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Reason
Reason
Politics
Eugene Volokh

When Should Security Clearance Be Denied Based on Interest in QAnon and Three Percenters?

From a decision released Oct. 24, but just posted on Westlaw, ISCR Case No. 22-00849 (Dep't of Defense Office of Hearings & Appeals) (Administrative Judge Edward W. Loughran), concluding that the applicant, who worked for a DoD contractor, should regain his security clearance; an excerpt, though you can read the full decision for more on the Three-Percenters, QAnon, and the general legal rules applicable in this case:

Findings of Fact

… On January 13, 2021, a U.S. servicemember reported that a vehicle on the military installation was "displaying Three Percenter and QAnon stickers on its back window. Both of these organizations/beliefs have been linked to racially motivated violent extremism and anti-government actions." He reported that he first noticed the "III" sticker on July 31, 2020, and the QAnon sticker on January 12, 2021. He stated that he became aware of the III symbol because it was reported that an NFL player had the symbol as a tattoo.

The military criminal investigation division did a criminal and insider-threat analysis and determined that Applicant was not suspected of committing a criminal offense or being an insider threat. The military criminal investigation division did not open an investigation, with the following rationale in an email dated January 15, 2021:

  1. Social media was identified with no derogatory information noted.
  2. The FBI has not designated the 3%ers or QAnon as a terrorist organization. Neither of them are organized groups.
  3. The 3%er sticker alone is not an indicator of militia affiliation (see attached [FBI Joint Information Bulletin identified in above Evidence section] and below for more details.
  4. While an internet search for three percenters (III%) and QAnon will yield several sites declaring them anti-government, militia linked, or conspiracy theorists; as with any group there are those who take matters to the extreme and those who are more conservative in their voice. Displaying a sticker in support of either group does not make an individual a threat.
  5. At this time, [Applicant] is not suspected of committing a criminal offense or insider threat.

An administrative investigation was ordered and completed by a U.S. military field grade officer. The investigation disclosed that the vehicle belonged to Applicant. The Three Percenter sticker has III inside a circle of stars. The QAnon sticker is a stylized Q with a skull inside. Applicant bought the III sticker on eBay for $20 and placed it on his vehicle in about June 2020. He bought the QAnon sticker on eBay for $10 and placed it on his vehicle in about January 2021. He also bought a rubber bracelet with a red Q.

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