Mid-Atlantic: Civilian Operations Officer received a Supplemental Information Request (SIR) regarding alleged contact with foreign nationals while on deployments and failure to disclose change in marital status. JAG Defense successfully mitigated adjudicator’s concerns in SIR Response and client was able to retain his TS/SCI clearance.
Europe: Active Duty Officer required assistance with TS/SCI renewal after previously disclosing relationship and eventual marriage to a foreign national. JAG Defense helped officer complete the SF-86 and successfully mitigate concerns adjudicator’s may have had with potential foreign influence. Clearance retained.
NORTHEAST: Contractor received Statement of Reasons alleging foreign contacts and financial interests in Taiwan. We successfully mitigated potential concerns in Response and Department Counsel withdrew SOR prior to hearing. Secret clearance retained.
MIDWEST: Military officer was granted Top Secret (TS) clearance by DoD CAF, then redesigned to the Intelligence Community, and was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to deny access to Sensitive Compartmented Information (SCI), clearance, and assignment to sensitive positions due to Adjudicative Guideline B – Foreign Influence due to parents and siblings being citizens and, in some instances, residents of a foreign nation whose interests have been determined to be inimical to those of the United States, and for those who are not such residents, because of frequent travels to such country and maintaining contacts with citizens/residents of that country. After the respective Service revoked the SCI and collateral TS clearance, client retained JAG Defense to assist with reapplication after denial. We prepared an extensive package which sufficiently mitigated the concerns, resulting in the client regaining the TS/SCI clearance/access.
MIDDLE ATLANTIC: Defense contractor had previously had clearance denied under Adjudicative Guidelines A – Allegiance to United States; and C – Foreign Preference (although factually it was actually B – Foreign Influence). After retaining JAG Defense for an Application for a clearance through a different Agency, and despite having close and continuing contact with dozens of foreign nationals from a nation whose historical interests have been considered inimical to those of the United States, client was successful in obtaining a clearance through the efforts of our office.
NEW ENGLAND: Defense contractor issued Statement of Reasons (SOR) under Adjudicative Guideline B – Foreign Influence as result of husband, husband’s parents, brother, and grandmother being citizens of a foreign country, with all but husband still residing in that foreign country, whereas husband is resident of the United States, but still enrolled in the military Reserves of that country. Clearance granted based upon the Applicant’s long-standing sense of loyalty to the United States and the Applicant can be expected to resolve any conflict of interest in favor of the United States.
EUROPE: Active duty Officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) with allegations raised under Adjudicative Guidelines B – Foreign Influence, E – Personal Conduct, and K – Handling Protected Information and contained in a six-page SOR related to relationships with approximately a dozen foreign nationals, including cohabitation with a foreign national while still married, failure to promptly report changes in the relationship with the cohabitant, disclosure of the officer’s military status on assignment both in person and through social media websites, failure to properly protect classified information in several instances through both failure to maintain possession and improper removal from an authorized place, questions being raised about the officer’s judgment. After responding to the SOR the Consolidated Adjudication Facility for the officer’s service granted the clearance without the necessity of a Personal Appearance.
EUROPE: Client active duty officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: B – Foreign Influence, C – Foreign Preference, E – Personal Conduct, and F – Financial Considerations, based upon being identified in a Federal Bureau of Investigation (FBI) file regarding suspected provision of false statements to a financial institution for a loan to purchase property; failing to list all relatives in the SF86 Questionnaire for National Security Positions, denying possession of a passport from another country when a dual national, failure to disclose required negative financial information, as well as a number of Tax Liens and Collection accounts totaling in excess of $110,000.00, and being subject for both Foreign Preference and Foreign Influence. The case presented one of the most complex procedural situations based upon the command’s failure to properly process paperwork resulting in conflicting guidance between the Central Adjudication Facility and the Defense Office of Hearings and Appeals concerning the status of the adjudication, however, based upon the written submission prepared to respond to the SOR the clearance was eventually granted.
WASHINGTON, DC – Applicant is a naturalized U.S. citizen from Middle East country considered hostile to U.S. interests with combat occurring in that country at time application for clearance submitted. Applicant denied clearance based on Guidelines: B – Foreign Influence (immediate family members residing in and citizens of foreign country); E – Personal Conduct (failure to disclose material facts regarding immediate family members from foreign country of birth of applicant); and, J – Criminal Conduct (based on Guideline E conduct determined to be a violation of 18 U.S.C. section 1001). Applicant’s Spouse denied clearance based on Guideline B – Foreign Influence (immediate family of spouse reside in and citizens of foreign country. Scheduled both hearings consecutively to reduce costs and obtained resolution of all issues “For the Applicant” resulting in GRANTING OF SECURITY CLEARANCES to both the Applicant and U.S. citizen by birth spouse.
WASHINGTON, DC – Applicant’s Statement of Reasons was based upon (Guideline B – Foreign Influence) parents and grandmother are residents and citizens of Hong Kong. Applicant traveled to Hong Kong on at least six occasions between 1997 and 1999. Evidence presented at hearing regarding parents permanent U.S. resident status and their intent to immigrate to U.S. along with testimony of applicant’s reliability and trustworthiness, immigration and citizenship of numerous applicant and applicant’s spouse siblings and birth of applicant’s child in U.S. Result: Decision for Applicant granting security clearance.
Grover H. Baxley is the founding attorney of JAG Defense. As a former member of the U.S. Air Force Judge Advocate General’s Corps, Mr. Baxley now provides highly experienced representation for military members in all branches of service all over the world.
Jill Thomas has served as an Assistant U.S. Attorney, military defense counsel, and military judge. She has extensive experience in military justice, litigation and administrative processes.
Navy E-9 with over 28 years of service tested positive for cocaine on a random urinalysis. At his subsequent Court-Martial, we presented extensive evidence of our client's exceptional military character and the possibility of an unknowing ingestion of cocaine due to his low nanogram level. Result: The member panel found him NOT GUILTY of the charge and our client's outstanding military career continued unblemished.
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