Mike Thompson: “I may say in response, the issue is not jurisdiction of the court, whether you go to court. I agree with that. The issue…”

“I may say in response, the issue is not jurisdiction of the court, whether you go to court. I agree with that. The issue is what happens once you get there. Under the current law, all the President has to establish is as an agency it is primarily involved in national security. Under this amendment, the President would have to establish something similar to that, and, in addition, the primary purpose of most of the employees within that agency had changed. That is a factual determination that is a colossal headache. It is a hurdle. Again, you can say the President ought to have that additional hurdle at this time. But again I hardly see how one can make the argument this is not a change in existing law and we are opening up, not just one but at least two, avenues for Federal district court recommendations.”