Security Clearance Law Blog

When to Hire a Security Clearance Lawyer?

By John V. Berry, Esq.,www.berrylegal.com

We often meet with federal employees and government contractors facing security concerns or potential security concerns in obtaining or applying for a security clearance. They often ask our attorneys at what point they should retain a security clearance attorney to assist, advise or represent them.

The quick answer is that an individual with potential security issues should consult with experienced security clearance counsel as soon as possible. In our experience, the earlier that an individual with potential security concerns consults with a knowledgeable security clearance lawyer, the better the chances to avert a negative outcome.  We also find that it is less expensive to address a problem early before it gets more difficult to defend or respond to.  

Security Clearance Holders Duty to Report Incidents

By John V. Berry, www.berrylegal.com

Security clearance holders who occupy and who have access to classified information are expected to self-report security changes or incidents that may impact their security clearances. Security Executive Agent Directive (SEAD) 4 is a good guide for clearance holders to determine whether a new incident or development triggers a duty to self-report. Self-reporting is mandatory. Furthermore, it is much better to be proactive in disclosing reportable events than for them to be discovered later. Disclosing these issues prior to them being discovered can be considered to be a mitigating factor should these issue become of concern to security clearance adjudicators.

Security Clearance Holders Should Avoid Investments in Marijuana Companies

By John V. Berry, Esq., www.berrylegal.com

If you are a security clearance holder and you own or work in the ever-growing marijuana industry, you could have difficulties obtaining or keeping a security clearance. We have been counseling clients about this issue since at least 2010. This article discusses the current federal government view on investments in the marijuana industry at present.

Federal Employees and Security Clearances

By John V. Berry, Esq., www.berrylegal.com

For cleared federal employees, the ability to obtain or maintain a security clearance, for certain federal positions, can be critical with respect to maintaining their federal employment. If a federal employee is required to have access to classified information, then they must be eligible for a security clearance in order to keep their position. This article discusses the connection between security clearance and those employed by the federal government.

Security Clearance Law and Family Law: How They Intersect

By John V. Berry, Esq., www.berrylegal.com

There is a major intersection between family law and security clearance law issues which can arise where one of the spouses is a security clearance holder. It is important understand how they connect. This article talks briefly about this intersection and some of the issues associated with these connections. The major issues that often arises between individuals holding security clearances in the context of family law usually has to do with divorce, custody and domestic violence issues. I will take each of these in turn in this article. 

Security Clearance Lawyer John Berry Interviewed by Wolf Blitzer on Issues Involving White House Clearances

Security clearance lawyer John V. Berry, Esq. was interviewed by CNN with respect to security clearance issues being faced by the President's Staff Secretary on February 8, 2017 by Wolf Blitzer.  

The Importance of Character Letters in Security Clearance Cases

 

By John V. Berry, Esq.,www.berrylegal.com

We often meet with federal employees and government contractors who are faced with security concerns or potential security concerns in obtaining, applying for or retaining a security clearance. These employees often ask for us assistance in responding to a security clearance denial or revocation. No matter the security concerns at issue, we find that it is always important and helpful for the individual to respond with character letters which help define the character of the clearance holder or applicant to the adjudicator.  This article focuses on the benefit of character letters in the security clearance process.

The NRO Security Clearance Process

By John V. Berry, Esq., www.berrylegal.com

This article outlines the security clearance appeals process for those applying for clearances with the National Reconnaissance Office (NRO). As we have discussed in other blog articles, the U.S. Government security clearance process is not run by one federal agency. The clearance appeals process is governed by Executive Order 12698, which delegates the clearance process to the different federal agencies.  The clearance appeals processes generally falls into 2 main groups, those run by the Intelligence Community (IC) and those run by the Department of Defense (DoD) and other non-intelligence gathering agencies. With that background, it is important to note that each federal agency maintains their own internal security clearance process with their own unique procedures.  

In addition to security clearances processed by the NRO, many other federal agencies maintain their own procedures and personnel that process their own security clearance decisions for federal employees and government contractors (e.g. DOD, NGA, CIA, DOJ, etc). It is important to be familiar with each process when appealing an adverse security clearance decision. This article focuses on security clearance appeals for government contractors at the NRO.

Foreign Influence and Security Clearance Issues

By John V. Berry, Esq., www.berrylegal.com

We often represent individuals who have issues with respect to foreign influence issues under Guideline B. This article examines how the Adjudicative Guidelines for Foreign Influence apply to security clearance cases. Foreign Influence has always been a major concern because security risks can exist when an individual’s family or close friends are subject to potential duress and influence. Along those lines, foreign Influence issues have long been considerations in determining whether to grant or renew a security clearance. 

New Security Clearance Adjudicative Guidelines Put into Effect

By John V. Berry, Esq., www.berrylegal.com

The former Director of National Intelligence (DNI), James Clapper, issued new adjudicative guidelines for all federal agencies to follow on December 10, 2016.  These guidelines, known as Security Executive Agent Directive 4 (SEAD 4) have been in effect since June 8, 2017.  The Adjudicative Guidelines explain the security concerns that may arise and potentially applicable mitigating factors.  I have attached two versions to this post, a PDF copy of Download Security Executive Agent Directive 4 here and a text version which follows and which may have some typographical errors based on PDF conversion.  The document contains 3 major portions: (1) the adjudication process; (2) the new adjudicative guidelines A-M, and (3) potential exemptions for individuals that meet certain criteria. When an individual is facing actual security clearance concerns or potential concerns it is important to obtain legal advice and legal representation. Our law firm advises individuals in the security clearance process. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. Please visit our Facebook page.