Administrative Law Keyed to Lawson
Webster v. Doe
Respondent was an exemplary employee of the CIA for several years, and was promoted from a clerk-typist to a covert electronics technician. He voluntarily told the CIA that he was homosexual, and was almost immediately placed on paid administrative leave. The Director later terminated his employment, finding him to be a security threat. Respondent filed an action in District Court, and Petitioner moved to dismiss on the ground that Section:102(c) precluded judicial review of the Director’s determination. Section:102(c) of the Act provided: “The Director of Central Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States.” The District Court concluded that the APA provided judicial review under the Act, and that Respondent was unlawfully discharged because the CIA had not followed its own procedures described in its own regulations. A divided panel of the Court of Appeals determined that judicial review was not precluded.
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