ARTICLE: The Security Clearance Process: How to Help Soldiers Who Lose Their Clearances (and Potentially Their Careers) 1 Skip over navigation
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Army Lawyer

ARTICLE: The Security Clearance Process: How to Help Soldiers Who Lose Their Clearances (and Potentially Their Careers) 1

June 2003

2003 Army Law. 11

Author

Major Mark "Max" Maxwell, USA, Chief, Operational Law Branch, International and Operational Law Division, Office of the Judge Advocate General, The Pentagon

Excerpt

Scenario

Assume, for a moment, that you are a military defense counsel. First Lieutenant (1LT) True Blue, an Arabic linguist with the 34th Military Intelligence Battalion, comes to you for legal advice because he is under investigation for allegations of downloading child pornography and disclosing classified information. The U.S. Army Criminal Investigation Command (CID) thinks your client downloaded the pornography on his government computer, and that he also electronically mailed classified information to a non-authorized recipient on the same computer system. Your client proclaims his innocence on the pornography charge; he maintains that the government computer is a workstation shared by several individuals, any of whom could have downloaded the pornography. As for the sending of classified information to an unauthorized user, 1LT Blue admits this mistake but claims that it was a one-time transgression resulting from simple negligence. You also learn that he gave a statement to CID consistent with this version.

At the end of the counseling, you tell your client to remain silent, and then you call CID to inform the investigating agent that you now represent 1LT Blue. 2 After several months, the government decided not to pursue criminal charges. The command, upon consultation with its trial counsel, did not think the case should go to court because there was not enough evidence. 3 Although the child pornography was found on his personal account, the government was unable to show that 1LT Blue was the person who downloaded the files. The isolated nature ...
 
 
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