Robert S. McNamara Secretary of Defense, Walter T. Skallerup, Jr., Deputy Assistant Secretary of Defense v. Joseph J. Remenyi

This cause involves the attempt of Joseph J. Remenyi, an American citizen, to obtain clearance for access to information classified as “secret” in accordance with Executive Order 10501, 18 Fed.Reg. 7049. He was an employee at the Rocket-dyne Division of North American Aviation, Inc., at Canoga Park, California, and had clearance at the “confidential” level, which he needed in order to continue such employment. However, Remenyi desired the higher “secret” clearance which would presumably have enabled him to enlarge his scope of employment at the Rocketdyne plant. The need for such clearance is an outgrowth of the Industrial Personal Security Program administered by the Department of Defense (Department). This program is administered pursuant to the provisions of Executive Order 10865, 25 Fed.Reg. 1583 and, at the times here in question, Department Directive 5220.6 entitled “Industrial Personnel Access Authorization Review Regulation,” dated July 28, 1960.

After processing Remenyi’s application, the Department, on November 12, 1963, notified him and his employer that any authorization Remenyi possessed for access to classified 'information was suspended. The notice stated that the…