'OFFICER OF THE UNITED STATES', DEFINED

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000200270012-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 9, 2016
• Document Release Date: December 29, 2000
• Sequence Number: 12
• Content Type: MF

Approved For R a:daA88RE)tlEWED:00882R000200270012-5
MEMORANDUM FOR THE FILES
Subject: "Officer of the United States"; defined
1. The Constitution of the United States, Article 2, Section 2
provides that the President, by and with the advice and consent of the
Senate, shall appoint ambassadors, other public ministers and consuls,
judges of the Supreme Court, and all other officers of the United States
whose appointments are not therein otherwise provided for and which
shall be stablished by law, but that Congress may by law vest the
appointment of such inferior officers in the President alone, in the
courts of law, or in the heads of departments.
2. An individual in the service of the United States who has not
been appointed in one of the modes prescribed in Article 2 of the
Constitution may not be deemed to be an officer of the United States.
(a)
Burn p v. U.S.
252 U.S. 512: 64 L.E. 692
(1920)
(b)
U.S. V. Mouat
124 U.S. 303: 31 L.E. 463
(1888)
(c)
U.S. v. Germaine
99 U.S. 508; 25 L.E. 432 (1879)
(d)
U.S. v. Hartwell
73 U.S. 390; 18 L.E. 830 (1868)
(e)
Cain v. U.S.
73 F. Supp 1019 (1947)
(f)
Hoeppel v. U.S.
85 F. 2d 237 (1936)
(g)
Scully V. U.S.
193 Fed. 185 (1910)
(h)
Martin v. U.S.
168 Fed. 198 (1909)
(i)
U.S. v. Schlierholz
137 Fed. 616 (1905)
Approved For Release 2001/08/27 : CIA-RDP59-00882R000200270012-5