[Download] "United States v. Smith" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Smith
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 04, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
MERRITT, Chief Judge. The United States appeals the denial of a proposed protective order under a government secrecy statute known as the Classified Information Procedures Act, 18 U.S.C. app. IV (1988),1 an enabling statute delegating to the Chief Justice authority to issue regulations governing the security clearance of judicial employees in cases in which classified information is admitted. Section 4 of the regulations issued by the Chief Justice provides that ""any problem of security involving court personnel or persons acting for the court shall be referred to the court for appropriate action."" The issue presented on appeal is whether various police and intelligence agencies of the Executive Branch may, in accordance with their standard security clearance procedures, investigate Judicial Branch employees whom the court has designated to work on a criminal proceeding involving classified information. In light of the provision of section 4 in which the Judicial Branch retains authority to resolve ""any problems of security"" arising from the administration of the system of security clearances, we hold that such investigations do not violate the principle of separation of powers. We therefore reverse the decision below.