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Security Clearance LawyersThe denial or termination of a security clearance can be devastating to the Applicant's career, whether military, civil service or as a federal contractor. The security clearance lawyers of the Military Law Group have extensive experience in representing servicemembers, federal employees and federal contractors in security clearance actions. Our lawyers currently hold security clearances or have been through the security clearance process and have held security clearances in the past. We have represented security clearance applicants throughout the United States and at military installations overseas. Security Clearance RightsMilitary Personnel and Federal EmployeesActive duty and federal civilian employee security clearance cases are governed by the "Personal Appearance" program set out in Department of Defense Regulation 5200.2-R, Appendix "N". The process begins with a Letter of Denial (LOD). The Applicant has 10 calendar days from receipt of the LOD to respond to each allegation and request a hearing before an administrative law judge of the Defense Office of Hearings and Appeals (DOHA). After receipt of the Applicant's response an administrative law judge is assigned and the matter is set for a hearing. The "Personal Appearance" hearing will typically be held within 30 days of the request for a hearing. The hearings are typically held by video-teleconference or in person near the Applicant's home station. "Personal Appearance" hearings limit the Applicant to documentary evidence only. The Applicant is not allowed to call witnesses or cross-examine government witnesses. The Lawyers of the Military Law Group of Jones, Blechman, Woltz and Kelly are experienced in preparing the documentary evidence, obtaining witness statements and zealously representing Applicants at the necessary hearings. Subsequent to the hearing the proceedings are transcribed and the administrative law judge drafts a recommended decision. This recommendation is then forwarded to the Personnel Security Appeals Board for final action. The Applicant has the option of filing an appeal of any adverse recommendation of the administrative judge. This appeal is considered by the PSAB prior to final action. Federal ContractorsThe security clearance process for contractors for the federal government is governed by the Industrial Security Clearance Program. The Defense Office Of Hearings and Appeals (DOHA) will assign a Personnel Security Specialist (PSS) to perform the initial adjudication. The review is based on DoD Directive 5220.6. If the PSS determines that the case should be forwarded to an administrative judge for a determination of whether to deny or revoke the clearance then a Statement of Reasons (SOR) is issued. An Applicant has 30 days to respond to the Statement of Reasons. The response must be clear and address each issue raised by the SOR and should include a request for a hearing. The response must be sworn and signed in the presence of a notary. Upon receipt of a response to the SOR an administrative law judge will set the matter for a hearing, typically within 30 days. The hearing will be a formal hearing governed by the Federal Rules of Evidence. The United States will be represented by an attorney known as the Departmental Counsel. Both the Applicant and the Departmental Counsel will present documentation, call witnesses and cross-examine adverse witnesses. The proceedings are transcribed and the administrative law judge will make his or her decision based on a standard that the granting of the clearance must be "clearly consistent with the interests of national security". As with the investigation process, the administrative law judge's recommendation is guided by the provisions of DoD Directive 5220.26. It is imperative that a thorough and aggressive case be conducted before the administrative law judge. The attorneys of the Military Law Group are experienced in obtaining discovery from Departmental Counsel, preparing the documentary case and calling and examining witnesses. We will assure the best possible outcome from the administrative law judge and that the transcribed record contains the relevant mitigating information to optimize the chances of a favorable determination if an appeal is necessary. Security Clearance AppealsIf an Applicant receives a favorable decision from the administrative law judge it is possible that Departmental Counsel will file an appeal of that decision. An Applicant also has the right to file an appeal of an adverse decision. Appeals are filed with the Personnel Security Appeals Board (PSAB) and are governed by DoD directive 5220.6. An Applicant who wishes to file an appeal must file an appeal brief within 45 days after the administrative law judge's decision. All appeals are based solely on the transcribed record, exhibits and the laws applicable to security clearance determinations. When filing or responding to an appeal it is vital to draft a thorough brief that emphasizes the mitigating factors contained in the record and cites to the relevant legal precedents. The attorneys of the Military Law Group are experienced in reviewing the record and preparing the best possible written appeal. |
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The Military Law Group is a practice group of the firm of Jones, Blechman, Woltz and Kelly, P.C. |
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