WAR AND NATIONAL DEFENSE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP10M01788R000400020002-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 22, 2016
• Document Release Date: October 15, 2012
• Sequence Number: 2
• Content Type: MISC

Declassified and Approved For Release 2012/10/15: CIA-RDP10M01788R000400020002-8
Declassified and Approved For Release 2012/10/15: CIA-RDP10M01788R000400020002-8
50 ? 403
Note 9
WAR AND NATIONAL DEFENSE Ch. 15
denied 83 S.( '-:t. 39,, 371 U.S. 821,
LF.d.2d 61.
10. -Judicial review
i isc arge of i38 F.2d 1375,.238 U.S.App.D.C: 229.
crete injury, whether actual or threat.: bilities under order and relating to
ened. Harrington v. Bush, 1977, 553 which plaintiffs had been or would tie
F.2d 190, 180 U.S.App.D.C. 45. "targeted" and what information on
12.: them had been developed, where such
Discovery and inspection quest was "fishing expedition" and
District court has latitude to control plaintiffs had failed to request reason-
any discovery process which may be in-, able, more limited discovery. United
stituted against Central. Intelligence :,.Presbyterian Church in U.S.A. v. Reagan,.
Agency for violation of constitutional D.C.D.C.1982, 557 F.Supp. 61, affirmed
rights in connection ,;th d- h
c
has engaged in foreign and do y quested Production of all docu
mestic at.. ments de-
congressman to seek declaratory judg-' 'their claims pursuantto broad "motion"
ment that Central Intelligence Agenc -,for production of documents whi
h
a test.,forhdetcrmining judicially cogniza- out as ,a note under section 401- of this
, ?,_ __
decision Pertaining to standing to sue as - leng
ed Executive Order No 12333 al
on urganizauon, journalists, academics, and
The "bears upon" language of Mitchell Politically active individuals who h
1 88, 108 S.Ct.2047, 486 U.S. 592, 100 19881.108 S:Ct. 2047, 100 L.Ed.2d 632, on
L.Ed.2d 632, on remand 859 F.2d 241. remand 859 F.2d 241.
.i 1: Persons entitled to' maintain a.c , I a, Congressman, 'religious and political
tl
_j
icial review of constitution- protection of its methods, sources,
al claims.'. Webster v. Doe, Dist.Col.: and mission.. Webster v. Doe, Dist.Col.
9
gence'Agency to terminate employee was nary needs of CIA for confidentiality
.
subicct t d' ' and
403-1. Intelligence Community Staff; appointment of Di
I o t e Intelligence Community Staff, his acceptance of such
appointment and his service. in such position shall in no way affect
pp men o a i
t
commissioned officer of the Armed Forces to the position of Di-
recto f h
(2) Except-as provided in subsection (1) the a oint
f
a co
sioned officer, any supervision, control, powers, or functions
(other than as authorized as Director of the Intelligence Com
munity Staff) with respect to any of the military or civilian
personnel thereof.
(B) shall not exercise, by reason of his status as
(A) shall not be subject to supervision, control, restriction, or!
prohibition by the Department of Defense or any componentC
thereof; and
(1) If a commissioned officer of the Armed Forces is appointed asl
Director of the Intelligence Community Staff, such
commissioned
.,FF;,.e.. ...La- --
individual employee so as to balance dis-
charged employees . need for access to
proof which would support color
bl
a
e
 Declassified and Approved For Release 2012/10/15: CIA-RDP1OM01788R000400020002-8
I
WAR AND NATIONAL DEFENSE Ch. Is
C.S. 821, 9 individual employee so as to balance dis.
'
ntrat ntelli-
nployee was
.onstitution-
,c, Dist.Col.
S. 592, 100
'9 F.2d 241.
ialntaln ac-
. of Mitchell
-ig to sue, as
illy cogniza-
?nal interest
propriations
ld not sup-
nited States
-atory judg-
oce Agency
omestic ac-
lry authori-
ion of con-
or threat-
1977, 553
charged employee
s need for access to
proof which would support colorable
constitutional claim against extraordi.
nary needs of CIA for confidentiality
and protection of its methods, sources,
and mission. Webster v. Doe, Dist.Col.
1988, 108 S.Ct. 2047, 100 L.Ed.2d 632, on
remand 859 F.2d 241.
Congressman, religious and political
organization, journalists, academics, and
politically active individuals, who chat.
lenged Executive Order No. 12333 set
out as a note under section 401 of this
titl
b
e esta
lishing framework for govern.
mental and military intelligence-gather-
ing functions. were not entitled a:_
their claims pursuant to broad "motion"
for production of documents, which re-
.quested production of all documents de-
scribing manner in which federal intelli.
gence agencies would carry out responsi.
bilities under order and relating to
which plaintiffs had been or would be
"targeted" and what information on
them had been developed, where such
n request was "fishing expedition" and
to control plaintiffs had failed to request reason-
may be in- able, more limited discovery. United
ntelligence Presbyterian Church in U
S
A
R
.
.
. v.
eagan,
?stitutional D.C.D.C.1982, 557 F.Supp. 61, affirmed
scharge of 738 F.2d 1375, 238 U.S.App.D.C. 229.
-)mmunity Staff; appointment of DI.
officer of the Armed Forces is appointed as
nce Community Staff, such commissioned
such position-
!bject to supervision, control, restriction, or
Department of Defense or any any component
-cise, by reason of.his status as a commis-
supervision, control, powers, or functions
prized as Director of the Intelligence Corn-
respect to any of the military or civilian
?d in subsection (1), the appointment of a
F the Armed Forces to the position of Di-
Community Staff, his acceptance of such
vice in such position shall in no way affect
294
Ch. 15 NATIONAL SECURITY - - 50 ? 403-1
his status, position, rank, or grade in the Armed Forces, or any
emolument, perquisite, right, privilege, or benefit incident to or
arising out of any such status, position, rank, or grade. Any such
commissioned officer, while serving in the position of Director of
the Intelligence Community Staff, shall continue to hold a rank and
grade not lower than that in which he was serving at the time of his
appointment to such, position and to receive the military pay and
allowances (including retired or retainer pay) payable to a commis-
sioned officer of his grade and length of service for which the
appropriate military department shall be reimbursed from any.
funds available to defray the expenses of the Intelligence Communi-
t%. Staff. In addition to any pay or allowance payable under the
preceding sentence, such commissioned officer shall be paid by the
Intelligence Community Staff, from funds available to defray the
expenses of,such staff, an annual compensation at a rate equal to
the excess of the rate of compensation payable for such position
over the annual rate of his military pay,(including retired and
retainer pay) and allowances. -
(3) Any commissioned officer to which subsection (1) applies,
during the period of his service as Director of the Intelligence
Community Staff, shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of such
officer authorized for the Armed Force of which he is a member,
except that only one commissioned officer of the Armed Forces
occupying the position of Director of Central Intelligence or Deputy
Director of Central Intelligence as provided for in section 403 of
this title or the position of Director of the Intelligence Community
Staff, under this section, shall be exempt from such numbers and
percentage at any one time.
(July 26, 1947, c. 343, Title I, ? 102a, as added Dec. 9, 1983, Pub.L. 98-215,
Title IV ? 403, 97 Stat. 1477).
American Digest System
Authority to create and staff executive departments, see United States' 30 to 33.
Powers of the executive in national emergency, see War and National Emergen-
cy X37.
Encyclopedias
Authority to create and staff executive departments, see CJS. United States
?? 31 to 33.
Powers of the .executive in national emergency, see C.J.S. War and National
Defense ? 45.
WESTLAW ELECTRONIC RESEARCH
United States cases: 393k[add key number].
War and national emergency cases: 402k[add key number].
See, also, WESTLAW guide following the Explanation pages of this volume.
295
Declassified and Approved For Release 2012/10/15: CIA-RDP10M01788R000400020002-8