Military “National Security” Cases, Military Cases Involving Classified Information, and Military Security Clearance Cases – Military Defense Lawyer

Our civilian court-martial defense lawyers have defended many cases involving national security issues, cases involving classified information, and/or security clearance cases.

When military members are accused of breaching security clearance rules, or if a military case involves classified information, this is a very serious situation. Alleged violations of the rules regarding classified information, security clearance requirements, rules of engagement, and other national security and protected information related cases can be some of the most sensitive and important cases in the military justice system. If you are a military member facing these allegations, you need a strong military defense lawyer as your advocate who understands these rules and has experience dealing with them. Attorney Richard V. Stevens has been handling military “national security” cases, security clearance cases, and military cases involving classified information for over 30 years. He, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of these types of military cases.

MILITARY OFFENSES CONCERNING GOVERNMENT COMPUTERS (UCMJ ARTICLE 123)

Over the years, there have been multiple cases covered by the national media regarding alleged security breaches through Government computer networks. The cases of Bradley (Chelsea) Manning, Edward Snowden, Jack Teixeira, and Reality Winner are some of those examples. In the military justice system, security breaches through DoD and Government computer systems can be charged under Uniform Code of Military Justice (UCMJ) Article 123. Specifically, UCMJ Article 123 covers the following alleged scenarios:

– Any military member who knowingly knowingly accesses a Government computer, with an unauthorized purpose, and by doing so obtains classified information, with reason to believe such information could be used to the injury of the United States, or to the advantage of any foreign nation, and intentionally communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted such information to any person not entitled to receive it. [Max. 10 years for each proven offense.]

– Any military member who intentionally accesses a Government computer, with an unauthorized purpose, and thereby obtains classified or other protected information from any such Government computer. [Max. 5 years for each proven offense.]

– Any military member who knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer. [Max. 10 years for each proven offense]

To underscore the seriousness of the offenses, you can see the maximum authorized court-martial sentences for each allegation that is proven. This highlights the need for experienced military defense counsel in these cases!

CLASSIFIED INFORMATION IN MILITARY COURTS-MARTIAL AND ADMINISTRATIVE BOARD HEARINGS
(Military Rule of Evidence (MRE) 505)

In military courts-martial or administrative board hearing cases involving classified information, these cases can be very complicated, as they require the appropriate security clearances, application of MRE 505 (government classified information privilege), filing motions for access to the classified information, dealing with security managers and offices, dealing with the “owners” of the classified information (which can be other governmental agencies), preparing for trial or board hearing in a SCIF (Sensitive Compartmented Information Facility), ensuring all court or board members and personnel have the requisite security clearance (lawyers, judges, bailiff, court reporter, court members, board members), using court reporting equipment that is cleared to deal with the classified information, and entering into closed/classified court and board hearing sessions that do not allow spectators and the court room is closed and treated as a SCIF.

Not only can these cases be very complicated, they are often very serious and can have devastating legal, professional, personal and family consequences for the accused military member. An experienced and aggressive defense attorney is absolutely vital in these military cases.

Some of the military court-martial cases defended by military defense attorney Richard V. Stevens that have involved national security issues and/or classified information have included:

• A court-martial involving elite Special Operations units that cannot be named. This case involved battling the government (MRE 505) with classified filings in closed motion hearings to obtain the classified information, dealing with security managers and offices, dealing with other government agencies that cannot be named who “owned” some of the classified information, preparing for trial in a SCIF after successfully compelling the classified information, defending a trial that had open sessions and closed/classified sessions and having to seamlessly transition from speaking freely about classified information in the closed SCIF trial sessions to speaking in careful terms that protected the identities of classified military units, government agencies, witnesses, and events. Ultimately, the client, who was facing a maximum punishment of more than five decades in prison if convicted, was acquitted of all charges.
• A court-martial involving classified nuclear security information and government agencies, witnesses and technology that cannot be named. This case involved battling the government (MRE 505) over what information could be disclosed or used in the case, dealing with security managers and offices, dealing with other government agencies that cannot be named who “owned” some of the classified information, and dealing with government agencies, witnesses and information that the government refused to disclose, despite their centrality to the case. The government claimed the national nuclear codes had to be changed because of this case. Ultimately, after the Article 32 hearing, the court-martial case was dropped, in favor of administrative action.
• A court-martial involving classified Rules of Engagement (ROE) for combat operations in the Middle East. This case involved battling the government (MRE 505) over what information could be disclosed or used in the case, dealing with security managers and offices, and closing a portion of the trial. Ultimately, the client, who was facing life in prison if convicted, was acquitted of all charges.
• A military and federal espionage investigation that was international in scope against a senior military officer. After defending the client through a lengthy investigation, the espionage allegations, and any related national security claims, were dropped and no court-martial was brought against the client.
• A court-martial involving classified stealth assets and technology. This case involved battling the government (MRE 505) over what information could be disclosed or used in the case, dealing with security managers and offices, and arriving at a compromise that protected the classified information and avoided closed/classified trial sessions. Ultimately, the client, who was facing life in prison if convicted, was acquitted of all charges.
• A federal security clearance hearing in front of a federal judge to address a claim that a senior military officer did not appropriate report high placed foreign contacts. After litigation of this federal hearing, the senior military officer was cleared.

In sensitive cases like these, having a skilled court-martial lawyer by your side can make a significant difference in the outcome.

MILITARY SECURITY CLEARANCE CASES

Military defense attorney Richard V. Stevens has handled many military cases impacting his clients’ security clearances. When a military member faces a court-martial or other disciplinary action, they often also face suspension or revocation of their security clearance. So, in most cases we handle, there is a security clearance issue.

In addition, military members can face adverse security clearance impacts based on allegedly mishandling classified information or violating classified information restrictions. Security clearance cases, such as notifications of suspension or revocation, can involve:

– Notifications from the Defense Counterintelligence and Security Agency (DCSA)
– Requests for additional information about an incident
– A Statement of Reasons (SOR) alleging security clearance violations
– Allegations of violations of National Security Adjudicative Guidelines
– Statement of Intent to Revoke Clearance
– Notification of denial or revocation of security clearance
– Appeal hearings before the DOD Office of Hearings and Appeals

These cases require sensitive and detailed rebuttals, appearance at hearings, and zealous defense representation to successfully adjudicate the security clearance issues.

Please see the following examples of recent security clearance cases successfully defended by military defense lawyer Richard V. Stevens

Security Clearance Case #1 and Security Clearance Case #2

Richard V. Stevens is a civilian criminal defense attorney and former active duty military JAG lawyers who exclusively practices military law and defends military members stationed around the world who are facing military trials, discipline and investigations.



If you’re facing military allegations, the defense of which may require disclosure of national security issues and/or classified information, or you’re facing an adverse security clearance action, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.

Request Consultation

No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.

Client Testimonials and Reviews

Please see Client Testimonials and Client Reviews for Attorney Richard V. Stevens.

Law Firm Social Media Accounts

Please find updates on our law firm and our cases on our social media:
Our Blog
Successful Case Defenses Through 2025
Twitter X
Facebook
Instagram

Attorney Richard Stevens

Mr. Stevens has been handling military cases since 1995. He has defended military cases dealing with the most serious military offenses, including allegations of “war crimes,” national security cases, murder, manslaughter, homicide, rape, sexual assault, other sex related offenses, drug offenses, computer crimes (pornography), larceny, fraud, AWOL/desertion, conduct unbecoming, military academy offenses, offenses within combat zones, senior officer cases and other military specific offenses around the world. [ Attorney Bio ]