Fed Court Orders DOJ to Grant Clearance

In an apparently unprecedented decision, a prominent Federal court judge has ordered the Justice Department to grant a security clearance to a defendant’s lawyer, according to a McClatchy news article on August 27.

Federal courts have long deferred to the Executive branch in security clearance determination matters.

The judge said that “deference in matters of classification and national security must yield when the Executive [branch] attempts to exert control over the courtroom.”

In this case, DOJ had been stalling a legal case brought against it by a former employee.

Filed Under: Laws & Regulations