Interviewing Witnesses at a Security Clearance Denial Appeal Hearing

During a security clearance denial appeal hearing the applicant is allowed to question witnesses, both their own and the Department counsel’s. Prehearing guidance will be provided regarding procedures. The Administrative Judge does not swear in applicants or other witnesses but does remind all parties of the fact it is a criminal offense to make a false statement or misleading statement knowingly and willfully.  After this is done, the party that calls the witness will examine (question) him/her, and then the other party will have the chance to cross-examine that witness. Each party may ask the witness follow-up questions.  The Administrative Judge may also have questions for the witness.

Prior to the hearing, the Department counsel will provide the applicant and the Administrative Judge with a list of witnesses, and state what the witnesses will testify about. The applicant will also be asked to submit a list of their witnesses to the Administrative Judge and the Government counsel, and state the general nature of their testimony. Witnesses will usually be in the hearing room only during their own testimony, but the Administrative Judge, the applicant and the Department counsel will be present throughout the hearing.  In some cases, certain witnesses such as a department sponsored mental health professional, will be present for the entire hearing.  An applicant may also request that the Administrative Judge permit other individuals (such as a spouse, close friend, or a counselor) to be present throughout the hearing. 

Anyone in this situation should prepare questions to ask each witness. The answers to those questions should address the background of the witness, his or her relationship to the applicant, his or her familiarity with the issues related to the hearing, and the specific testimony that the applicant wants the Administrative Judge to consider. Individuals should talk to witnesses before the hearing and explain the issues in the case. They should also be prepared for the types of questions that they will likely be asked either by the applicant or their representative and the Department counsel.  

Be aware that witnesses will likely learn the details of the Department’s case, and that these details may well include information that you consider private.