool for understanding the types of exams and circumstances in which they are employed by DOJ in administrative, security, and criminal, counterterrorism, and counterintelligence investigations. Anyone planning to take the exam for any reason would be wise to first read the report, as well as other resources on polygraphs available by searching ClearedCommunity.com

Posted by The Editors on Sep 20, 2006 at 10:09PM | Comments (0)

Diplomats Complain of Delayed Action on Clearances

An exceptionally-revealing article on September 18 in the Washington Times quotes diplomats at the Department of State complaining of delays resolving security clearance disputes with the Department’s Diplomatic Security Service (DSS). While DSS claims it is acting in accordance with “administrative regulations,” the diplomats complain that DSS procedures lack transparency and that adverse actions “drag on for years” unresolved, holding up careers without proper findings of wrong-doing.

Several have accused [DSS] in interviews of “abusing the security clearance process” by punishing “whistleblowing, dissenting viewpoints or minor acts of possible misfeasance unrelated to national security.” “All I want is a resolution, even if they decide to revoke my clearance,” said Daniel Hirsch. “At least, I’ll be able to take further action. Now, my hands are tied, and I’m just waiting while my career is being destroyed.”

Posted by The Editors on Sep 19, 2006 at 02:18PM | Comments (0)

Former DIA Analyst Who Pled Guilty to Storing Classified Material Originally Retained His Clearance

A former Defense Intelligence Agency analyst who has pled guilty to charges of improperly retaining classified material was originally investigated by the FBI more than a decade ago but allowed to retain a security clearance. A report reveals few details about the circumstances of the original investigation, though it is said the analyst may have compromised a sensitive foreign surveillance program.

Posted by The Editors on Sep 17, 2006 at 06:38PM | Comments (0)

Armitage Retained Clearance Despite Acknowledging Leak

In an interview with the Associated Press, former Deputy Secretary of State Richard Armitage says that he regrets inadvertently leaking the name of covert CIA operative Valerie Plame and that, despite discussing the matter with his boss, Secretary Powell, and FBI agents, he continued to serve and hold a security clearance.

Posted by The Editors on Sep 13, 2006 at 05:32PM | Comments (0)

Pentagon 9/11 Survivors Fear Seeking Counseling Could Jeopardize Clearance

The Baltimore Sun reported today that survivors of the September 11, 2001, attack on the Pentagon fear that seeking counseling to help cope with the tragedy could jeopardize their security clearances.

There is survivor guilt and, among some, a painful recognition that the Defense Department did not, on that day, defend…. Some are afraid to seek counseling out of concern that it would jeopardize the security clearances on which their employment depends.

Posted by The Editors on Sep 08, 2006 at 11:16PM | Comments (0)

Porn Allegations Prompt Clearance Suspension

A TSA employee suspected of using child pornography had his security clearance suspended, reports the local NBC news affiliate in Washington, DC.

WASHINGTON—A Transportation Security Administration employee based at National Airport has been arrested on child pornography charges…

The TSA said [the employee’s] security clearance has been deactivated and that he is suspended pending the investigation.

Posted by The Editors on Sep 02, 2006 at 10:42AM | Comments (0)

US Servicemen Losing Clearances in Record Numbers Due to Financial Difficulties

A July 2006 article in Canadian Business reports that “the number of low-earning [US] servicemen who have lost their security clearance as a result of financial problems climbed 1,600 percent between 2000 and 2005.”

Read more on this emerging concern in this previous ClearedCommunity.com post.

Posted by The Editors on Aug 24, 2006 at 12:38AM | Comments (0)

Guiding Employers on Clearance Investigations

Washington, DC, attorney Rand Allen teamed with a colleague to pen a thorough review of policies and procedures involved in a security clearance investigation.

In light of the opportunities available to defense contractors and other businesses seeking to obtain contract awards after 9/11 or the post-war Iraq era, a decision to deny or revoke a security clearance of a particular officer or employee can have serious ramifications for that government contractor…

The article cautions employers to seek to identify potential impediments to clearance in the pre-employment process and offers strategy on responding to the government’s Statement of Reasons (SOR) denying or revoking a clearance.

Posted by The Editors on Aug 10, 2006 at 04:09PM | Comments (0)

National Security Whistleblowers

In February 2006, Washington, DC-based attorney Mark Zaid, consulted often by Congress on security clearance issues, testified before a House committee on the need for greater protections for federal whistleblowers.

Posted by The Editors on Aug 10, 2006 at 01:18AM | Comments (0)

Federal Officials Lost Clearances After Threat Info Leaked

In October 2005, the New York Times reported that two federal officials, one at the Department of Homeland Security and the other a U.S. Coast Guard employee, lost their security clearances after it was discovered, through e-mails, that information regarding threats to New York City had been leaked.

Posted by The Editors on Aug 09, 2006 at 12:44AM | Comments (0)

Wife of Accused Spy Retains CIA Clearance

July 15, 2005: The wife of an accused spy has been allowed to retain her CIA-issued security clearance, despite reportedly knowing, for years, of classified documents linked to her husband improperly stored in their home. Time magazine has the story.

Posted by The Editors on Jul 28, 2006 at 10:10PM | Comments (0)

Citing Foreign Influence or Preference in Clearance Denials

July 13, 2006: The House Government Reform Committee held a hearing to examine what, if any, role considerations of foreign influence play in security clearance determinations. The Federation of American Scientists reports on and links to the hearing.

Posted by The Editors on Jul 28, 2006 at 10:05PM | Comments (0)

Government Applies New Tool in Clearance Investigations

July 6, 2006: USAToday has printed a detailed story about the Federal government’s use of National Security Letters (NSLs) to request consumer, financial, travel, and other personal information about investigation suspects. The FBI reportedly uses such letters to collect consumer, financial, travel and other data from “all commercial entities” in investigations of Executive Branch employees holding security clearances.

What details can you share about the Government’s use of NSLs in investigating federal employees? Share your insights below.

Posted by The Editors on Jul 28, 2006 at 09:18PM | Comments (0)

An Inside Look at FBI Counterintelligence Techniques

July 2006: The Federation of American Scientists has posted court papers filed in the case of United States v. Donald W. Keyser, in which the Government reveals details about counterintelligence techniques used in its investigations. The papers also address the Defendant’s alleged activities while holding a security clearance.

Posted by The Editors on Jul 28, 2006 at 09:07PM | Comments (0)

Congress Acts to Protect Whistleblowers But Excludes Cleared Personnel

June 26, 2006: The United States Senate has voted overwhelmingly to provide additional protections for government whistleblowers but exempted employees of intelligence agencies. See also a report by UPI. (Editor’s Note: If this link does not function, try adding an equals sign to its end.)

Our Links page has more information on organizations and activities to protect government whistleblowers.

Posted by The Editors on Jul 27, 2006 at 09:47PM | Comments (0)

Op-ed: Leakers Ought to Lose Their Clearances...Forever

June 24, 2006: According to an opinion article in the Washington Times, once they are identified, government officials who leaked to the press details about a classified program to disrupt terrorist finance ought to be permanently barred from holding a security clearance.

Are certain leaks of information in the public’s interest and worthy of protection? Share your thoughts by leaving a comment.

Posted by The Editors on Jul 27, 2006 at 09:42PM | Comments (0)

Veteran Diplomat Says Israel Links Costs Him His Clearance

June 2006: An article in the New York Sun reports the case of a State Department diplomat whose security clearance was suspended allegedly due to ties to Israel.

Posted by The Editors on Jul 27, 2006 at 09:23PM | Comments (0)

Payday Loans Put Cash-Strapped Sailors' Clearances at Risk

June 2006: Sea Power magazine reports that enlisted personnel have risked, and in some cases lost, their security clearance after taking high-interest payday loans that ultimately impair their finances and make them appear a security threat.

US Senator Jim Talent, citing security clearance concerns, is taking action to limit debt burdens associated with payday loans. Read about it here. An amendment he fashioned to limit interest charged military personnel reportedly was included in the 2007 defense appropriations bill.

Have military clearance adjudicators stepped too far here, or do they have a legitimate concern that cash-strapped cleared personnel might compromise classified information to improve their finances? Share your thoughts below.

Posted by The Editors on Jul 27, 2006 at 09:12PM | Comments (0)

Laptop Mismap Prompts VA to Ramp Up Security Investigations

May 26, 2006: According to news reports, the Department of Veterans Affairs (VA) plans to review current employees’ access to sensitive data and require new background investigations in response to the loss of a laptop computer that held data on millions of veterans. (The laptop was later recovered and the data found uncompromised.)

A VA policy nominee pledges to make protecting sensitive information a priority.

Posted by The Editors on Jul 27, 2006 at 08:50PM | Comments (0)

Report: CIA Further Restricts Contractors' Free Speech

April 2006: According to an article in Government Executive magazine, the Central Intelligence Agency (CIA) has placed new restrictions on cleared contractors’ ability to publish books, articles, and opinion pieces. Cleared personnel sign oaths to abide by such limits, but critics argue that the new CIA measures are politically motivated and aim to prevent public criticism of the Bush Administration.

Do you think you’ve been unfairly sensored as a cleared professional either inside or outside government? Tell us, below, the circumstances and the resolution, and which government agency was involved.

Do you believe that the CIA’s new requirements violate standards across the Intelligence Community and are overreaching? Share your opinions by commenting below.

Posted by The Editors on Jul 27, 2006 at 04:58PM | Comments (0)

Top DHS Official Loses Clearance for Allegedly Soliciting Minors on the Internet

April 6, 2006: Reuters reported the suspension of the security clearance of a high-level Department of Homeland Security (DHS) official after his arrest for allegedly using the Internet to seduce an underage female.

Posted by The Editors on Jul 27, 2006 at 02:54PM | Comments (0)

Watchdog Group Seeks First-Hand Accounts of Clearance-Related Harrassment

February 2006: The Government Accountability Project (GAP) sought testimony from persons whose security clearance was revoked as retribution for having spoken out about government wrong-doing. GAP sought individuals to provide their experiences to a February 14 hearing of a Congressional subcommittee.

Posted by The Editors on Jul 27, 2006 at 02:40PM | Comments (0)

Pentagon Employee's Clearance Revoked for Suspected Ties to Investigation Subject

November 2003: A Pentagon employee had his security clearance revoked after he was suspected of having links to a Lebanese-American businessman under federal investigation for involvement in a gun-running scheme to Liberia.

Posted by The Editors on Jul 27, 2006 at 12:31PM | Comments (0)

Weighing Clearance Appeal Rights for Government Employees

A report published in Government Executive magazine reviews statistics on clearance denials and revocations at the Department of Defense and arguments over whether federal employees enjoy similar opportunities as contractors to challenge unfavorable security clearance determinations.

Posted by The Editors on Jul 27, 2006 at 12:24PM | Comments (0)

CIA Contractor Loses Job, Clearance

July 23, 2006: The New York Times reported that a CIA contractor lost her clearance and job after posting to a classified blog that she managed her criticism of a US interrogation technique. See also this story by a wire service.

Posted by The Editors on Jul 25, 2006 at 04:30PM | Comments (0)