Covert Action: Legal Framework

Latest in Covert Action: Legal Framework

NDAA

Oversight of DOD Kill-Capture Missions Outside Theaters of Major Hostilities: What May Change Under the Next NDAA?

Despite the substantial overlap between counterterrorism activities undertaken by the CIA and JSOC, we tend to pay a lot more attention to the details of the congressional oversight framework for the former as compared to the latter.  The NDAA often addresses CT oversight relating to DOD activities, however, and this year is no exception. What follows below is an attempt to provide a user-friendly guide to the proposals on the table.

 

I. Increasing the pace of quarterly operational briefings regarding CT:

Cyber Threat Intelligence Integration Center (CTIIC)

No CTIIC Meddling Please: Excerpts from White House Veto Threat

Back on June 15, the White House issued a SAP (statement of administration policy) spelling out objections to H.R. 2596, the Intelligence Authorization Act for FY'16.  The SAP concludes that the President will veto the bill if presented as-is.  I thought it worthwhile to highlight the White House objections to those same provisions.

Covert Action: Legal Framework

The Legal Basis for the Mughniyah Killing

The Washington Post and Newsweek report that the CIA in 2008 worked with Israel’s Mossad to kill Imad Mughniyah, Hezbollah’s operations chief, in Damascus, Syria.  The Post says that Mughniyah “had been implicated in the killing of hundreds of Americans, stretching back to the embassy bombing in Beirut [in 1983] that killed 63 people, in

Targeted Killing: Drones

Is JSOC About to Become More Transparent on Drone Strikes?

One frequently sees the claim that CIA drone operations should be handed over to the military because the military is more transparent. I have frequently disparaged that argument, not because the CIA is in fact transparent but rather because direct action undertaken by JSOC isn’t transparent either. But might that change soon?

Secrecy: FOIA

NYU School of Law Event: "'The Snowden Operation': A Victory for Privacy Rights or for Russia?"

 

NYU School of Law hosted a debate yesterday between Edward Lucas, Senior Editor of The Economist and author of The Snowden Operation: Inside the West’s Greatest Intelligence Disaster---which Ben reviewed last month---and Stephen Holmes, Professor at NYU Law. The event was moderated by Ryan Goodman, also of NYU Law.

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