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Court Holds for Government Security Clearance Secrecy

Lynne Bernabei was recently quoted by the Associated Press about the recent decision of the U.S. Court of Appeals for the Federal Circuit, Kaplan v. Conyers, which held that federal employees could not challenge personnel actions arising from the denial or revocation of their security clearance or eligibility for access to sensitive information.

She explained that this decision and the 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.” The result is that the Federal Circuit has improperly expanded the number of federal employees who can no longer bring personnel claims before the Merit Systems Protection Board.