Our lawyers have experience with courts-martials and court-martial appeals involving National Security/Espionage issues. Our lawyers also are well versed in all aspects of getting, keeping, or getting back security clearances for military and federal employees, as well as DoD contractors.
NEWS:
Active Duty, meeting with a security clearance investigator? Got some current or past misconduct in your life? What are your rights under UCMJ art. 31, 10 U.S. Code § 831, when being “investigated?” Not what you think perhaps — read United States v. Payne, 47 M.J. 37 (C.A.A.F. 1997).
Have a conviction for which you have been sentenced to one year in jail? You need to know about the disqualifications based on certain types of prior criminal conduct or mental health issues. Doesn’t matter if you already have a security clearance or how long you’ve had one. Note that the Bond Amendment, not the Smith Amendment, is now the current rule on security clearances for people who have drug involvement, convictions, and dishonorable discharges. Note that persons denied a clearance because of the “Smith Amendment” may reapply for a clearance if they would not be barred under the “Bond Amendment,” and their employee wants you in a cleared position.
Here are a number of resources
Laws and Federal Regulations on Intelligence
Presidential Directives and Executive Orders
Director of Central Intelligence (CIA)
DCI Directive 6/4, Personnel Security Standards and Procedures Governing Eligibility for Access to SCI
Director of Central Intelligence Directives
Regulations and Policy
Money Memorandum (Foreign Pref/Influ/Passport)
Air Force Regulations/Policy on Security issues
AFPD 31-4 Information Security
AFPD 31-5 Investigations, Clearances, and Access
AFI 31-401 Managing the Information Security Program
AFI 31-501 Personnel Security Program Management
AFH 31-502 Personnel Security Program.
DoD Office of Hearings And Appeals
DoD Directive 5220.6 containing the Revised Adjudicative Guidelines effective for any case with the SOR dated on or after September 1, 2006
Office of Naval Intelligence
Defense Intelligence Agency
National Security Agency
National Intelligence Council
DoJ, Office of Intel Policy And Review
National Recon Office
National Imagery And Mapping Agency
Dept of State Bureau of Intel and Research
House Permanent Select Committee on Intelligence
Senate Select Committee on Intelligence
Personnel Security Investigations
General discussion
Adjudicative Desk Reference (ADR)
Employee Polygraph Protection Act 29 USC 2001, et seq.
Employee Polygraph Protection Act 29 CFR 801
Judicial Review of Claims of Discrimination in Security Clearance Determinations
