Executive Order 10450

 

In order to instruct investigating federal officials such as the FBI as to what is a violation of the oath of office under 5 U.S.C. 3331 and 5 U.S.C. 7311, Executive Order 10450 was issued to serve as a guideline for determining what actions constituted a criminal violation of the oath of office by federal officials. The order affirms thelaw of 5 U.S.C. 7311 that is a criminal violation under 18 U.S.C. 1918 for a member of the government, which includes members of Congress, to “advocate the overthrow of our constitutional form of government.”

 

Executive Order 10450 states (in part): “Whereas the interest of the national security require that all persons privileged to be employed in…the Government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States… it is hereby ordered as follows:

(a) The investigations conducted pursuant to this order shall be designed to develop information as to whether the employment or retention in employment…of the person being investigated is clearly consistent with the interests of the national security. Such information shall relate, but shall not be limited, to the following:

(4) Advocacy of use of force or violence to overthrow the government of the United States, or of the alteration of the form of the government of the United States by unconstitutional means.”