NATIONAL SECURITY LAW - SECURITY CLEARANCE APPEALS
SECURITY CLEARANCE LAWYERS.
Korody Law has represented hundreds of clients facing adverse security clearance actions (denial, revocation, suspension).
Korody Law won its first security clearance case in 2008 and has not stopped winning. That first case involved a Sailor that Mr. Korody represented at court-martial. The Sailor was exonerated but that wasn’t good enough for the security clearance adjudicators. Mr. Korody appeared at the security clearance hearing and again exonerated the Sailor resulting in continued access to classified information. Since then, Korody Law has represented civilian government employees, federal contractors, and members of the military before nearly every federal agency (DoD, DHS, FBI, CIA, NSA, DIA, FAA, USMS, DEA, DOJ, DOE . . .).
What is a Security Clearance Letter of Intent and Statement of Reasons?
A Letter of Intent to Deny, a Letter of Intent to Revoke and a Statement of Reasons, or SOR, is the formal notification to the applicant or security clearance holder that a preliminary decision to deny or revoke a clearance has been made by the agency. granting a clearance to the individual is not consistent with the interests of national security. In other words, a SOR is the initial denial of the clearance.
In response to the notification, the individual is entitled to due process. The specific due process (written rebuttal, appearance before adjudicators, appearance before security clearance judge) depends on the agency and stage of the review. We recommend in nearly every case that the security clearance holder or applicant exercise due process rights to the fullest extent.
What is are the National Security Clearance Adjudicative Guidelines?
The Security Clearance Adjudicative Guidelines are a set of standards used by the U.S. government to determine whether an individual is eligible for access to classified information. These guidelines assess a person’s trustworthiness, reliability, and allegiance to the United States. There are 13 adjudicative guidelines, and they’re used by all federal agencies during background investigations and security clearance determinations.
Here’s a quick breakdown of each one:
Allegiance to the United States
Involvement in acts against the U.S., such as treason, terrorism, or attempts to overthrow the government.
Foreign Influence
Relationships or connections with foreign nationals or governments that may pose a risk of coercion or exploitation.
Foreign Preference
Actions that suggest a preference for a foreign country over the U.S., such as holding dual citizenship or using a foreign passport.
Sexual Behavior
Sexual conduct that’s criminal or reflects a lack of judgment, particularly if it could lead to coercion or compromise.
Personal Conduct
Dishonest or unethical behavior, such as lying during the security clearance process, employer policy violations, or a history of misconduct or personal conduct not covered by another guideline.
Financial Considerations
History of financial irresponsibility, unpaid debts, or unexplained affluence that may indicate vulnerability to bribery or exploitation.
Alcohol Consumption
Alcohol abuse that affects judgment, reliability, or trustworthiness.
Drug Involvement and Substance Misuse
Use of illegal drugs or misuse of prescription drugs, especially recent or ongoing use or use while holding a security clearance.
Psychological Conditions
Mental health conditions that may affect judgment or reliability, particularly if untreated or hidden.
Criminal Conduct
History of criminal activity or behavior that indicates disregard for laws and authority.
Handling Protected Information
Past mishandling of classified or sensitive information.
Outside Activities
Involvement in activities that could conflict with security interests, like working for a foreign entity or certain advocacy groups.
Use of Information Technology Systems
Misuse of computers, networks, or IT systems, especially regarding unauthorized access or data leaks.
Each case is judged individually using the “whole person” concept, meaning the context, recency, seriousness, and rehabilitation efforts are all taken into account.
Experienced Security Clearance Lawyers.
Call Korody Law to Discuss Your Security Clearance Case.