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Can the Pentagon Discriminate Against Naturalized U.S. Citizens When It Comes to Reviewing Security Clearances?

By Henault & Sysko Chartered |

As a general rule the federal courts do not intervene in security clearance decisions. The reason for this is fairly straightforward: Security clearances are a privilege, not a constitutional right, and the executive branch has wide discretion when it comes to deciding who should have access to sensitive information. That said, the government’s discretion… Read More »

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Can Your Past “Sexual Behavior” Hurt Your Ability to Get a Security Clearance?

By Henault & Sysko Chartered |

Your sex life is not a purely private matter when it comes to obtaining a government security clearance. Under Guideline D of the National Security Adjudicative Guidelines used by all federal executive branch agencies, a person may be disqualified from receiving or retaining a security clearance due to their current or past “sexual behavior.”… Read More »

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Marijuana

Will Using Marijuana Jeopardize My Security Clearance?

By Henault & Sysko Chartered |

California recently made national headlines when it recently legalized the “recreational” use of marijuana for adults. But while California and several other states have taken a more welcoming approach to marijuana, the drug remains strictly forbidden under federal law. And any history of marijuana usages on your part, legal or illegal, may jeopardize your… Read More »

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Money

How Your Consumer Debts May Cost You a Security Clearance

By Henault & Sysko Chartered |

Many individuals are denied government security clearances for financial reasons. For example, U.S. Department of Defense regulations state that an individual “who is financially overextended” may be denied a clearance as he or she is “at risk of having to engage in illegal acts to generate funds.” Similarly, the DOD may assume that an… Read More »

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SecClearance

Can I Challenge the Revocation of My Security Clearance Based on Racial or National Origin Discrimination?

By Henault & Sysko Chartered |

It is extremely difficult to challenge the revocation of a government security clearance in court. The U.S. Supreme Court and lower federal courts have long held the judiciary has no inherent authority to “review security-clearance determinations,” which are ultimately a discretionary function exercised by the President of the United States and other executive branch… Read More »

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What Happens If I’m Denied a Security Clearance Due to an Inaccurate Background Check?

By Henault & Sysko Chartered |

Many people are denied a security clearance due to unfavorable information uncovered during a criminal background or credit check. Given the importance of such checks, it is critical the information itself is accurate. And if there are inaccuracies, one would assume the affected individual would receive adequate time and notice to remedy the situation…. Read More »

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Lit1

Can I Lose My Security Clearance Due to a Disability?

By Henault & Sysko Chartered |

Keeping your government security clearance may be a problem if you suffer from certain physical or mental disorders that affect your ability to perform certain work-related tasks. Although federal law generally protects employees with disabilities from retaliation–and in fact requires agencies to make “reasonable accommodation” for such individuals–that does not apply to the granting… Read More »

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