The second edition of this important deskbook is a must-have for all agency representatives, attorneys, and union representatives who deal with security clearance law. Since 9/11, more federal positions require security clearances, making it essential for attorneys, agency representatives, personnel management specialists, and personnel security managers to understand the law of a field traditionally steeped in secrecy. Elizabeth Newman, an experienced federal employment lawyer who has served as Vice Chair of the ABA Defense and National Security Committee, writes from a wealth of knowledge and experience in handling security clearance matters.
In the often complicated area of civil procedure, Ms. Newman addresses such evidentiary issues as nexus, materiality, the exclusionary rule, hearsay, circumstantial evidence, and admissions. The important topic of polygraph examinations and their admissibility is covered as well.
In the area of criminal procedure, discussion includes nolo contendere pleas, collateral estoppel, arrest, and the privilege against self-incrimination. In the personal appearance section, the discussion includes discovery procedures and the role of the administrative judge. Ms. Newman clearly explains how the laws apply to both government contractors and federal employees, how research is conducted, what civil and criminal procedural issues must be considered, and how the appeals process works.
The material is presented in several principal parts: administrative procedures, case analysis, and court case summaries. The case analysis focuses on the issues that are examined when granting, denying, and revoking clearances.
This practical guide to untangling the red tape of security clearances is a critical addition to the bookshelf of any agency representative who defends agency decisions or an attorney or union official who handles appeals of security clearance denials.
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