Puckett & Faraj

Security Clearances

Personal and facility security clearances are required for some work with the Federal government, specifically the Departments of Defense, Energy and Justice and the Central Intelligence Agency, among others. Each agency has different requirements for the security clearances and different procedures for adjudicating, restricting or restoring clearances. Non-US citizens can be granted a Limited Access Authorization (LAA) for access to no more than secret material if a cleared or clearable U.S. citizen is not readily available.

Puckett & Faraj provide legal services in contesting early termination of clearances for individuals, application process for facility clearances, taking polygraph examinations, support businesses requesting LAA’s for non-US citizens with particular skills required for a government contract, and aggressively representing individuals throughout the adjudicative process.

Access to classified information is generally governed by Executive Order 12968, which was signed into law on August 2, 1995. The Executive Order sets forth the criteria that must be considered in adjudicating whether a person is an acceptable security risk. The adjudication process is the careful weighing of a number of variables known as the whole person concept. Since September 11, 2001 greater scrutiny and weight has been given to conduct that historically would not have been a per se bar to access.

Background investigators will search for historical information about the person both favorable and unfavorable. The following factors are relevant in making a determination: 1) The nature, extent, and seriousness of the conduct; 2) The circumstances surrounding the conduct, to include knowledgeable participation; 3) The frequency and recency of the conduct; 4) The individual’s age and maturity at the time of the conduct; 5) The voluntariness of participation; 6) The presence or absence of rehabilitation and other permanent behavioral changes; 7) The motivation for the conduct; and 8) The potential for pressure, coercion, exploitation, or duress; and the likelihood of continuation or recurrence. Each case requires a specific determination. Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security. The ultimate determination of whether the granting or continuing of eligibility for a security clearance is clearly consistent with the interests of national security must be an overall common sense determination which is to be evaluated in the context of the whole person concept.

Each agency that sponsors clearances has different procedures for adjudicating, restricting or restoring clearances. When an agency determines that an employee does not meet the standards for access to confidential information, that employee should generally expect the following sequence of events: 1) To be provided a written explanation of the reasons for the denial of the clearance; 2) To be provided documents, records and reports upon which the clearance denial is based; 3) To be provided a reasonable opportunity to reply in writing to the determination and to request a review of that determination; 4) To be provided written notice of and reasons for the results of the review, the identity of the deciding official, and written notice of the right to appeal; 5) To be provided an opportunity to appeal in writing; and 6) To be provided an opportunity to appear personally before an adjudication authority.

The most common issues negatively affecting clearances right now stem from failure or inability to live within one’s mean, satisfy debts and/or meet financial obligations. Current economic conditions and the loss of employment are beyond most individuals control and we have successfully mitigated this concern in a vast majority of our cases. Puckett & Faraj also understands the financial implications of hiring an attorney to address their security clearance concerns and endeavors to provide the most value for the client’s dollar.

It is unwise to navigate this process without guidance or representation given that a negative outcome typically results in a loss of an offer of employment, current employment, and future employment requiring access to sensitive material.

Terrorism Related Charges

18 U.S. Code (Part 1, Chpt 113b, Section 2331) defines terrorism as “violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State” … “committed within the jurisdiction of the United States or of any State;” … with the “inten(t) to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, or kidnapping.” The Law Firm of Puckett & Faraj provides litigation in all aspects of terrorism related charges for individual charged with violations of terrorism as discovered under surveillance by law enforcement under the USA Patriot Act. We provide litigation services for individuals charged by the Transportation Security Administration under the Air Transportation and Safety System Stabilization Act. Our client defense services include petitions, grand jury hearings, court proceedings, and administrative law involved in defending clients against accusations.

Security Detentions, Extraditions, Renditions

The Law Firm of Puckett & Faraj provides defense for security detention of US citizens and non-citizens in US courts, defense against extradition of persons in the USA to other countries, and defense against rendition of persons between the states. We will provide a client the strongest defense possible when defining the crime as sufficiently serious and whether or not there exists a prima facie case against the individual. Puckett & Faraj will define if the event qualifies as a crime in both countries, and whether or not the individual can expect a fair trial in the recipient country and if the punishment is proportional to the crime. Our litigation skills will enable us to argue the appropriate points to secure a US decision against extradition.

FOIA Requests and Litigation

The Freedom of Information Act (FOIA), Title 5, US Code, Section 552, generally provides that any person has the right to request access to federal agency records or information. All agencies of the U.S. Government are required to disclose records upon receiving a written request, except those records that are protected from disclosure pursuant to nine exemptions and three exclusions. The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Any requests for state or local government records should be directed to the appropriate state or local government agency. Department of State records and information access is codified in 22 Code of Federal Regulations (CFR) 171. Puckett & Faraj can provide administrative law services to request and search for the appropriate documentation under the FOIA Act and CFR 171.

Getting Started

Call and answer a few questions about your issues and provide your contact information. Sign up for a consultation by an attorney who will call and analyze your case after reviewing your evidence. Determine if you want to be represented by the Law Firm of Puckett & Faraj, PC. Get the help you need to continue to serve our country or receive the benefits you have earned.

Call today, 888-970-0005.