In El-Ganayni v. U.S. Department of Energy, (3d Cir., Jan. 11, 2010), the U.S. 3rd Circuit Court of Appeals upheld the revocation of the security clearance of a Muslim physicist, Abdel El-Ganayni, who worked for Bettis Laboratory on the Navy's nuclear propulsion program. El-Ganayni also served as an imam for the Pennsylvania Department of Corrections. His problems apparently began after he distributed to Muslim prisoners a book about Islam titled The Miracle in the Ant, which includes a passage about an ant that has a defense mechanism that allows spraying of deadly secretions on attackers. He also spoke at a mosque criticizing the FBI for recruiting Muslims as informants.
El-Ganayni sued claiming the revocation was motivated by speeches he gave criticizing the FBI, US foreign policy and the war in Iraq, and that he was being discriminated against based on his religion and national origin. The court dismissed the claims concluding that El-Ganayni could prove retaliation or discrimination only by showing the government's primary motivation for revoking his clearance. This however would involve the courts in deciding on the merits of a security clearance revocation-- a matter over which courts lack jurisdiction. The court also concluded that DOE followed the applicable regulations and executive orders in revoking El-Ganayni's security clearance.
