Clark Clifford, Secretary of Defense v. Dexter C. Shoultz

Lockheed Missiles and Space Company employed Shoultz, in 1960, to perform work requiring a “Secret” security clearance. His duties, since 1966, involved computer programming. In June of 1966, Lockheed requested him to participate in an interview concerning his security clearance. He refused. Subsequently, the Screening Board of the Office of the Assistant Secretary of Defense (Administration) informed Shoultz that it possessed new information which might affect his continued eligibility for a security clearance and that a personal interview would assist the Board in the performance of its responsibility to determine whether his continued access to secret information was consistent with the national interest. The Board advised Shoultz’s counsel that Shoultz would be asked “questions relating to matters germane to his eligibility for a clearance” and that “[i]n particular, the Board desires that he be questioned in order to determine the extent of his participation in Cuban affairs.” The Board also announced that Shoultz would be allowed to make a statement in his own behalf, to be represented by counsel, and to refuse to answer any questions on constitutional or other grounds. The…