Civil servants from all areas of government employment know that a security clearance denial or revocation may mean the end of their career.
When your job is on the line because of security clearance issues, your job then becomes:
Do Everything In Your Power To Obtain Or Reclaim That Security Clearance.
Okay. I’ll hire an attorney and take this to the Courts. I’ll go to the Supreme Court if I have to.
Yes, that’s the correct attitude. However, the Supreme Court of The United States has declared, “The protection of classified information must be committed to the broad discretion of the agency responsible, and this must include broad discretion to determine who may have access to it.” Dep't of Navy v. Egan, 484 U.S. 518, 529, 108 S.Ct. 818, 98 L.Ed.2d 918 (1988).
For this reason, courts may not review security clearance denial or revocation decisions.
Although the courts are not involved, the personnel who prosecute denials or revocations of security clearances are Government Attorneys.
You need an attorney on your side. Representing your interests. Fighting for you.
Typically, a denial or revocation of a security clearance will begin with a notice of specific reasons for the proposed action and an opportunity to respond to the reasons. The prosecuting government attorneys will provide a notice of the right to a hearing and the opportunity to cross-examine persons providing information adverse to you. You will have the opportunity to present evidence on your behalf, and to be represented by an attorney. Finally, you will be provided with a final decision and notice of appeal procedures.
An experienced attorney can pinpoint weak areas in the prosecution and prepare a persuasive response for you.
You need an experienced attorney who will effectively marshal the evidence on your behalf and destroy the prosecution.
If you are faced with a denial or revocation of a security clearance, contact the experienced Maryland employment attorneys at Luchansky Millman today.