Thumbnail on Security Clearance Appeals and Adjudications
Dennis J. Sysko, Esquire
Telephone: 410.768.9300
E-mail: djsysko@henault-sysko.com
Introduction: The Law Office of Henault & Sysko, Chartered was founded by former members of the U.S. Intelligence Community. Our Attorneys have experience at every step of the process from administrative hearings to Federal Court. We have been consulted and quoted by major media outlets on the topics of Security Clearances and Procedures. Our unique experience has played a significant role in the successful representation of our clients for more than two decades.
The Process: We understand that the denial or revocation of a security clearance is a career altering experience which must be taken seriously. The critical decision whether to appeal should be made promptly to provide adequate time to engage professional assistance to prepare a comprehensive response to the government’s Statement of Reasons. The government has taken months to prepare its case against you. Once notified of the government’s intention to deny or revoke your security clearance, you must comply with the procedural timetable which in some cases may be as short as 45 days. Time is operating against you.
The government has created extensive investigatory, procedural and security clearance adjudication processes to screen applicants to determine if access to government classified information is appropriate. The government evaluates a wide range of criteria including allegiance to the United States, foreign influence, foreign preference, sexual behavior, personal conduct, financial considerations, alcohol consumption, drug involvement, emotional, mental, and personality disorders, criminal conduct, security violations, outside activities and misuse of information technology systems to determine if granting access to the applicant is clearly consistent with the national security.
Sometimes adverse information concerning a single criteria may not be sufficient for an unfavorable determination but the applicant may be disqualified if available information establishes a recent or recurring pattern of questionable judgment, irresponsibility, or emotionally unstable behavior. Each security clearance decision is an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable. In evaluation of the relevance of an individual’s conduct, the adjudicator considers factors as to the nature, extent, and seriousness of the conduct; the circumstances surrounding the conduct, to include knowledgeable participation; the frequency and recency of the conduct; the individual's age and maturity at the time of the conduct; the voluntariness of participation; the presence or absence of rehabilitation and other pertinent behavioral changes; the motivation for the conduct; the potential for pressure, coercion, exploitation, or duress; and the likelihood of continuation or recurrence.
During the course of an investigation, the applicant may be asked to submit to a polygraph examination which in some circumstances is voluntary. Certain very sensitive activities involving intelligence sources and methods are under authority of the Director of Central Intelligence Directive (DCID) 6/4 which governs Sensitive Compartmented Information (SCI). For both SCI and Special Access Programs (SAP's) access, a polygraph examination is mandatory. In these cases, the results of the polygraph examination, which generally are the applicant’s admission during the examination frequently form part of the basis for denial or revocation. In this circumstance, the applicant becomes the government’s primary witness against himself or herself.
Generally, each Department, Agency or Military Service has its own implementing regulations which are reasonably consistent but can provide variations in some procedures. In the case of government employees, each government entity usually has a Central Adjudication Facilities which is the decision authority for security clearances. In the case of Department of Defense contractors, the adjudication authority resides at the Defense Office of Hearings and Appeals.
Contact Us: We have a broad range of experience navigating the complex security clearance appeals process. This experience coupled with civilian intelligence community experience provides substantial benefits permitting our Firm to represent our client effectively and efficiently. Please call me at 410.768.9300 or E-mail: djsysko@henault-sysko.com if you would like to discuss your specific situation.
Dennis J. Sysko, Esquire
Senior Partner
© Copyright 2004; Henault & Sysko, Chartered.
