Unconstitutional Discrimination and Clearances

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This topic contains 0 replies, has 1 voice, and was last updated by  Henry Brown 4 years, 6 months ago.

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    Henry Brown

    If this was going through the courts pre-NSA leaks, it is my opinion the the outcome could have been dramatically different

    From the FAS blog:

    It is generally understood that there is no legally enforceable “right” to be granted a security clearance for access to classified information. And a landmark 1988 U.S. Supreme Court ruling in Department of the Navy v. Egan has often been interpreted to preclude judicial review of the merits of an agency decision to deny or revoke a security clearance.

    But can a court review the denial of a security clearance if it involves an unconstitutional act of discrimination or a restriction of constitutionally guaranteed rights?

    A new petition for certiorari asks the U.S. Supreme Court to clarify this issue, which has been a recurring source of confusion.

    In a lawsuit filed against the National Geospatial-Intelligence Agency in 2011, petitioner Mahmoud Hegab argued that his security clearance had been improperly revoked by NGA in violation of his constitutional rights. Specifically, Hegab alleged that he was being punished because his wife was employed by an Islamic faith-based charity (Islamic Relief USA), that she had attended a Saudi-funded academic institution, and that she had participated in an anti-war demonstration. (All government allegations against her were based on open sources, not classified intelligence.)

    In short, Mr. Hegab argued the security process was being used punitively to violate his constitutional freedom of religion, freedom of speech and freedom of association.

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