A security clearance is about evaluating an applicant’s reliability and trustworthiness based on a specific set of adjudicative guidelines. While the process may seem as clear as mud (and we’ve politely referred to it as pirate’s code ourselves), a simple read of the adjudicative guidelines is in every clearance holder or applicant’s best interest. Many clearance denials catch and individual by surprise when they shouldn’t.
One of the more obscure aspects of the clearance process is associations. Section 29 of the SF-86 specifically asks about associations. “Have you EVER been a member of an organization dedicated to the use of violence or force to overthrow
the United States Government, and which engaged in activities to that end with an awareness of the organization’s dedication to that end or with the specific intent to further such activities?” The form further asks if the applicant has been a part of an organization that advocates violence to discourage others from exercising their rights.
- 1:35 – An Outlaw Motorcycle Gang and your clearance
- 5:00 – Domestic terrorism and your clearance
- 6:00 – Getting legal advice if you have a suspect allegiance
- 8:45 – Your First Amendment rights and your security clearance
Outlaw Motorcycle Gangs and Your Clearance
One obscure or perhaps obvious example of this was a 2019 Defense Office of Hearings and Appeals case involving an applicant involved with an Outlaw Motorcycle Gang (OMG) whose clearance was revoked. Even though the individual wasn’t involved in criminal conduct himself, the fact that the national chapter of his local group was under FBI investigation was enough of a red flag for the federal government to call foul on his access to classified information.
“Any sort of group or organization whose aim is criminal activity…or if it’s a biproduct of what they’re doing,” Bigley emphasized would be a clearance issue, noting these issues are pretty straightforward.
Violent overthrow of the U.S. government may seem obvious, but some organizations start out with more subtle but no less significant issues, including organizations that may look to infringe upon others’ rights.
“Any organization that uses violence, or espouses violence to achieve its goals,” is an issue, said Bigley.
If you’re considering joining an organization and feel that it’s a gray area, it’s worth doing a bit of research. Find out if other chapters have been involved in any suspect activity. And consider groups you join online, along with in-person gatherings. Security clearance holders still have constitutional rights – including the right of association. But that right stops where an individual’s freedom begins to infringe on the freedom of another.
“A little bit of common sense and good judgment goes a long way. No one’s background is 100% squeaky clean. You want to act reasonably, responsibly, and with good judgment in the circumstances,” said Bigley.
