Appointments, Confirmations & Budgets

Krass on Numerous National Security Law Issues

By Jack Goldsmith
Tuesday, December 17, 2013, 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 law and national security law nerds are Krass’s answers to “additional prehearing questions” by SSCI.  Krass has some good thoughts on the “counselor’s role” of the CIA General Counsel on pp. 2-4; an interesting discussion of legal aspects of covert action and Title 10 v. 50 issues on pp. 5- 7 (including a discussion of why the covert action statute does not bar covert actions that violate customary international law or non-self-executing treaties); an informed discussion of the relationship between CIA/GC and the Office of Legal Counsel on pp. 8-9;  a discussion of the CIA General Counsel’s duty to keep SSCI informed of the legal basis of CIA actions (as well as a brief defense of why OLC opinions are not regularly disclosed to SSCI) on pp. 9-11; and various answers on transparency, leaks, EO 12,333, and congressional oversight on 12-16.