Gill v. DOJ, No. 16-5250 (D.C. Cir. 2017)Annotate this Case
The DC Circuit affirmed the dismissal of an action alleging that the revocation of plaintiff's security clearance violated the equal protection and due process clauses of the Constitution, as well as the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. 1806(c). In regard to the FISA, the court declined to consider plaintiff's two theories of sovereign immunity waiver because he raised them for the first time on appeal. The court also held that plaintiff had no constitutionally protected property interest in his security clearance and he received all the process that was due. In this case, plaintiff's security clearance was revoked because he admitted misconduct in accessing sensitive information for personal reasons. Finally, the court rejected plaintiff's claims that his equal protection rights were violated because he received a harsher penalty for his admitted misconduct than non-Muslim agents who committed similar misconduct, and because the ARC treated his naturalized family members differently than native born U.S. citizens. Plaintiff's claims were barred by Department of the Navy v. Egan, 484 U.S. 518 (1988). Even if the claims were not barred by Egan, they failed for other reasons.