Allegiance to United States                            Printer Friendly

Allegiance to United States

Relevance to Security

Allegiance is the loyalty that a citizen owes to his or her country. If allegiance to the United States is in doubt, an individual's willingness to safeguard classified information is also in doubt.

There is considerable overlap between the Allegiance guideline and the Foreign Influence and Foreign Preference guidelines. It is principally an Allegiance issue when an individual uses force or violence in seeking to overthrow or influence the U.S. Government, prevent others from exercising their constitutional rights, or to deliberately harm the United States. It is principally a Foreign Influence or Foreign Preference issue when an individual shows a preference for a foreign country, serves a foreign interest, or is vulnerable to foreign influence that puts protected information at risk.

Criticism of the U.S. Government is protected by freedom of speech. Expression of unpopular or antigovernment beliefs does not show lack of allegiance. An allegiance issue arises only when a person acts or prepares to act on those beliefs in a manner that violates the law.

Some persons proclaim their allegiance to the United States while their actions clearly demonstrate disloyalty. Interviews with 24 Americans arrested for espionage determined that almost all considered themselves "good Americans." They did not prefer any foreign country and rationalized their espionage as not really hurting anyone. In their minds, allegiance to the United States was never an issue.1  The truth, of course, is just the opposite. Espionage against the United States is the very clear expression of disloyalty.

Similarly, some antigovernment militia members, white supremacists, and tax protesters refer to themselves as Patriots. They defend a distorted interpretation of the Constitution, while actually undermining the Constitution by taking the law into their own hands and trying to force their values on others. While professing loyalty to the "country," many of these self-styled "Patriots" reject allegiance to what they view as an illegal government.

Potentially Disqualifying Conditions

Extract from the Guideline

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States of America;

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts;

(c) association or sympathy with persons or organizations that advocate, threaten, or use force or violence, or use any other illegal or unconstitutional means, in an effort to;

(1) overthrow or influence the government of the United States or any state or local government;

(2) prevent Federal, state, or local government personnel from performing their official duties;

(3) gain retribution for perceived wrongs caused by the Federal, state, or local government;

(4) prevent others from exercising their rights under the Constitution or laws of the United States or of any state.

____________

The first two potentially disqualifying factors involve support for a foreign interest to the detriment of U.S. national security. The third disqualifying factor is quite broad. It covers any behavior that violates another person's constitutional rights or undermines the constitutional process, often for domestic goals rather than on behalf of a foreign interest.

Individuals holding a security clearance have a right to hold unpopular opinions, including opinions that are distasteful to the overwhelming majority of Americans and contrary to government policy. They also have a right to seek change in government policies or programs.

They do not have the right to engage in force or violence, either actual or threatened, or to take the law into their own hands in any other way, in order to further their beliefs. Allegiance to the United States under this guideline is evaluated by what actions one takes or prepares to take, not what one is said to believe.

Actions that Harm U.S. National Security

An allegiance issue is raised by involvement in any illegal act, or the preparation, threat or attempt to commit any illegal act, or the knowing association with any persons or organizations advocating any illegal act, that harms the national security of the United States. Actions that harm the national security of the United States include espionage, treason, sabotage, terrorism, and sedition. These terms are defined below.

Espionage - "Spying," or gathering and communicating protected information that will benefit a foreign country or group, usually to the detriment of the United States.

Sabotage - Malicious damage or destruction of any work, structure or machinery, or disruption of production or business, usually with intent to injure or weaken, to make a political point, or to deny use of facilities or materiel.

Sedition - Conduct or language inciting resistance or insurrection against the lawful authority of a state.

Terrorism - Terrorism is the use or threatened use of violence or force for the purpose of creating fear in order to achieve a political, economic, religious, or ideological goal. International terrorism is terrorism conducted by or on behalf of any foreign interest.

Treason - Providing aid and comfort to an enemy in wartime.

Actual or Threatened Use of
Force or Violence

An Allegiance issue may be raised by the actual or threatened use of force or violence in an effort to change government policy, prevent government personnel from performing their official duties, or prevent others from exercising their constitutional rights. Constitutional rights include the public's right to vote, freedom of speech, right of assembly, and freedom of religion. Intimidation, harassment, or use of force to prevent any person from exercising these rights is an Allegiance issue. Training for or practicing the use of force or violence for these purposes is usually equivalent to threatening to use force or violence, as training and practice generally indicate intent to act.

A number of domestic organizations engage in activities that threaten to use or actually do use force or violence to achieve their political goals. Most of them fall within one of three broad categories -- extremist hate groups, extremist "Patriot" groups, and other single-issue extremist groups.

For information about the beliefs espoused by extremist hate groups and Patriot groups, see Glossary of Terms Used by Right-Wing Extremist Groups.

Extremist groups vary greatly. Some are more inclined toward threats or violence than others. Some avoid violence entirely and limit themselves to exercising their constitutional right to free speech. Many members of extremist organizations are law-abiding citizens whose activities remain within the bounds of legitimate, albeit strident, political speech. However, their dues, volunteer labor, and fundraising may support a more radical underground movement whose leaders and long-time members have been charged with bombings, arson, bank robberies, attempted murder, illegal weapons possession, fraud, intimidation of public officials, and failure to pay taxes.

Some extremist groups have adopted the concept of "leaderless resistance," which means their illegal activities are organized into small underground cells that operate independently. This makes it difficult to detect them or counter their activities. 5

It is important that judgments about any extremist organization be up to date. Extremist movements are very fluid. New groups form and others disappear. The character of these groups may also change rapidly as circumstances change and different factions vie for control. Local law enforcement agencies and the FBI should be checked when any organization is suspected of engaging in illegal activities.

Association With Certain Extremist Organizations or Groups

An Allegiance issue may be raised by membership or willful association with or support for any domestic or foreign organization or group of the type discussed above. Under this potentially disqualifying factor, the emphasis is on association with or membership in the organization rather than on participation in specific illegal actions. If an organization engages in or advocates illegal activities, membership alone may be a security concern that needs to be considered.

Denial or revocation of clearance based on membership alone would require evidence that the subject joined the group "knowingly" and "advocated" or "participated" in its activities.

If the organization engages in illegal activities, the key questions that need to be resolved during adjudication are: Was the subject aware at the time of joining the organization that its activity may be against the law? Did the subject help to advocate, fund, plan, organize, advertise, or participate in these unlawful activities? These distinctions are important because some organizations recruit members through broad appeals to furthering peace or defending the Constitution. It may take a while before a new member understands the full extent or significance of the group's activities. Many front organizations have two agendas: a lawful and open agenda for the members and the public to see, and a hidden agenda known only to the leadership. The lawful agenda may be used to raise funds and spot candidates to assist with the hidden agenda.

To assess the significance of an individual's association with or membership in an extremist group or organization that may violate the law (or violate Defense Department policy for military personnel), the adjudicator needs to know information such as the following:

Although a commitment to protect classified information does not require that one agree with U.S. Government policies, it does require that one accept the basic legitimacy of federal, state and local governments and their constitutional authority to make and enforce laws. Patriot groups generally reject that legitimacy. If a person views the U.S. Government as the "enemy" and trains and practices to use military force against federal law enforcement authorities or to cause any other civil disturbance, it would probably not be advisable to count on that person to guard a sensitive government installation or to protect classified information. Training and practice generally demonstrate intent to act. Granting a clearance only because the illegal act has not yet been committed would probably not be consistent with the common-sense intent of the guidelines.

In the event of uncertainty, the case should be referred for legal review. The bottom line should be a common-sense, whole-person decision on whether access to classified information "is clearly consistent with the interests of the national security" and meets the other requirements of Section 3.1.(b) of Executive Order 12968.

For more information on antigovernment extremist groups, see the information under Reference Materials on Antigovernment Patriot Groups, and the Glossary of Terms Used by Right-Wing Extremist Groups.

A criminal offense such as disturbing the peace, which is only a misdemeanor and not disqualifying under Criminal Conduct, could be disqualifying when evaluated under Allegiance to the United States. For example, a misdemeanor offense may be a basis for adverse action if it resulted from efforts to prevent others from exercising their constitutional rights, e.g., seeking to prevent members of a minority group from demonstrating or voting. See Example of Disqualifying Behavior

Stricter Standard for Military Personnel

Military personnel are held to a stricter standard of allegiance. Article 134 of the Uniform Code of Military Justice prohibits military personnel from uttering statements or taking other actions with the intent to promote disloyalty or disaffection among troops, such as praising the enemy, attacking the war aims of the United States, or otherwise denouncing the U.S. Government. Article 134 applies to the public utterance of such statements, not the fact that the member privately holds controversial views.

DoD Directive 1325.6, "Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces," prohibits the following types of activities. The actions commanders take is at their discretion based on their perceptions of the impact of the prohibited conduct on their units.

Example of Disqualifying Behavior

Subject is a 50-year old computer technician recently hired by the Army and being processed for access to Top Secret information.

Sixteen years ago, subject was arrested for disorderly conduct. He and other members of the Patriotic Knights of America (PKA) were harassing voters with "Asian features" and attempting to prevent them from entering a voting location. (Note: The name of the organization has been changed for use in this example. PKA is not the name of any actual organization, so far as is known.) Seven years ago, he was again arrested for disorderly conduct. He and other PKA members were counter-demonstrating at a synagogue against a group protesting the holocaust of World War II. They did not want what they thought were lies about the alleged holocaust to be told in public, so they pushed and shoved several Jewish protesters out onto the street and attempted to prevent them from protesting.

In a personal interview, subject stated that he joined the PKA 20 years ago because he agreed with its goals, which are to protect the rights of true Americans. Subject defined true Americans as those descended from the people of western Europe and who believe in the Protestant faith. Other people believing in different religions or from different ethnic backgrounds are not true Americans and should not receive the rights granted by the U.S. Constitution.

With respect to his prior arrests, subject explained that any actions are proper if they promote the goal of protecting the interests of true Americans. He is still active in the PKA.

On his Personnel Security Questionnaire, subject answered "No" to the question about affiliation with any organization that advocates or approves use of force or violence to prevent other persons from exercising their rights under the Constitution. He explained that persons who are not true Americans have no rights under the Constitution.

Both of subject's arrests were only for misdemeanors, and the last arrest was seven years ago. However, access to classified information will generally be denied under these circumstances as there has been no remorse or rehabilitation. Subject continues as an active PKA member committed to preventing certain Americans from exercising their constitutional rights. He may well act on this belief again in the future.

Mitigating Conditions

Extract from the Guideline

a) the individual was unaware of the unlawful aims of the individual or organization and severed ties upon learning of these;

(b) the individual's involvement was only with the
lawful or humanitarian aspects of such an organization;

(c) involvement in the above activities occurred for only a short period of time and was attributable to curiosity or academic interest;

(d) the involvement or association with such activities occurred under such unusual circumstances, or so much time has elapsed, that it is unlikely to recur and does not cast doubt on the individual’s current reliability, trustworthiness, or loyalty.

____________

Individual Was Unaware: Some organizations recruit members through broad appeals to furthering peace or defending the Constitution. It may take a while before a new member understands the full extent or significance of the group's activities. If the individual was not aware of the illegal activities, this may be a mitigating factor. See Example of Mitigation

Only Involved in Lawful Aspects:  Many front organizations have two agendas: a lawful and open agenda for the members and the public to see, and a hidden agenda known only to the leadership. The lawful agenda may be used to raise funds and spot candidates to assist with the hidden agenda. If the individual was involved only with the lawful or humanitarian aspects of a subversive organization, this may be a mitigating factor.

Brief Period/Curiosity/Research: A short (less than one year) period of membership during college suggests the type of wide-ranging interest that is common in an academic environment. A student may have joined to write an academic paper about it, or a journalist may have joined to write an investigative report. Participation may have been stimulated by something as innocent as a prospective girlfriend or boyfriend in the group. If the involvement lasted for only a short period of time and was attributable to curiosity or academic interest, this may be a mitigating factor.

Not Recent: Passage of time may mitigate some past associations or involvements as long as one did not participate directly in felony criminal activity. Amount of time depends upon age and maturity at the time and the extent and seriousness of the proscribed involvement.

Example of Mitigation

Subject was a military policeman being processed for Top Secret clearance. Local agency records show that he was arrested 10 years ago, at age 18, for parading without a permit and refusing to disperse. He was found guilty and fined $75. He was participating in a march by the group Posse Comitatus protesting U.S. tax policies. The group had not obtained a permit to conduct a march on public streets. When ordered to disperse, the group refused to do so. Subject was arrested with other group members.

Records also show that two months later, subject voluntarily reported the following to the police: He had been told that some members of the Posse Comitatus were planning bank robberies and other armed acts against the federal government to cause a change in the tax laws.

Subject reported during interview that he was a member of Posse Comitatus for six months. He believed the tax laws did not treat people fairly, so he joined the group to help get these laws changed. He attended several meetings and rallies. The parade where he was arrested was intended to obtain television coverage, but they did not know they needed a permit to march on public streets. When he heard members of the group talking about robbing banks to get money to buy more powerful weapons to attack government installations, subject reported this to the police and resigned from the group.

This case meets several mitigation criteria: brief membership, severed association when learned of illegal activities, passage of 10 years.

Reference Materials

Antigovernment Patriot Groups

Patriot groups are known for their armed militias and conspiracy theories. While individual militias differ widely in their philosophical beliefs, the common ground that binds them together is their mistrust and hatred of the federal government. They believe the government is engaged in a conspiracy to disarm the citizenry and impose authoritarian control. "The most ominous aspect of the militias’ program is the conviction, openly expressed by many of them, that an impending armed conflict with the federal government necessitates paramilitary training and the stockpiling of weapons in preparation for that day of reckoning. Many militia supporters believe that the conspiracy involves not only federal authorities, but also the United Nations, foreign troops and other sinister forces."6  For additional information on what many militia members believe, see Glossary of Terms Used by Right-Wing Extremist Groups.

At the peak of the Patriot movement in the mid-1990s -- the time of the bombing of the Federal Building in Oklahoma City -- over 800 groups in the United States identified themselves as "Patriots" opposed to a "New World Order" government conspiracy. As of 2004, this had gone down to 152 groups, including 52 militias, various "common law courts," "freemen," and support groups that publish and disseminate literature and hold conferences but do not participate in paramilitary training.2  For the names and locations of these Patriot groups, go to www.splcenter.org -- then click on Intelligence Project and search for List of Patriot Groups.

Private militias that raise security concerns must be distinguished from other groups that may call themselves militias but have no relationship at all to extremist activity. Some are hobbyists who dress up in period uniforms to reenact Civil War or Revolutionary War battles.

Some of the Patriot militias run paramilitary training camps, some of which are illegal. Paramilitary training can be broken down into roughly four categories:

Patriot training camps are against the law in most states if the training, or the transportation or stockpiling of weapons, is done with the knowledge or intent that it will be used to create a civil disturbance.7  Federal law and some state laws apply only to the trainers, not the trainees. 8

It may not be obvious that Allegiance to the United States is at issue due to militia activity. There is no foreign power involved. Even the most extreme militia members perceive themselves as patriots defending the Constitution. Some are decorated military veterans who have risked their life for their country. They are not preparing to overthrow the government, but to defend themselves against what they see as an oppressive government being subverted by "one-world" or other insidious forces. However, a person's past military record or current claims of patriotism do not mitigate the person's involvement in activities that advocate or commit acts of force or violence or that prevent others from exercising their rights under the Constitution or laws of the United States.

Common Law Courts

Some extremists who reject government authority have formed their own Common Law "courts" through which they issue arrest warrants, indictments, liens, and even death sentences on public officials. For example, a Montana judge was served notice by a Common Law "court" that she would be "arrested" and tried if she refused to drop three routine traffic tickets issued to a self-described "Freeman." Soon thereafter, she began receiving hate mail, threatening phone calls, and a warning that a contract had been issued for her murder.9  The theory behind the movement is "popular sovereignty," that people are above the law. Common Law "court" decisions are used to intimidate local officials, settle personal scores, and to try to reverse real court decisions regarding such things as divorce decrees and foreclosure notices. People who do not want to pay their bills or obey the law come to the "courts" to be told that they do not have to. 10

Freemen

"Freemen" are antigovernment militants who typically refuse to pay taxes, obtain drivers licenses, buy automobile license plates, or recognize any other government authority. For example, James Nichols, who was arrested in connection with the 1995 bombing of the Oklahoma City federal building, refused to obtain a drivers license, defaced dollar bills in protest against currency, and told a judge that he refused to accept the authority of the court. He criticized others for holding drivers licenses and Social Security cards, as well as for voting and paying taxes. He described others as puppets and "sheeple" for following authority like livestock. 11

Glossary of Terms Used By
Right-Wing Extremist Groups

Right-wing extremist groups use a special vocabulary of terms to describe their beliefs, activities, and organizations. 12

Aryan Nations - Radical neo-Nazi group that calls for a racial holy war.

Biochip - Miniature silicon chip encoded with information that many Patriots believe is secretly being implanted in newborns and patients at medical facilities as part of a government plan to track its citizens.

Black Helicopters - Believed by Patriots to be tools of the New World Order used to conduct surveillance on citizens as the first phase of martial law.

Bilderbergers - A group of American and European business and political leaders that meets annually in Switzerland. Patriots view this organization as a key component of a one-world conspiracy.

Christian Identity - A "religion," often referred to only as Identity, that is a major, radical force in the white supremacy movement. It holds as basic beliefs that Jews are spawn of Eve and Satan, that blacks and other minorities are subhuman "mud people," that Aryans are the true chosen people of God, and that a great race war will result in the extermination of all Jews and minorities. Many Identity "churches" are allegedly stockpiling supplies of military weapons and explosives in preparation for what they believe is an imminent war with the government.

Christian Patriot - Term used by antigovernment extremists and white supremacists to identify themselves.

Common Law - A "legal system" developed by extremists. It is comprised of selected passages from the Bible, Magna Carta, Articles of Confederation, Bill of Rights, and obscure legal citations. Adherents believe their common law supersedes all other government judicial authority. Their common law is very different from the real common law, which is based on custom and court decisions.

County Rule Movement - Also known as the Sagebrush Rebellion, this movement grew out of conflict between local ranchers and federal land managers over grazing rights on federal lands. These groups believe the county should be the highest level of government. Also see Posse Comitatus.

De Facto Government - A government exercising power as if legally constituted. The term is used by Patriots to refer to the federal government, which they believe is not a legitimate government and therefore has no jurisdiction over "sovereign citizens."

Edomites - An Identity term for Jews, derived from the Biblical story of Esau, who relinquished his birthright and later became the forefather of the Edomite race.

Freeman - A Patriot who formally rejects state and federal jurisdiction and regulations.

Fourteen Words - "We must secure the existence of our people and a future for white children." A phrase coined by Order member David Land and widely quoted by white supremacists.

Fourteenth Amendment Citizens - The Fourteenth Amendment to the Constitution grants citizenship to all persons born or naturalized in the United States, including blacks. Patriots view people who won citizenship through this amendment as "citizens of the state," not true citizens.

Gideon - Biblical king who threshed his wheat in secret to avoid paying taxes on it; considered by Patriots to be the first tax protester. While in bondage, Gideon was also a rebel leader.

Illuminati - A secret society founded in 18th-century Europe that Patriots see as the origin of an international conspiracy to rule the world. Identity adherents believe the Illuminati is the first part of the satanic Jewish conspiracy.

Identity - See Christian Identity.

Khazarian - An Identity term for Jews that reflects the belief that the Jews are really mongrel people from Khazaria, north of Turkey.

Kingdom of Israel Message - An Identity belief that holds white Anglo-Saxons to be the true Israelites, or chosen people of God, instead of Jews, and that America is their New Jerusalem.

Militias - Term Patriots use to describe their private paramilitary forces, as distinguished from the state-sponsored militias (now National Guards) sanctioned by the Second Amendment.

National Alliance - Now the fastest-growing neo-Nazi organization in the United States.

New World Order - Patriot term for the world government they believe is about to be implemented through an international conspiracy.

"Off the Grid" - A catch phrase used by many Patriots and survivalists to describe their independence from federal and state authority.

One Supreme Court - The body that common law followers believe to be the ultimate judicial authority.

Patriots - Individuals who believe they are the true defenders of the U.S. Constitution, as the federal government is illegitimate and is run by conspirators who seek to disarm the American public and create a world government.

Posse Comitatus - Latin for "power of the county," signifying refusal to obey or recognize any law enforcement or government authority higher than the county sheriff. Many tax protesters adhere to the Posse Comitatus view, including the belief that the federal government has no authority to collect taxes.

Protocols of the Learned Elders of Zion - Fictional document written in the 18th century by Czarist Russian officials, describing a centuries-old Jewish conspiracy to rule the world. This document continues to be distributed through white supremacist and Patriot mail-order houses.

Quiet Title - Common law "legal" procedure that Patriots believe frees a person from state and federal jurisdiction and regulations.

Sovereignty - To Patriots, this means exemption from federal and state control. "Sovereign citizens" reject the validity of the federal government, the judiciary, and the financial system.

Tenth Amendment - This constitutional amendment reserves all powers not delegated to the federal government to the states or to the people. Many Patriots view this amendment as their legal basis for secession from the federal government.

Trilateral Commission - A group of American, European and Asian business and political leaders that Patriots view as part of an international conspiracy of "elites" that seeks to establish the New World Order.

Yahweh - The name for God used by Identity followers. It is also used by others who are not extremists.

Yahshua - The name for Jesus used by Identity followers and others.

Z.O.G. - Zionist Occupational Government. Some Patriots have adopted this white supremacist term for the federal government. It signifies the view that Jews control the government.

Sources of Additional Information

The Southern Poverty Law Center claims to have the largest database on violent extremist groups in the country. For further information go to the www.splcenter.org and then click on Intelligence Project.

The Department of Energy's contract research organization, Oak Ridge Institute for Science and Education, in Oak Ridge, TN, prepared two major studies on right-wing extremism for DOE's Office of Security and Safeguards. They are Adjudicating Security Concerns Arising from Associations with Extremist Groups: Potential Constitutional Implications, ORISE 97-0411, and Right-Wing Extremism and Its Potential Effect on Government Security, ORISE 97-0589, both dated 1997.

Footnotes

1. Declassified section of 1993 study of 24 Americans arrested for espionage.

2. Retrieved September 14, 2005 from the Southern Poverty Law Center web site, www.splcenter.org

3. Lewis, J.E. (2005, May 18). Statement by John E. Lewis, Deputy Assistant Director, Counterterrorism Division, Federal Bureau of Investigation, before the Senate Committee on Environment and Public Works. Retrieved July 5, 2005, from www.fbi.gov/congress/congress05/lewis051805.htm. Also see Davis, A. M. (2006, February). Eleven defendants indicted on domestic terrorism charges. Homeland Security Report No. 158. Homeland Security Group.

4. MIPT Terrorism Knowledge Base. (n.d.). Group Profile: Army of God. Retrieved January 2006 from www.tkb.org/Group.jsp?groupID=28. Also, Gonnerman, J. (1998, Nov. 3-8). The terrorist campaign against abortion. The Village Voice. Retrieved January 2006 from www.villagevoice.com/news/9845,gonnerman,1077,1.html

5. Southern Poverty Law Center. (1995, June). Extremists go underground (p. 3). Klanwatch Intelligence Report, 78.

6. Halpern, T., Rosenberg, D., Suall, I., Cantor, D., Linzer, L., & Kaufman, R. (1995). Beyond the bombing: The militia menace grows. New York: Anti-Defamation League.

7. 18 U.S.C. § 231-233.

8. Southern Poverty Law Center. (1995, June). State lawsuits can shut down militias (p. 1). Klanwatch Intelligence Report, 78.

9. Southern Poverty Law Center. (1995, 1995). Prominent militia networks launch counter-intelligence campaign (p. 4). Klanwatch Intelligence Report, 80.

10. Heath, T., & Leslie, C. (1995, September 25). A law of their own: Extremists create do-it-yourself courts. Newsweek.

11. Rimer, S., & Bennet, J. (1995, April 24). Rejecting the authority of the U.S. Government. The New York Times, National Edition, p. B9.

12. Much of this glossary is quoted from Southern Poverty Law Center. (1996). False patriots: The threat of antigovernment extremists (pp. 69-70). Montgomery, AL: Author.