B-126663, SEP 12, 1969
Highlights
HOLDING THAT THE STATUTE (5 U.S.C. 7311(1) AND (2) ON WHICH THE AFFIDAVIT AS TO SUBVERSIVE ACTIVITY AND AFFILIATION (DESIGNATED AS AFFIDAVIT B ON STANDARD FORM 61) IS BASED IS UNCONSTITUTIONAL. WHICH DECISION WE UNDERSTAND WILL NOT BE APPEALED BY THE DEPARTMENT OF JUSTICE. WE HAVE NO OBJECTION TO THE CONTINUATION IN ITS PRESENT FORM OF THE AFFIDAVIT AS TO STRIKING AGAINST THE FEDERAL GOVERNMENT (PRESENTLY DESIGNATED AS AFFIDAVIT C ON STANDARD FORM 61) PENDING THE DECISION BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE CASE OF NATIONAL ASSOCIATION OF LETTER CARRIERS V.
B-126663, SEP 12, 1969
PRECIS-UNAVAILABLE
TO MR. CHAIRMAN:
WE REFER TO YOUR LETTER OF AUGUST 26, 1969, WITH ENCLOSURES, SUBMITTING FOR OUR CONSIDERATION AND APPROVAL A PROPOSED FEDERAL PERSONNEL MANUAL LETTER RELATING TO AFFIDAVITS TO BE SIGNED BY APPOINTEES TO GOVERNMENT POSITIONS.
IN LINE WITH THE DECISION OF THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE CASE OF STEWART V. WASHINGTON, CIVIL ACTION NO. 202-69, DECIDED JUNE 4, 1969, HOLDING THAT THE STATUTE (5 U.S.C. 7311(1) AND (2) ON WHICH THE AFFIDAVIT AS TO SUBVERSIVE ACTIVITY AND AFFILIATION (DESIGNATED AS AFFIDAVIT B ON STANDARD FORM 61) IS BASED IS UNCONSTITUTIONAL, WHICH DECISION WE UNDERSTAND WILL NOT BE APPEALED BY THE DEPARTMENT OF JUSTICE, OUR OFFICE OFFERS NO OBJECTION TO THE DISCONTINUANCE OF THE SAID AFFIDAVIT B ON STANDARD FORM 61 AS PROVIDED FOR IN THE PROPOSED FPM LETTER.
ALSO, WE HAVE NO OBJECTION TO THE CONTINUATION IN ITS PRESENT FORM OF THE AFFIDAVIT AS TO STRIKING AGAINST THE FEDERAL GOVERNMENT (PRESENTLY DESIGNATED AS AFFIDAVIT C ON STANDARD FORM 61) PENDING THE DECISION BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE CASE OF NATIONAL ASSOCIATION OF LETTER CARRIERS V. BLOUNT, CIVIL ACTION NO. 1843- 69, AND THE CONCLUSION OF ANY APPEAL PROCEDURES THAT MAY BE TAKEN IN SUCH CASE.
WE SUGGEST THAT PRIOR TO ISSUANCE OF THE PROPOSED FPM LETTER, YOU MAY WISH TO DISCUSS THE MATTER WITH THE SUBCOMMITTEE ON INTERNAL SECURITY OF THE SENATE COMMITTEE ON THE JUDICIARY AND WITH THE HOUSE COMMITTEE ON INTERNAL SECURITY.