adjudication
Ignorance of Laws or Rules is No Excuse
In the national security world, ignorance or mistake of law is generally not an excuse for failing to abide by legal obligations. This opinion has been established long ago by appeals board judges in upholding security clearance denials. There are various adjudicative guidelines where claiming ignorance of the rules or
DOHA Judge Gets Clearance Denial Case Remanded for Inserting Personal Opinions
Defense Office of Hearing and Appeals (DOHA) judges are supposed to review facts presented in security clearance appeal cases and use the adjudicative guidelines to determine if national security concerns were mitigated or not. Impartiality and putting aside personal views and biases are necessary traits in order for judges to
A Rare Allegiance Issue Security Clearance Appeal
A recent Defense Office of Hearing and Appeals (DOHA) case caught my eye because it involved the rarely used adjudicative guideline pertaining to allegiance to the United States. Here is a quick summary of the case: The DOD CAF had issued a Statement of Reasons to a defense contractor citing
Foreign Influence Flags and Mitigation
I have noticed an uptick in the number of cases reviewed by the Defense Office of Hearing and Appeals (DOHA) involving foreign influence concerns. Security clearance applicants were denied eligibility under a variety of factors listed under Guideline B; Foreign Influence. Here are some examples of the concerns involved: Applicant’s