Reading Room Document
Richard Helms' Eligibility Under 5 U.S.C. § 8314 to Receive an Annuity or Retired Pay
The document is a memorandum opinion regarding Richard Helms' eligibility to receive an annuity or retired pay under 5 U.S.C. § 8314. The conclusion reached in the document is that Helms will not be barred from receiving an annuity or retired pay based on his plea of nolo contendere to two counts of violating 2 U.S.C. §192 in connection with appearances before the Senate Foreign Relations Committee. The document presents questions for review regarding the interpretation of the eligibility criteria under 5 U.S.C. § 8314, specifically whether the refusal to testify at the committee hearings relates to loyalty or poses a serious threat to national security. The document also discusses the legislative history of the section and the narrow construction of penal statutes.
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