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Tag Archives: Central Intelligence Agency (CIA)

Lawfare’s Digest of Declassified Documents from CIA’s In-House Intelligence Journal

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Friday, October 3, 2014 at 3:15 PM

A few weeks back, in response to a FOIA request, the Central Intelligence Agency made public a trove of documents from Studies in Intelligence, the agency’s in-house intelligence publication. The FOIA-released materials have since been folded over into a larger compendium of declassified material—which Lawfare (in the persons of Taj Moore, Jodie Liu, Clara Spera, and Michael Knapp) has . . .
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Declassified Articles from the CIA’s In-House Intelligence Journal

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Thursday, September 18, 2014 at 12:41 PM

Via  Steve Aftergood, I learned that the CIA “has posted hundreds of declassified and unclassified articles from its in-house journal Studies in Intelligence.”  The articles are here.  I have just skimmed the articles—there appear to be several hundred—and I do not know which ones were previously classified and unavailable to the public.  But on the whole they . . .
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CIA, Drone Strikes, and Public Authority: Responding to Kevin Heller

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Tuesday, September 9, 2014 at 11:36 PM

Kevin Heller and I have been debating whether the CIA drone strike targeting Anwar al-Aulaqi violated 18 USC 1119, which makes it a felony to kill American citizens overseas (to be clear, our exchange has not extended to Due Process Clause questions or to international law questions such as whether that attack related to a . . .
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More on CIA Drone Strikes, Covert Action, TMA, and the Fifth Function

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Sunday, September 7, 2014 at 6:16 PM

Yesterday Kevin Heller and I exchanged views on the possible sources of domestic authorization for the CIA to conduct drone strikes. His two initial posts are here and here; my response is here; and the first part of Kevin’s reply (focused on whether the drone strike program counts as covert action given the traditional military . . .
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CIA Drone Strikes and the Public Authority Justification

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Saturday, September 6, 2014 at 4:01 PM

In a pair of posts (here and here), Kevin Heller at Opinio Juris explores a very interesting question: What exactly is the domestic legal foundation for the CIA’s use of lethal force given that the 2001 AUMF refers explicitly to US armed forces only? As he points out, the question matters especially in connection with . . .
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On the CIA Inspector General’s Findings

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Friday, August 1, 2014 at 7:12 AM

I have largely refrained, until now, from wading into the dispute between the Senate Intelligence Committee and the CIA over the mutual hacking allegations, on the theory that the facts were all contested and I couldn’t make heads or tails of what had really happened. That changed yesterday with the release of a summary of . . .
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The Administration Needs a Confirmed Legal Adviser

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Monday, July 28, 2014 at 10:25 AM

Six months ago today, I wondered aloud on this blog when President Obama might nominate a new Legal Adviser.   At that point, the position had been vacant for over a year since Harold Koh stepped down in January 2013.  The Administration has now been without a Legal Adviser and the Legal Adviser’s office has been . . .
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More Machinations in Second Circuit Targeted Killing FOIA Litigation

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Thursday, July 24, 2014 at 2:02 PM

The release last month of the Al-Aulaqi Office of Legal Counsel memo, it turns out, was not the end of the Second Circuit litigation regarding the New York Times and ACLU’s FOIA requests for information on the government’s targeted killing programs. A petition for rehearing en banc is still pending. And yesterday, the Justice Department, the Pentagon, and . . .
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The CIA Joins Twitter

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Friday, June 6, 2014 at 10:01 PM

And it’s first tweet is, well, pretty amusing: We can neither confirm nor deny that this is our first tweet. — CIA (@CIA) June 6, 2014

Drone Strikes and the CIA vs JSOC Quality-Control Comparison

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Monday, May 12, 2014 at 10:15 AM

For those who are still wondering why the Obama administration has not followed through on the idea of shifting all responsibility for drone strikes from CIA to JSOC, this story from Ken Dilanian of the L.A. Times provides some useful context. Building on an account about a CIA-JSOC disagreement regarding the sufficiency of the intelligence . . .
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Text of Senator Feinstein’s Remarks This Morning Regarding SSCI and CIA

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Tuesday, March 11, 2014 at 11:28 AM

You can find the Senator’s statement here.  Her speech began as follows: Over the past week, there have been numerous press articles written about the Intelligence Committee’s oversight review of the Detention and Interrogation Program of the CIA, specifically press attention has focused on the CIA’s intrusion and search of the Senate Select Committee’s computers . . .
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Senator Feinstein’s Remarks on the CIA-SSCI Document Controversy

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Tuesday, March 11, 2014 at 9:39 AM

Right now, Senator Dianne Feinstein, the Senate Intelligence Committee’s Chairman, is speaking out, on the Senate floor, about a well-publicized dispute between the CIA and the SSCI—regarding the latter’s review of documents pertaining to the CIA’s interrogation practices in the years following 9/11, and the CIA’s auditing of Committee staffers’ computer use during the review. . . .
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Cole and Lederman, and Morell, on Review Group Report

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Monday, December 23, 2013 at 4:39 PM

Marty Lederman has a good summary of the highlights of the President’s Review Group on Intelligence and Communications Technologies at Just Security.  And he and David Cole have a lengthy post on what they say is a neglected issue in coverage of the Report: The issue of the proper use by the government of meta-data, as opposed . . .
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Krass on Numerous National Security Law Issues

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Tuesday, December 17, 2013 at 8:06 PM

Caroline Krass had her confirmation hearings today before SSCI to become General Counsel of CIA.  Krass is, in my opinion, wildly qualified for the job, and I hope her confirmation process goes smoothly despite unrelated SSCI-CIA disagreements over the release of SSCI’s critical report on the Bush-era interrogation program.  Of special interest to foreign relations . . .
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Dirty Wars: The World is a Battlefield

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Sunday, November 3, 2013 at 9:04 PM

Dirty Wars: The World is a Battlefield by Jeremy Scahill—the activist-turned journalist previously known for his exposé of the military contractor formerly known as Blackwater—is a bad book. But it’s a bad book with a significantly redeeming feature. Scahill’s project is to depict the “dark side” of what he considers to be America’s unrestrained pursuit of security . . .
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CIA Files Reply Memo in Drone FOIA Case

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Saturday, November 2, 2013 at 9:07 PM

The CIA’s efforts to deny the ACLU’s FOIA requests for records about the Agency’s involvement in drone-based targeted killings continue apace in the U.S. District Court for the District of Columbia. The Agency filed a reply memorandum in favor of summary judgment  on the matter in D.D.C. on November 1. Lawfare readers may recall the March . . .
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On The Timing of a Trial in the 9/11 Case

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Monday, October 28, 2013 at 2:56 PM

We’re a long ways way off from a trial in United States v. Mohammed et. al.   That’s the essence of my Security States piece, which went up today.  It begins: So when will the 9/11 case go to trial, anyway? I have observed the Guantanamo proceedings for a while now, and hear the question a lot—from supporters and critics . . .
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10/25 Motions Session #4: Photos and 802 Conferences

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Friday, October 25, 2013 at 1:04 PM

Many different motions get batted around during the pre-lunch period, but only two take up substantial argument time.  (The remainder—among other things, AE120, regarding the prosecution’s proposed changes to the charge sheet, and a discovery motion regarding the interactions of the government with the makers of Zero Dark Thirty—are either deferred until December, or will . . .
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Fourth Circuit: No Rehearing En Banc in U.S. v. Sterling

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Tuesday, October 15, 2013 at 6:58 PM

Here’s the Fourth Circuit’s order denying two petitions for rehearing en banc—-one by New York Times reporter James Risen, the other by former CIA Officer Jeffrey Sterling.    This past summer, a panel held, in a 2-1 vote, that the journalist had no First Amendment privilege enabling him to refuse to testify in the leak prosecution against Sterling. . . .
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National Security, the Shutdown, and Moral Seriousness

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Sunday, October 6, 2013 at 9:00 PM

Imagine if the Democrats in 2007, having just regained control of the Congress, had decided to go to the mat against the Bush tax cuts. Imagine that they voted repeatedly to repeal them. They tried to delay implementation. They linked repeal to debt ceiling legislation. And while most of them knew better than to shut . . .
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