CARLUCCI – Appellant
Versus
DOE, (1988) – Respondent
After respondent, a cryptographic material control technician at the National Security Agency (NSA), disclosed to NSA officials that he had engaged in homosexual relationships with foreign nationals, his employment was terminated pursuant to NSA personnel regulations setting forth procedures for removal "for cause," which were promulgated under provisions of the National Security Agency Act of 1959 (1959 NSA Act) empowering the Secretary of Defense, or his designee, to appoint NSA employees. Claiming that the 1959 NSA Act does not authorize removals and that he could only be discharged under 5 U.S.C. 7532 - which provides that, "[n]otwithstanding other statutes," the head of an agency "may" suspend and then remove employees "in the interests of national security," so long as they have been given, inter alia, a preremoval hearing by the agency head or his designee - respondent requested a hearing before the Secretary. That request was denied on the ground that respondent had been removed under the NSA regulations, which do not include the right to such
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