The NSA act allowed the director of the CIA discretion to terminate in the interests of the U.S. under 50 U.S.C. section 403(s). The CIA dismissed P from the CIA because he was a homosexual. P claimed that such a dismissal exceeded the director's statutory authority and was an abuse of discretion and a violation of the Constitution as well as depriving him of constitutionally protected liberty, property, and privacy.

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