The Galveston Daily News from Galveston, Texas on October 13, 1993 · Page 5
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The Galveston Daily News from Galveston, Texas · Page 5

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Galveston, Texas
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Wednesday, October 13, 1993
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Page 5
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'•' mm Washington Report WEDNESDAY MORNING, OCTOBER 13,1993 THE GALVESTON DAILY NEWS 5-A Court rejects appeal of gay CIA employee Associated Press WASHINGTON -A CIA employee fifed for hiding his homosexuality from the agency for more S five years lost an appeal to the Supreme Court TuS day. * f™ *? hear his J° b - biaa argument that the CIA improperly views homosexual employees as a greater security risk than heterosexuals A lower court ruling j n the case leaves federal executive agencies free to discriminate against gay employees, the appeal had argued. The man identified in court papers as John Doe has been on paid administrative leave since 1985, when a federal judge ruled that his dismissal had been improper. CIA spokesman David French said the agency now will consider seeking reimbursement of Doe's pay and benefits. * J Doe joined the agency as a clerk-typist in 1973 and was promoted to an undercover position in 1980. He began engaging in homosexual activity in 1976 and voluntarily told a CIA official in January 1982 that he was a homosexual, his appeal said. Doe was placed on administrative leave the following month, and was fired that May. He sued the agency, saying his firing denied him equal protection and due process. Doe said he could not be blackmailed about his homosexuality because his family and friends knew he was gay. The CIA said it fired Doe because he intentionally OTHER CASES In other action Tuesday, the Supreme Court:, * Let stand the conviction of New Hampshire school instructor Pamela Smart, serving a life prison term fqr,coaxing her student lover to kill her husband in 1990. «Agreed to use a Maryland case to consider giving convicted criminals an earlier chance to challenge career-offender sentences based partly on their prior convictions, t * Agreed to clarify the deadline for giving people cnarged with federal crimes their initial day in court. The case involves a California man accused of possessing counterfeit money, Smart Freeh begins FBI shakeup hid his homosexual activity for more than five years although he knew it was a security concern. His refusal to name his sex partners might make him susceptible to threats to expose their identities, the CIA contended. A federal judge decided that Doe was fired improperly. The U.S. Court of Appeals for the District of Columbia Circuit reversed, saying there is no evidence the CIA has a blanket policy against employing homosexuals. Doe was fired because of the security concerns raised by his specific conduct, the appeals court said. Associated Press WASHINGTON — Just six weeks after becoming FBI director, Louifi J. Freeh on Tuesday announced a reorganization that eliminates two associate deputy directors and four dozen other management posts. Freeh announced he was abolishing the posts of Weldon Kennedy, associate deputy director for administration, and W. Douglas Gow, the associate deputy director for investigations. "The changes are not based on lack of confidence in those holding these positions," Freeh said in a statement. "All have given many years of devoted service to the FBI and will be offered other posts in the bureau. No one will be dis- charged." But now new assignments were announced Tuesday for Kennedy and Gow or the other officials who will lose their titles. Gow is already serving past the mandatory retirement age of 57, said FBI spokesman Charles Mandigo, but Kennedy is not. Such information may be revealed at a news conference scheduled for today at the FBI, where Freeh was expected to announce wholesale changes in assignments, particularly at the crucial level of assistant director. One FBI official said he expected about 50 percent of those assignments to change. Under the reorganization, the assistant directors who head indi- vidual divisions and the New York City field office will report directly to Freeh and Deputy Director Floyd I. Clarke. In addition, a new assistant directorship will be created for the head of the Washington Metropolitan field office, in recognition of that office's importance in anti- crime and foreign counterintelligence work Most field offices are led by a special agent. Meanwhile, the bureau will eliminate all the assistant section chief positions and the special assistant posts that are below the deputy director's office, as well as the No. 2 job in the New York City field office. Freeh said the changes would improve productivity and save money. Pentagon will appeal homosexual order Associated Press WASHINGTON — The Pentagon will ask the Supreme Court to delay enforcement of a federal court order that banned discrimination against gays in the military, a spokeswoman said Tuesday. *We will seek extraordinary relief from the Supreme Court," Kathleen deLaski told reporters at a Pentagon briefing. In the meantime, the Pentagon has instructed units to suspend its ban on homosexuals in the military while it pursues the case, she said. The 9th U.S. Circuit Court of Appeals last Friday left in place an order issued Sept. 30 by U.S. District Judge Terry Hatter Jr. of Los Angeles banning discrimination against gays in the military. A three-judge panel of the 9th Circuit court unanimously denied the Defense Department's emergency request to suspend or immediately overturn Hatter's decision. On Oct. 1, Assistant Secretary of Defense Edwin Dorn issued a memorandum saying that, "No administrative action will be taken based solely on a service member's homosexual orientation or statements of homosexuality." By taking that position, the department is acknowledging its well- established obligation to follow a judge's nationwide injunction, said John McGuire, the attorney for a gay sailor whose lawsuit led to the ruling. In asking the court to suspend Hatter's ruling, Justice Department lawyers said it would "seriously interfere with management of day- to-day military affairs." The appeals court's order did not comment on the merits of the case. But McGuire said the order "demonstrates a certain degree of confidence by the appeals court in Judge Hatter's finding." The decision was issued by Circuit Judges Otto Skopil, David Thompson and Pamela Bymer. The same panel is scheduled to hear the administration's appeal of Hatter's ruling in December. The Pentagon delayed implementation of President Clinton's "don't ask, don't tell, don't pursue" policy on Oct. 1 while it awaited congressional action on the issue and dealt with the court challenges. The Defense Department said that for the time being the interim policy that Clinton ordered in January would continue. Car Shops, Inc. 's Car Specials/ Very Complete' Oil & Lube & Filter rake pec/a/ includes parts and labor r A/C SPECIAL Car Shops offers a full line of services including: front end work, front wheel drive, tune ups, minor engine repair, computer diagnostics, exhaust repairs, complete line of original equipment. 6002 Stewart Rd • 740-2767 • Mon.-Fri. 8-6 Pharmacy 3828 Ave M, Qalveston • 765-9476 Christobelle (Chris) La Blanc R. Ph. Gregory Porter R. 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