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ISCR Case 22-00849 — CASE

Case record

ISCR Case 22-00849

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date10/24/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Edward W. Loughran
Government Counsel: Dan O'Reilley
Applicant's Counsel: Christopher Snowden
Case Summary
Applicant was a 54-year-old employee of a defense contractor who had served in the U.S. military from 1993 to 1996 and in the military reserve until 2001. The Department of Defense issued a Statement of Reasons (SOR) on February 22, 2023, citing security concerns under Guidelines A (allegiance to the United States), E (personal conduct), and M (use of information technology). The core allegations involved the display of Three Percenter and QAnon stickers on his vehicle, which were linked to violent extremism and anti-government actions.
During the proceedings, the applicant admitted to displaying the stickers but argued that he did not associate with the extremist ideologies they represented. He provided evidence of his military service and personal background, including his work history and family life, to mitigate the concerns raised. The administrative judge considered the applicant's testimony, the context of the stickers, and the lack of any criminal charges against him related to the allegations.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the security concerns under the relevant guidelines. The judge found that the applicant's actions did not demonstrate a lack of allegiance to the United States and that he had taken steps to distance himself from extremist ideologies, ultimately granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline AAllegiance to the United States · For Applicant
- Guideline EPersonal Conduct · For Applicant
- Guideline MUse of Information Technology · For Applicant
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Case Headnote

ISCR Case No. 22-00849

grantedOct 24, 2023· Hon. Edward W. Loughran· hearing

Summary

A 54-year-old defense contractor and veteran was granted a security clearance despite initial concerns under Guidelines A (Allegiance), E (Personal Conduct), and M (Use of Information Technology). Disqualifying conditions were raised due to the applicant displaying Three Percenter and QAnon stickers on his vehicle and sending related emails from a government computer.

However, the administrative judge found that these concerns were mitigated. The applicant demonstrated no intent to support extremist ideologies and was not a member of any militia or extremist group. A military investigation concluded that he was not an insider threat and had not committed a crime.

Ultimately, the applicant's conduct was determined to have occurred under unique circumstances and was unlikely to recur. Based on these mitigating factors, the judge concluded that the applicant's actions were misinterpreted and did not pose a threat to national security, thereby granting eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated no intent to support extremist ideologies and was not found to be a member of any militia or extremist group.
The military investigation concluded that the applicant was not an insider threat and did not commit a crime.
The applicant's conduct was deemed to have occurred under unique circumstances and was unlikely to recur.

Conditions Referenced

Disqualifying

AG ¶ 4.braisedAssociation or Sympathy with Persons Who Are Attempting to Commit Acts Against the U.S.
AG ¶ 4.craisedAssociation or Sympathy with Organizations That Advocate Violence Against the U.S. Government
AG ¶ 40.eraisedUnauthorized Use of Any Information Technology System

Mitigating

AG ¶ 5.aappliedUnawareness of Unlawful Aims and Severed Ties Upon Learning
AG ¶ 5.cappliedInvolvement Occurred for a Short Period Due to Curiosity
AG ¶ 41.aappliedTime Elapsed Since Behavior Occurred Under Unusual Circumstances
AG ¶ 17.cappliedBehavior Was Infrequent and Unlikely to Recur

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedFeb 22, 2023
Answer filedMar 22, 2023
Hearing heldSep 6, 2023
Decision dateOct 24, 2023

Cite For

Mitigation of Security Concerns Related to Alleged Extremist Affiliations Under Guideline A
Consideration of Unique Circumstances in Personal Conduct Cases Under Guideline E
Evaluation of Unauthorized Use of Information Technology in Security Clearance Cases Under Guideline M

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.