Dr. Moniem El-Ganayni doesn't know if he lost his national security clearance as a nuclear scientist because he's Muslim, because he spoke out against the FBI's raid on local mosques or if the government truly had some real concerns about him.

If nothing else, his attorney argued yesterday to a three-judge panel from the 3rd U.S. Circuit Court of Appeals, his client at least has the right to get some answers.

"He wants a hearing," said Keith Whitson, who argued for Dr. El-Ganayni. "He wants to know why."

The Egyptian-born scientist, who worked at the Bettis Laboratory in West Mifflin on advanced naval nuclear propulsion technology, had his security clearance suspended in October 2007. It was later fully revoked.

At the time, Dr. El-Ganayni asked for an administrative officer from the Department of Energy to conduct a hearing on the matter, but he was refused on unspecified grounds of "national security."

But Mr. Whitson argued to 3rd U.S. Circuit Judges D. Brooks Smith, D. Michael Fisher and Senior Judge Walter K. Stapleton that the DOE regulations do not allow the secretary of the department to override those procedures.

"An executive cannot by itself decide what's reviewable and what's not," he said after the argument.

A hearing officer would have security clearance, as well as enough discretion to determine what matter is relevant and what should be protected, Mr. Whitson told the court.

He argued that the government's assertion of, "Trust us, if we say 'national security, you have to take our word for it,'" is not a fair interpretation of due process. Further, he wants to ensure that Dr. El-Ganayni, who worked for Bettis for 18 years, didn't lose his security clearance for some reason that would be constitutionally protected -- like his religion or nationality.

U.S. District Judge Terrence F. McVerry threw out Dr. El-Ganayni's federal court claim last fall, saying that he didn't have jurisdiction over the issue.

Beth Brinkman, who argued on behalf of the Department of Energy, argued that the courts must give deference to agency regulations. But more than that, the secretary of the Department of Energy acted well within his position to cite "national security" for the revocation.

That power was granted through executive orders issued by former Presidents Dwight D. Eisenhower and Bill Clinton.

Further, Ms. Brinkman told the court that there is no constitutional protection that guarantees a person a security clearance.

"It's a unique, discretionary decision that provides access to nuclear warships."

As a result of the decision, Dr. El-Ganayni has returned to Egypt but continues to try to clear his name.

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