Security Clearance Adjudication – It’s About Mitigation!

At Compass Rose Legal Group, we handle security clearance cases throughout the Federal Government. Regardless of which Department or Agency we appear before, there is a major common theme running through the adjudication process. Obtaining a successful outcome means mitigating the concerns that the U.S. Government has in an individual’s ability to safeguard classified information.

Security clearances are a privilege and not a right, and there is no right to have the substance of the Federal Government’s concern litigated before any Federal Court. See  Department of the Navy v. Egan 484 U.S. 518 (1988). At the end of the day, what has to be accomplished is having the clearance adjudicators understand that the concerns they have about an individual having access to classified information have been “mitigated.” Mitigated — this term has meaning. It is, in fact, a “term of art”, a term that has significance for those reviewing an individual’s ability to have access to classified information.

As a starting point, familiarize yourself with the security clearance adjudicative process and the mitigating factors described here.

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