FOIA Under Fire: Why Military Law and Justice Depend on Open Records

DOJ Bond FOIA

For service members facing courts-martial, medical retirement disputes, or appeals before military boards, one tool often makes the difference between fairness and frustration: the Freedom of Information Act (FOIA). FOIA allows attorneys to uncover critical records, everything from investigation files to medical reports, that service members need to defend their honor, protect their benefits, and ensure justice.

But a recent move by the Department of Justice (DOJ) to demand a $50,000 bond in a FOIA case has sent shockwaves through the legal community. If upheld, it could create dangerous barriers for military members and veterans who rely on FOIA for access to the truth.

Why FOIA Matters in Military Justice

  • Uncovering Evidence – FOIA requests often reveal investigative files, disciplinary records, and administrative correspondence that can prove whether a service member was treated fairly.
  • Medical and Retirement Benefits – In MEB/PEB cases, FOIA ensures access to medical evaluations and disability determinations that directly impact a service member’s career and retirement benefits.
  • Accountability – FOIA is one of the few tools that allows service members and their advocates to challenge unlawful orders, expose command misconduct, or review board proceedings.

Without FOIA, attorneys and their clients would be fighting blindly against the weight of the military bureaucracy.

The DOJ’s Bond Request: A Dangerous Precedent

The DOJ recently asked a Washington, D.C., federal judge to require a nonprofit transparency group and journalist Brian Karem to post a $50,000 bond simply to expedite a FOIA lawsuit over Trump’s Mar-a-Lago documents. If the group lost on appeal, that money would be forfeited.

For military clients, this precedent would be devastating:

  • Financial Barriers – Most service members cannot afford such sums.
  • Chilling Effect – Attorneys may be forced to advise against pursuing critical FOIA litigation due to risk.
  • Erosion of Rights – The executive branch would effectively gatekeep access to records, undermining both FOIA and judicial independence.

Why This Undermines Judicial Independence

Federal courts, not the executive branch, are entrusted to decide whether cases move forward. Forcing litigants to post large bonds because of a political directive threatens:

  • Separation of Powers – Courts must remain independent arbiters, not enforcers of executive preferences.
  • Equal Access – Justice should not depend on a litigant’s financial means.
  • Transparency – A democracy cannot function if government records are shielded from scrutiny by artificial financial barriers.

Why This Matters for Military Members and Veterans

If this approach spreads, service members could find themselves unable to access their own service records when fighting unjust actions by the military. From challenging unlawful orders to securing disability ratings, FOIA is the backbone of transparency in military law.

Blocking FOIA through financial gatekeeping would not only harm individuals, it would weaken trust in the justice system itself.

Resources and References

Polygraphs in the War Department: A Dangerous Step for Federal and Military Employees

Polygraphing Federal Workers and Service Member

When news breaks that senior leadership wants to clamp down on “leaks” by ordering random polygraph tests for Department of Defense employees and service members, it may sound like a tough approach to discipline. But beneath the surface, it reveals something far more troubling.

Imagine being a civilian analyst who has worked for years in the Pentagon, or a young service member stationed overseas. You’ve given your career, your loyalty, and your reputation to your job. Then one day, you’re summoned to take a lie detector test, not because you’re accused of wrongdoing, but simply because the leadership wants to make an example out of “someone.” Suddenly, your job, your career, and even your honor are tied to a machine that courts themselves hesitate to trust.

Polygraphs are not foolproof. They measure stress, not truth. And stress runs high when your livelihood is on the line. A nervous breath, a racing pulse, or even the memory of a past mistake can trigger results that look suspicious. For federal employees, this creates the risk of being disciplined, demoted, or fired without real evidence. For military service members, the consequences can be even harsher, career-ending investigations, loss of retirement, or even court-martial referrals.

What’s more concerning is the power dynamic at play. In the military and defense world, careers depend heavily on trust from the chain of command. By inserting random polygraphs into that environment, leadership turns trust into fear. It chills communication, discourages whistleblowers, and silences those who might otherwise raise legitimate concerns. The War Department becomes less about defending the nation and more about policing its own employees under a cloud of suspicion.

This is not just a matter of workplace policy, it’s a legal landmine. Federal workers are protected by the Constitution and statutes like the Civil Service Reform Act and Privacy Act. Military members are entitled to due process under the Uniform Code of Military Justice. Random polygraph sweeps brush aside those safeguards. They flip the burden of proof, turning ordinary employees into suspects. They stretch constitutional limits on privacy and due process. And they invite abuse, where the results of a questionable test could be used to target individuals for reasons that have nothing to do with leaks.

At its core, this push for polygraphs is less about national security and more about power. It suggests that the War Department’s leadership can bypass established protections whenever it feels threatened by criticism or exposure. But history shows that when leaders demand tools of intimidation instead of lawful process, the rights of ordinary employees and service members erode first, and restoring them is never easy.

For those who serve, whether in uniform or in civilian roles, the warning is clear: unchecked demands for polygraph testing are not a show of strength, but a sign of weakness in leadership. They risk transforming the workplace into a climate of fear, where truth becomes secondary to control. And that is a dangerous path for a department tasked with defending a free nation.

 

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Federal employees and service members facing adverse action should seek representation from a qualified attorney.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., defends service members, federal employees, and civilian contractors in cases involving adverse actions, investigations, and injustices in the military and federal workplace. With decades of experience, our firm is dedicated to protecting the rights of those who serve. Learn more at www.militarydefense.com.

When the Military Orders Silence: The Hegseth Directive, Navy Reporting Guidance, and the First Amendment Risks

Social Media Naval Branch

 

New Navy Guidance: Reporting Improper Social Media Use

On September 15, the Chief of Naval Operations released a memo instructing how to receive, refer, and track reports of “unprofessional personal social media use.” Navy Times The memo directs that reports be forwarded through the chain of command, with periodic status updates up to the CNO level, but states that the Chief of Naval Personnel is not to perform investigations unless the matter warrants accountability tied to unprofessional use. Navy Times

This formal process institutionalizes oversight and surveillance of Sailors’ online behavior. It underscores that social media posts are no longer purely personal acts: they are subject to command visibility and may trigger review or discipline.

The Navy Social Media Handbook also confirms that Sailors remain subject to the UCMJ at all times, including off-duty, and that “improper or inappropriate online behavior … may result in administrative or disciplinary action.” CSP Navy /navy.mil

Thus, the Navy is actively building procedural infrastructure to catch and escalate online speech potentially deemed unprofessional.

The “Hegseth Order” & Posts about Charlie Kirk

In parallel, top Defense leadership has signaled strong intent to punish service members for celebratory or mocking posts about the death of Charlie Kirk, a private citizen not holding public office. Reports suggest that commanders have suspended or removed personnel whose posts are under review. Navy Times

Because the target was not in government, service members’ comments about Kirk do not implicate contempt under UCMJ Article 88, which applies to certain high officials. And unless there is a whistleblower scenario or clear misconduct, these posts do not fall cleanly within protected communications.

What is left is a commander invoking good order and discipline as justification to suppress speech.

Constitutional & UCMJ Constraints

  1. Parker v. Levy and Military Speech Limits

The Supreme Court in Parker v. Levy, 417 U.S. 733 (1974), upheld that military speech can be restricted when necessary to prevent interference with duty, morale, or discipline. But that case also implies that restrictions must be tied to actual harm or disruption, not imagined ones.

  1. Lawfulness of Orders & Narrow Tailoring

Under military law (e.g. the Manual for Courts-Martial), a service member must obey a lawful order. If an order is overbroad, arbitrary, or lacks a proper military purpose, it may itself be invalid.

An order to silence commentary about a private citizen, without showing that it actually harms unit cohesion, is at risk of being invalidated.

  1. Risk of Political Suppression

When the content suppressed is political or ideological rather than directly linked to military function, the risk is that discipline becomes a form of political censorship. Courts have been wary of allowing the UCMJ to be used as a blunt instrument for silencing dissenting views that do not threaten mission performance (Brown v. Glines, 444 U.S. 348 (1980)).

  1. Interaction with Navy Reporting Memo

The Navy’s new memo strengthens the command’s ability to monitor, log, and escalate social media concerns up the chain, potentially amplifying the reach of broad speech restrictions like the Hegseth directive.

Because reporting is formalized, a sailor’s post might be flagged even without direct local command knowledge, increasing the chance of review or discipline for commentary that might otherwise have remained unremarked.

That procedural structure amplifies the stakes: if the order is invalid, the entire reporting and investigative chain may be operating under unjustified authority.

  1. What Service Members Should Know
  • Not all speech is punishable, but suppression must be tied to real discipline or mission harm, not mere political disagreement.
  • Orders must be lawful. A directive to punish posts about a private citizen must bow to constitutional limits or risk being struck down.
  • Procedural rights matter. If accused, a service member is entitled to notice, to respond, and to challenge whether the order was lawful.
  • Representation is essential. Where broad or vague commands are used to silence dissent, legal counsel must push back, not merely accept “command authority” as absolute.

The interplay between the Hegseth directive, new Navy reporting protocols, and constitutional protection presents a serious danger: that normal political speech by service members could be censored under the guise of discipline.

At the Law Offices of David P. Sheldon, PLLC, we stand ready to defend service members whose voices are suppressed. If you are under threat of investigation or discipline for your online speech, we can challenge overreach and help protect both your career and your rights.

References & Resources

  • Parker v. Levy, 417 U.S. 733 (1974) – Full Text
  • Brown v. Glines, 444 U.S. 348 (1980) – Full Text
  • Uniform Code of Military Justice (10 U.S.C. §§ 888, 892, 933, 934) – UCMJ Articles
  • Manual for Courts-Martial, Part IV, ¶14 – 2024
  • Military Whistleblower Protection Act, 10 U.S.C. § 1034 – Cornell Law School

Protecting Your Future: Legal Guidance for Army Aviators Facing Forced Resignation

Uh-60 black hawk, Helicopter, Flight image. https://pixabay.com/users/military_material-5427301/

A Major Transformation in Army Aviation

The U.S. Army recently announced that it will cut approximately 6,500 active-duty aviation positions over the next two years as part of a sweeping shift away from manned aircraft toward unmanned systems (Army Times; The Defense Post). These changes will not only reshape aviation units but also leave many skilled aviators facing career-altering decisions, including resigning their commissions.

For those who may soon be selected, the process will be swift and administrative in nature. Yet what happens now—how you prepare your records and position yourself—will directly affect your future rights, benefits, and career options.

Why Record Accuracy Matters

When separation boards, “talent panels,” or reassignment authorities review an aviator’s case, their decisions often hinge on the accuracy and completeness of personnel and medical records. Errors, omissions, or inconsistencies can undermine your position, limit your appeal options, and even cost you valuable benefits.

Personnel Records

  • Ensure your Officer Evaluation Reports (OERs), awards, flight qualifications, and training histories are accurate and complete.
  • Resolve discrepancies between official Army systems and your personal records.

Medical Records

  • Verify that all conditions, diagnoses, waivers, and flight physicals are up to date.
  • Seek correction or clarification of any entries that misstate your health history or flight status.

Supporting Documentation

  • Retain copies of correspondence, memoranda, and emails related to your aviation career, reassignment, or performance.
  • Document any waivers or declined opportunities in writing for future clarity.

Protecting Your Rights in Transition

If notified to resign or reclassify, you may have options to appeal or seek reconsideration. These processes often come with strict deadlines. Consulting legal counsel—whether through Judge Advocate General (JAG) services or qualified civilian representation—can be essential in ensuring your case is handled fairly.

Additionally, ensure that your pay, time-in-service, and leave balances are accurately recorded, as these figures will directly affect your separation pay, retirement credit, and post-service benefits.

Steps Aviators Should Take Now

  1. Review and Correct Records – Submit corrections promptly through the appropriate personnel channels.
  2. Update Medical Files – Confirm that all medical conditions and treatments are documented.
  3. Organize Your Documentation – Keep both digital and physical copies of all service-related records.
  4. Seek Counsel Early – Do not wait until you receive notice; understanding your rights now is key.
  5. Plan Your Next Chapter – Secure certifications, validate flight hours, and prepare for transition to civilian or Reserve opportunities.

A Final Word to Army Aviators

You have dedicated your careers to the cockpit and to the Army mission. While the transition away from manned aviation may not have been your choice, how you respond now can safeguard your honor, your benefits, and your family’s future.

Be proactive. Be precise. Protect your record, because it protects you.

 

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents military service members, federal employees, and uniformed officers nationwide. Our attorneys have decades of experience in military justice, administrative law, and defending the rights of those who serve. From courts-martial defense to correction of military records and retirement benefits appeals, we fight to ensure fairness and justice for every client.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney–client relationship. Service members facing separation or forced resignation should consult with qualified legal counsel about their specific situation.

 

OPINION: Silencing Women in Service Weakens America’s Strength

Image adapted from the Defense Advisory Committee on Women in the Services (DACOWITS), U.S. Department of Defense, 2013 DACOWITS Report (public domain).

OPINION: Silencing Women in Service Weakens America’s Strength

By the Law Offices of David P. Sheldon, PLLC

A Step Backward

Defense Secretary Pete Hegseth’s decision to shut down the Defense Advisory Committee on Women in the Services (DACOWITS) is not just about ending an advisory group. It is part of a broader push to reshape the image of the military under a narrow “warrior ethos.” In doing so, it risks violating the rights of service members and weakening national security.

For nearly 75 years, DACOWITS gave women in uniform a voice inside the Pentagon, flagging problems with equipment, training, health care, and readiness. Its closure silences that voice. Even more troubling, it signals a willingness to roll back decades of progress where women have earned the right, through law and sacrifice, to serve in every capacity, including combat.

And this was not theoretical progress. DACOWITS directly shaped the military’s ability to function effectively. As of 2025, approximately 94% of DACOWITS recommendations have been either fully or partially adopted by the Department of Defense since its creation in 1951. Those changes, from equipment design to personnel policies, had real, measurable impacts on readiness and national security. Closing the committee risks losing a proven engine of reform.

The Legal Reality

Hegseth does not have the legal power to remove women from combat or other positions simply because of their sex. Congress repealed combat-exclusion laws years ago, and the Supreme Court has made clear that discrimination based on gender requires an “exceedingly persuasive justification.” Any attempt to bar women would trigger immediate lawsuits and constitutional challenges under the Fifth Amendment’s equal-protection guarantee.

Uniformed service members—whether Army, Navy, Space Force, NOAA, or the U.S. Public Health Service—fall under Title 10. That means their rights are protected by federal law, and any blanket policy to exclude them based on sex would be unlawful.

Security Consequences

This is more than a legal fight. Removing women from full participation in service threatens national security. Research consistently shows that diverse teams perform better, especially in complex missions overseas and at home. By closing down advisory committees and silencing voices, the Pentagon narrows its talent pool at a time when recruiting and retention are already at crisis levels.

For non-armed services like the USPHS and NOAA, which often deploy alongside the military in disaster zones or global health missions, the chilling effect is real. Labeling inclusion efforts as “woke” undermines critical coordination and risks sidelining officers who are already vital to national response efforts.

A Dangerous Precedent

Beyond the issue of gender, the new directive restricting service members’ ability to speak at outside events and panels further shortens the lines of communication between the Pentagon and the public. When commanders control not just operations but also outside speech, transparency suffers. Service members—military, federal, or Tribal—are left with fewer avenues to raise concerns, seek reforms, or expose wrongdoing.

The Path Forward

Commanders and service members who find themselves targeted by discriminatory policies are not without recourse. They can:

  • File Equal Opportunity complaints
  • Pursue Inspector General investigations
  • Petition their respective Boards for Correction of Military or Naval Records (ABCMR, BCNR, etc.)
  • Seek judicial review where appropriate

Our firm stands ready to defend these rights. Title 10 protections apply across the spectrum of uniformed service, and no secretary can erase them by memo.

Conclusion

Rolling back opportunities for women under the guise of “readiness” is both unlawful and unwise. America is strongest when all who are willing and able to serve are judged on merit, not gender. Shuttering transparency and silencing voices threatens readiness, justice, and the very values the military and federal service are sworn to uphold.

References, Resources & Citations

  • Politico, Hegseth shutters Pentagon women’s advisory group, clamps down on outside appearances (Sept. 2025) Politico
  • Hegseth dissolves women’s military committee over ‘divisive feminist agenda’ (The Guardian, Sept 23 2025) The Guardian
  • Hegseth ‘proudly’ terminates Women, Peace, and Security program supported by Trump (Washington Post, Apr 2025) Center for Strategic and International Studies, Women, Peace, and Security Act of 2017 and DoD Implementation (2017–2024 reports) Washington Post
  • Georgetown Institute for Women, Peace and Security (GIWPS), commentary on WPS strategy rollbacks (2025) GIWPS
  • Department of Homeland Security Report on the Implementation of the Women, Peace, and Security (WPS) Act (2022) DHS
  • Department of State Implementation Plan for the U.S. Strategy on Women, Peace, and Security Department of State
  • Women, Peace and Security: Strategic Framework and Implementation Plan (DoD, 2020) Policy Brief
  • Women, Peace, and Security Act of 2017 (Public Law 115-68) Congress
  • DACOWITS Annual Reports to the Secretary of Defense (archival, 1951–2024) DACOWITS
  • Title 10, U.S. Code, governing armed and uniformed services Cornell
  • Department of Defense Inspector General and GAO reports on military recruiting and readiness (2023–2025) GAO Readiness Reports

 

Privacy and Power: National Guard Protections Under the Privacy Act Remain Vital in Today’s Environment

Federalizing the Reserves
Photo By Tech. Sgt. Andrew Enriquez –
This image was released by the United States National Guard with the ID 250815-Z-EZ983-1008

In 2009, the D.C. Circuit Court of Appeals confronted a seemingly technical, but critically important question: Does the Privacy Act protect members of federally recognized National Guard units when they are not on active federal duty?

The case, In re Sealed Case, No. 07-5251 (D.C. Cir. 2009), involved a Vermont Army National Guard member whose sensitive personal information was improperly disclosed. Represented by David P. Sheldon, the appellant challenged the government’s attempt to carve out the National Guard from the Privacy Act’s protections whenever guardsmen were not on federal activation orders.

The government argued that state Guard units, when not federalized, were “state entities” beyond the Privacy Act. The district court agreed and dismissed the case. On appeal, however, the D.C. Circuit reversed, holding that the statutory structure of Title 10 and the Privacy Act compelled the opposite conclusion: a National Guard unit is always part of the Army National Guard of the United States (ARNGUS), which in turn is a reserve component of the Department of the Army, a “military department” expressly covered by the Privacy Act.

Judge Kavanaugh’s Concurrence

The panel opinion was authored by Judge David Tatel, with a separate concurring opinion by Judge Brett Kavanaugh. Judge Kavanaugh agreed with the outcome but emphasized a streamlined statutory approach. He underscored that the Department of the Army is plainly an “agency” under the Privacy Act and that federally recognized Guard units, by definition, fall under the Army’s umbrella. His concurrence dismissed attempts to overcomplicate the statutory analysis, warning that Congress had already spoken clearly: Guard units federally recognized under Title 10 remain tied to the Army’s command structure and thus remain subject to federal obligations under the Privacy Act.

David P. Sheldon’s Argument

In oral and written arguments, David P. Sheldon advanced the principle that privacy protections must travel with the soldier, regardless of whether a Guard unit is under state or federal command. “The dignity of service members requires no less than full protection of their private information, whether they are standing guard at home or serving abroad,” Sheldon argued in the case.

That position carried the day, shaping precedent for thousands of Guard members across the nation.

Why It Matters Today

The reasoning in In re Sealed Case resonates even more strongly in the present environment:

  1. Expanded Federal Utilization of the Guard.  Guard units are increasingly activated for missions that blur federal and state roles—border enforcement, pandemic response, natural disaster relief, and civil unrest. Their entwinement with federal operations makes the distinction between “state” and “federal” duty even less meaningful. Kavanaugh’s statutory reading—that federally recognized units are always part of ARNGUS—fits today’s operational realities.
  2. Growing Data Vulnerabilities.  With AI systems, electronic health records, and broad interagency data sharing, the risk of wrongful disclosure or algorithmic error in Guard members’ personal information has grown exponentially. The Privacy Act, designed to check exactly these risks, must remain robust.
  3. Current Administration’s Military Policies.  Recent administrations, including the current one, have leaned heavily on Guard forces for politically sensitive missions. Attempts to sidestep federal accountability by pointing to “state status” would threaten Guard members’ rights at precisely the moment they need federal protection most.

Conclusion

The D.C. Circuit’s 2009 decision, argued by David P. Sheldon and joined in judgment by Judge Brett Kavanaugh remains good law. Its logic has only gained strength. The Privacy Act applies to the National Guard not as a matter of policy preference, but because Congress has mandated it. In an age of unprecedented reliance on the Guard and unprecedented risks to personal data, this precedent serves as a vital safeguard for those who serve.

References & Resources

  • In re Sealed Case, No. 07-5251, 551 F.3d 1047 (D.C. Cir. 2009). govinfo.gov 
  • Perpich v. Department of Defense, 496 U.S. 334 (1990).  Justia USSC
  • Privacy Act of 1974, 5 U.S.C. § 552a. Justice.gov
  • Title 10, U.S. Code §§ 101(a)(6), 10101, 10105, 10106, 10107. govinfo.gov
  • Army Regulation 340-21, The Army Privacy Program. Download
  • Defense Privacy Board, Applicability of the Privacy Act to National Guard Records (1992). PCLT

Disclaimer

This publication is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Service members and federal employees facing Privacy Act or related issues should consult with qualified legal counsel regarding their specific circumstances.

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a nationally recognized firm dedicated to defending the rights of service members, federal employees, and veterans. From courts-martial to federal employment disputes, medical retirement cases, and Privacy Act litigation, our attorneys combine deep knowledge of military and federal law with an unwavering commitment to justice.

Drug Boats: Where Questions of Lethality and Legality Meet — New Analysis From USNI

Full analysis on DOD Bombing of Valenzuelan Drug TrafficOn 2 September 2025, the U.S. military carried out a precision strike against
a suspected drug-smuggling vessel. (Department of Defense)

Drug Boats: Where Questions of Lethality and Legality Meet — New Analysis From USNI


Delve into the intricate intersection of maritime law enforcement and lethal force in “Drug Boats: Where Questions of Lethality and Legality Meet.” Co-authored by Annie Morgan, a Senior Military Attorney at the Law Offices of David P Sheldon, PLLC, this thoughtful examination draws on Annie’s distinguished background—including appearances before the War Courts at Guantánamo Bay, the Court of Military Commissions Review, and the D.C. Circuit.


Together, the article navigates the thorny legal terrain surrounding drug interdiction by sea, weighing the consequences of policy, precedent, and power. Insightful, timely, indispensable.


Read the full article

Drug Boats: Where Questions of Lethality and Legality Meet
By Annie W. Morgan, Esq. and James Halsell
September 2025
Proceedings
Vol. 151/9/1,471

 

Uncleared and Present Danger: What the Latest Security Clearance Revocations Mean for Your Career

The Bigger Picture: What Just Happened?

Uncertain Futures

When news broke that Director of National Intelligence Tulsi Gabbard had revoked the clearances of thirty-seven current and former officials, many people shrugged, thinking it only affected Washington insiders. But the truth is far more unsettling. This decision is a reminder that the single document that allows someone to enter a secure building, open a classified file, or work on a sensitive project can be taken away in an instant.

For anyone working in the federal government, the military, or with a defense contractor, a security clearance is not just a piece of paper, it is the lifeline of their career. Without it, doors close. Positions disappear. Contracts collapse. Future employment is stalled-out.

Why Security Clearances Are So Critical

Imagine building a career around years of specialized training, loyalty to your country, and a deep knowledge of national security issues. Now imagine that, overnight, all of it is put on hold because your clearance is gone. For most, losing a clearance doesn’t just mean being moved to a different desk. It often means being placed on unpaid leave, reassigned to a job that doesn’t exist, or let go entirely.

Contractors are hit even harder. When one person on a project loses clearance, the whole contract may fall apart. Teams can be dismantled, deadlines missed, and jobs lost, not because of poor performance, but because the government decided that someone no longer had the “key” to the classified world.

The Legal Fallout and Career Risks

These recent revocations raise serious legal concerns. In the normal course of business, an employee whose clearance is questioned has the right to know the reasons and respond before any decision is final. When that process is skipped, due process itself is undermined. That isn’t just unfair, it is potentially unlawful.

There is also the matter of privacy. Federal law, through the Privacy Act of 1974, is designed to protect the personal information of government employees. By publicly naming those whose clearances were revoked, officials may have crossed a legal line. Beyond the legalities, the reputational damage is enormous. Once someone is known as having “lost their clearance,” future job prospects in government or contracting become uncertain, even if the decision was never justified in the first place.

Why This Matters for Everyone With a Security Clearance

Security clearances have always been viewed as neutral, based on trust, judgment, and reliability, not politics or personalities. The recent actions challenge that tradition, and the ripple effect spreads quickly. If professionals begin to believe their careers can be destroyed without explanation, many of the best and brightest will walk away from government service. The talent pool shrinks, morale drops, and national security itself can be weakened.

For individuals, the lesson is clear: your clearance is your career. Protect it as you would protect any other professional license or credential. And if it is ever challenged, act quickly. With the right legal representation, it is possible to appeal and, in some cases, restore a security clearance. But time matters, and experience matters even more.

Where We Come In

At the Law Offices of David P. Sheldon, PLLC, we have seen firsthand the devastation a clearance revocation can bring to a family. Paychecks stop, benefits vanish, and years of hard work are suddenly in jeopardy. We have dedicated our practice to helping federal employees, contractors, and service members fight back when their livelihoods are at risk. Our experience spans every corner of the clearance process, from responding to initial concerns to challenging wrongful decisions in court.

Reading List & Resources

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., our firm is nationally recognized for defending the rights of service members, federal employees, and contractors. Whether you face a security clearance revocation, a military board action, or a federal employment dispute, our attorneys bring decades of experience to protect your career, your livelihood, and your future.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Each case is unique, and you should consult with an attorney regarding your specific situation.

Meet the Power Team: Linda & LeAnn – Our Legal Superheroes

Super Heroes Linda and LeAnn

At the Law Offices of David P. Sheldon, PLLC, we believe every great law firm has its champions. For us, those champions are none other than Linda Tiller and LeAnn Hendrick—a dynamic duo who bring extraordinary strength, insight, and dedication to our clients. Together, they are the ultimate power team: unstoppable in their pursuit of justice, fearless in the face of challenges, and unwavering in their commitment to excellence.

Linda Tiller: The Strategist

With decades of experience navigating the complexities of federal and military law, Linda has a sharp mind that sees every angle. Known for her meticulous preparation and deep knowledge of procedure, she is the strategist who maps out the battlefield and ensures our clients are always steps ahead. Her superpower? Turning complex legal tangles into clear, winnable strategies.

LeAnn Hendrick: The Advocate

LeAnn brings unmatched energy, compassion, and tenacity to every case. Clients feel her dedication instantly—she listens, she empowers, and she fights as though each client’s cause were her own. Her superpower? Transforming client concerns into powerful advocacy that resonates in the courtroom and beyond.

A Force for Our Clients

When Linda and LeAnn join forces, their talents amplify. They balance precision with passion, intellect with empathy, and strategy with action. Think of them as the Justice League of our firm—protecting the rights of service members, veterans, and federal employees with the courage and determination of true heroes.

At the end of the day, Linda and LeAnn aren’t just part of our team—they are the shield and the sword for our clients. Their combined strength makes us proud to say:

L & L: We Get the Job Done!