Constitutional Rights and Clearances

Earlier today I wrote about the case of Mahmoud Hegab, a Virginia man who sued the National Geospatial-Intelligence Agency and its Director for revoking his top secret clearance.

The agency maintains it had significant concerns about his clearance, such as his

• recent residence in, and dual citizenship with, Egypt;
• extensive contact with foreign nationals, many living outside the U.S.; and
• his holding of an Egyptian passport that would require contact with Egyptian officials to renounce his citizenship and turn in his passport, thus increasing the potential he would be monitored by foreign intelligence services, etc.

But after his marriage to Bushra Nusairat, a graduate of the Islamic Saudi Academy, it seems their fears heightened.   The Islamic Saudi Academy is located in Fairfax County, Va. and is funded by the Saudi government-funded.  (You can read more about her activities that raised eyebrows with the agency here.)

Certainly, everyone has the right to freedoms of religion, expression, and association.  But no one has the right to a security clearance.  (Something with which Mr. Hegab states he agrees.)  The court declined to rule on the merits of his constitutional claims and instead deferred to the executive branch’s discretion over such matters.  Long and short: it’s a separation of powers issue.

While the court never touched the merits of the issue, I invite you to in the comments section.  Is Mr. Hegab’s question of lawfulness a legitimate one?  (And you need not be a civil rights litigator to post a comment.)