With “The Bachelorette” returning to television for yet another season this month, one has to marvel at the mileage ABC has gotten out of The Bachelor franchise. This new round no doubt promises more cheesy helicopter-ride dates, more jealous rivalries, and more prospective suitors who, as host Chris Harrison would opine, are there “for the wrong reasons.” Nonetheless, this attorney is not ashamed to admit that I’ll be watching with my wife. My law partner, Jake – though he won’t admit it – also enjoys the show. I know this because last season he inadvertently began referring to a similarly named court reporter we regularly encounter as “Neil Lane.” (If you don’t get it, you’ve probably never seen the show).

Sex, Secrets and Standards

By this point, you’re probably wondering what in the world “The Bachelorette” could possibly have to do with security clearances. The answer? Not much. But it does raise a recurring problem that we see in our law practice: the stunning (sometimes self-harming) lengths people will go to find love or pursue lust. Security clearance holders are not immune from human emotion, and the result is that the desires we all experience sometimes collide with the high standards of conduct expected of those carrying around national security secrets.

One of the more common ways we see this issue is infidelity. Unless a security clearance-holder is serving in the armed forces, infidelity is not a crime and would not, as a matter of course, be a reportable security issue unless other concerns are present. The problem is the blackmail potential involved, as I discuss in my prior article, “Sex, Lies and the SF-86.” If you don’t think people have lost their security clearance because of an affair, think again. Blackmail regarding infidelity is one of the top recruiting tools used by certain foreign intelligence services.

Prostitution – Not just a Secret Service Problem

Another way we see this issue is when security clearance holders patronize prostitutes. I can’t tell you how many times a month I receive inquiries from worried security clearance holders – either because they were arrested for their conduct, or because they did not get caught and are now worried someone will find out (like infidelity, also a top blackmail issue). I don’t ever judge my clients for their conduct, but I do sometimes ask whether, in hindsight, it was worth the trouble or subsequent sleepless nights. On both this issue and infidelity, the answer is, without question, always “no.”

Today’s Tinder Flame, Tomorrow’s Co-worker conundrum

Finally, and less salacious, is the issue of conduct in the above-board, totally legal dating scene. To be sure, security adjudicators don’t care if you are a womanizer, a tease, or are “undateable” – as long as it’s not because you are an ax murder. But the security-cleared world is a small one, and a bad reputation is a difficult thing to shake. So even if you can’t offer your spurned suitor a proverbial rose, at least be a gentleman or a lady about it. After all, you never know if you may cross paths again professionally.

 

This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.  

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Sean M. Bigley retired from the practice of law in 2023, after a decade representing clients in the security clearance process. He was previously an investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management) and served from 2020-2024 as a presidentially-appointed member of the National Security Education Board. For security clearance assistance, readers may wish to consider Attorney John Berry, who is available to advise and represent clients in all phases of the security clearance process, including pre-application counseling, denials, revocations, and appeals. Mr. Berry can be found at https://www.berrylegal.com/.