International diplomatic quarrels involving the United States frequently spark a frenzy of media attention. Dramatic aspects of the manhunt for Edward Snowden are a classic example, ranking among the best of "007"-type tales of intrigue. However, government contractors should not overlook the report of possible criminal prosecution if investigators failed to complete the required background check before Snowden was approved for a security clearance. Although some Americans may think prosecutors are bluffing, they are not. As a former assistant U.S. attorney in the District of Columbia, I've prosecuted such cases before, and know the government will do so again. The Snowden saga provides a sobering lesson to everyone who makes a certification to the government.
Budget battles about right-sizing the federal government should not obscure the fact that crucial work is performed by thousands of federal workers who need security clearances before they can be hired. The protocol for getting a clearance requires that an investigator conduct a rigorous background check of an applicant and submit a detailed report about the results of the investigation. Reports take weeks to compile because the investigator must locate and interview current and former employers, co-workers, friends and neighbors of an applicant. The investigator asks these sources a detailed set of questions ranging from their relationship with the applicant to knowledge of the applicant's beliefs and habits. As the last step in the background check, the investigator certifies that everything in the report is accurate. Relying on the accuracy of that certification, the government can then grant a security clearance and hire the applicant.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
