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.”

Filed Under: Laws & Regulations, Adverse Actions