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Lawyermos: What legal recourse to having security clearance revoked?

If any.
drab parlour
  08/20/18
There are administrative appeals panels if a clearance is re...
Snowy Piazza Rigor
  08/20/18
...
Submissive business firm
  08/20/18
not sure an appeal is available if you are no longer a fedgo...
flesh theater pocket flask
  08/20/18
There are different appeals panels/formats for civil servant...
Snowy Piazza Rigor
  08/21/18
Yes, Hawaii judge can rule it’s viewpoint discrimination pro...
sick boistinker
  08/21/18


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Date: August 20th, 2018 10:40 PM
Author: drab parlour

If any.

(http://www.autoadmit.com/thread.php?thread_id=4056667&forum_id=2#36652234)



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Date: August 20th, 2018 10:51 PM
Author: Snowy Piazza Rigor

There are administrative appeals panels if a clearance is revoked in the normal fashion, but the President sits at the top of the system because it is 100% run by executive order, not law. There’s no appeal beyond him (unless he is inclined to defer to a panel) and he can technically grant or withdraw clearances at will.

The Article III courts have generally declined to review clearance decisions in either direction because it’s considered beyond their jurisdiction, but of course, like immigration and foreign policy, it’s always possible that Hawaii Judge might “discover” a new right to a clearance in the Constitution.

(http://www.autoadmit.com/thread.php?thread_id=4056667&forum_id=2#36652290)



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Date: August 20th, 2018 10:51 PM
Author: Submissive business firm



(http://www.autoadmit.com/thread.php?thread_id=4056667&forum_id=2#36652298)



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Date: August 20th, 2018 10:52 PM
Author: flesh theater pocket flask

not sure an appeal is available if you are no longer a fedgov employee. link to such panel?

edit: nevermind, looks like you can

(http://www.autoadmit.com/thread.php?thread_id=4056667&forum_id=2#36652305)



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Date: August 21st, 2018 1:09 AM
Author: Snowy Piazza Rigor

There are different appeals panels/formats for civil servants vs. contractors, but some appeal still does exist.

Basically the civil servant panel includes fellow civil servants from your agency/Department while the contractor panel is all ALJs.

(http://www.autoadmit.com/thread.php?thread_id=4056667&forum_id=2#36652920)



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Date: August 21st, 2018 7:34 AM
Author: sick boistinker

Yes, Hawaii judge can rule it’s viewpoint discrimination prohibited by the First Amendment.

(http://www.autoadmit.com/thread.php?thread_id=4056667&forum_id=2#36653664)