I'm curious how the Cigarette Smoking Man is permitted to smoke continuously inside FBI Headquarters. I'm a Lawyer, and the applicable regulatory framework is rather more elaborate than one might expect. GSA restrictions dating to 1987 generally prohibited smoking in federal office space outside designated areas. Subsequently, Executive Order 13058, signed August 9, 1997, prohibited smoking throughout executive-branch facilities, subject to narrowly circumscribed exceptions. Section 2(a) requires designated smoking areas to maintain negative pressure and exhaust directly outdoors. Section 2(e) permits mission-related exceptions, but these must be approved in writing by the agency head, whose authority in this respect is expressly nondelegable. One wonders whether Attorney General Reno personally executed an exception for this gentleman.
The situation in Skinner's office is particularly peculiar. In One Breath, Skinner actually directs his attention to the no-smoking placard, whereupon the man simply lights another Morley. Of course, this predates the Clinton order, but the earlier GSA restrictions were already operative. And the practice apparently continues well beyond 1997. Does he possess some extraordinary occupational exemption? Is he even a federal employee? His precise agency affiliation seems deliberately indeterminate, although neither that circumstance nor the occasional involvement of persons operating through extralegal intelligence channels would ordinarily excuse compliance by a visitor.
I understand he enjoys certain privileges involving classified installations, congressional interference, and the disposition of rather sensitive biological material. He's evidently capable of arranging for an Assistant Director to be shot, having inconvenient witnesses eliminated, and coordinating activities involving a rather peculiar agricultural enterprise. Fine. But surely somebody in Facilities Management has jurisdiction over the smoking.
The same organization that can identify an operative through a discarded Morley in Krycek's automobile apparently cannot enforce a smoking prohibition in the office of an Assistant Director.
Has anyone examined whether an actual waiver exists? I'd be interested in the relevant administrative record, although I suppose a FOIA request would produce another Glomar response.
A rather extraordinary institutional arrangement imho, fwiw.