The Director's choice to release a CIA worker following § 102(c) of the NSA is judicially reviewable under the APA because the national security was not truly involved because the sexuality of the plaintiff has nothing to do with his performance at work. He was largely investigated and questioned by a polygraph officer concerning his homosexuality and possible security infractions, but they did not find any reason to believe that he was having any intimate relationships with any people outside the country. He accurately answers all the questions under a polygraph regarding probable security violations after admitting his sexual preference.
The first thing to consider in the case is whether the plaintiff's sexual orientation is relevant
The first thing to consider in the case is whether the plaintiff's sexual orientation is relevant