Sorry for the lack of information.
I was offered a job based on a secret clearance but I was denied the secret clearance. The Security Officer doesn't want to tell me why the DSS denied the clearance. I want to know if I can fight this at court. If I can what will be the best way to find a lawyer that specialize this type of case.
Regards,
You're not specific of the circumstances - interim or final denial??
There is nothing you can do about an interim denial.
So, long as your application for the clearance exists, then it eventually will be investigated for the final determination. This usually takes at least two years for a secret clearance and then perhaps another year for the DOHA adjudication process. So, if your case goes to hearing, it's likely to take 3 years from your hiring date. DOHA knows this, so the civil servants there unscrupulously drag out the process to maximize attrition due to these poor flunkies waiting on their clearances getting laid off or quitting due to being totally demoralized by the long 3 year wait, unable to do their job.
Did you report any derogatory facts on your clearance application? What are they?
After the investigation, DSS and DOHA will decide to issue an SOR - which is a letter seeking to deny you the clearance, stating in particularity the grounds for denial, or to issue an MOR and grant the clearance. If you get the SOR, you must mail a reply in 20 days. Admit any SOR allegation and you will be required to mitigate it to avoid a clearance denial. If you deny an SOR allegation, you'll need a reason consistent with DOHA law to justify the denial. Always request a hearing as this provides the highest rate of success of clearance grant. It is best to keep the answer to the SOR limited to just admitting or denying the SOR allegations so as not to make the job of the DOHA Department Counsel, who's job it is to get your clearance denied, any easier. The DOHA DC is required to provide you with of copy of their records, which is the case brief they plan to argue for your denial. Submit your case brief after you see the DOHA DC's case brief. A DOHA Administrative Judge will decide the case.
Then there is a short time to timely file a notice of appeal to the DOHA Appeal Board if the AJ denies your clearance.
This is the place to go and read the DOHA cases to learn security clearance law:
http://www.dod.mil/dodgc/doha/industrial/
