Reading Room Document

Whether an individual who is a member of the National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance is eligible to the appointed to the position of Judge of the United States Court of Military Appe

In this memo, the OLC advised that a judge on the court of military appeals was not an officer in the executive branch as the judges on the court did not serve at the president’s pleasure, even though the military appeals courts were established under Article I (rather than Article III) of the Constitution. For that reason, the OLC concluded that an appointment to that bench did not vacate the judge’s membership on the national commission for the review of federal and state laws relating to wiretapping and electronic surveillance.

June 6, 1974