PSH-17-0082 - In the Matter of Personnel Security Hearing

On February 14, 2018, an Administrative Judge determined that an individual’s access authorization should not be restored. The individual received a telephone call from a family member who was in jail following a domestic altercation. The individual agreed to contact the alleged victim of the domestic altercation to discuss her dropping the charges against the jailed family member. In the individual’s subsequent conversation with the alleged victim, he mentioned that going to court would, inter alia, reveal her “secrets” and “skeletons” and details of her providing alcohol to her underage son. She agreed she would drop the charges. The individual then received a follow-up telephone call from his jailed family member during which the individual provided the details of his conversation with the alleged victim. Both telephone calls from the jail were recorded by jailhouse officials. The individual was subsequently arrested and charged with two third-degree felonies (Bribery of a Witness (Threats – False Testimony) and Extortion). Many months later, the individual entered a Pre-Prosecution Diversion Program and, in conjunction with that program, voluntarily admitted in writing that he was guilty of the two felonies. The Administrative Judge concluded that these facts sufficiently establish that the individual engaged in criminal conduct. Although the individual argued he had mitigated the security concerns, the Administrative Judge noted that during the hearing the individual demonstrated a lack of insight into the circumstances that led to his arrest and, therefore, the Administrative Judge was unable to conclude that such behavior was unlikely to recur. Based on the foregoing, the Administrative Judge found that the individual had failed to mitigation the Guideline J security concerns and, therefore, the individual’s security clearance should not be restored at this time. OHA Case No. PSH-17-0082 (Wade M. Boswell)