Lynne Bernabei Quoted on Federal Employee Security Clearance Ruling

AUGUST 23, 2012

The Associated Press recently reported on the decision by the U.S. Court of Appeals for the Federal Circuit in Berry v. Conyers and Northover, in which the court held that federal employees could not obtain judicial review of the denial of their security clearances, even if their positions did not require any access to classified information. Lynne Bernabei was quoted on the significant impact of this decision on federal employees:

Lynne Bernabei, a Washington attorney who defends employees in personnel actions, said the decision "and the Obama administration's support of this position is an integral part of the administration's increasing secrecy and support of a national security system that is unaccountable." Bernabei called it "a very dangerous decision because it expands the class of cases that are no longer under the jurisdiction of the board." According to the dissenting judge and the advocates, whistle-blower protection for workers who are targets of retaliation after reporting waste, fraud and abuse in government operations would be affected by the ruling.

Tagged with: Lynne Bernabei • US Court of Appeals • Whistleblower Law