Chapter 1 Introduction What are the issues of the day?
What is the Materiality Test?
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What is the Materiality Test?What does the judge have to evaluate to determine if the information is essential to the defense?In this case, is the information essential to the defense if the CIA did not have the authority to authorize the hijacking?Can the defendant claim detrimental reliance?What was the CIA's Authority in 1964?What does Executive Order 12,333 provide?Does this really tell us what the law is? How can the president create an exception to this executive order?Since Executive Order 12,333 was not signed in 1964, what do we need to know about it?What did the Church Committee find that supports defendant's theory?Even if the order was new policy, what else does the judge have to determine?NSC PrecedentWhy is Section 5 and NSC-4[/]A important in the court's analysis?How was this expanded in National Security Council Directive 5412-1?Did the CIA have to clear its actions with the Department of Justice?Was there evidence that the agency carried out activities that broke laws?What is the evidence that Congress did not care?Post-NixonHow did the Hughes-Ryan Amendment change this in 1974?What prompted this amendment?What did the court find about the authority of the CIA to authorize the hijacking?What of the claims by the administrative that if it had authorized it, that would have been illegal and that defendant cannot rely on the authorization?Defendant's BurdenWhat else does the court say the defendant must show to use this defense?What will he need to do that?How does this put the CIA in a bind?Judge Ryskamp tossed out the air piracy charge during a two-day hearing on whether the defendant's right to a speedy trial had been violated.The Cold WarThere was little review of CIA covert operations through the 1950s - why?What does a 1954 report about the CIA tell us the thinking in those days?What is the tension between accountability and secrecy for covert activities?ChileWhat was the CIA doing in Chile in 1970 and 1973?Why were did we care about Allende?Who came to power in 1973?Why was our relationship with him problematic?The Church Committee 1976What was the Church Committee most concerned with?What principles did it establish for covert activities?Must be exceptional, not routineMust be consistent with American principlesNo clandestine funding FOR bad guys who do bad things just because they are on our sideCongress has to decide on thatShould consider long term consequences of the actionsProcedural Limits on Covert ActionWhat procedural limits did it recommend?Everything is reported to the congressional oversight committee before it is doneUnexpected actions can only be funded from a fixed contingency fund, must be reported, and the fund will not be topped up until approved by the committeeHow did Ford and Carter defuse the pressure for congressional action?Statutory ChangesIs the proposed list of banned activities, page 393, realistic?Was Congress able to pass this list and get it signed into law?Intelligence Oversight Act of 1980Review this act - it was all the formal legislation that resulted from the Church CommitteeWhat are the duties?What are limitations of the Act?Does it require congressional permission for covert activities?What is the duty of the House and Senate?Which excuse for reporting to congress did this Act eliminate?Executive Orders implementing the Church Committee reportWhy did Ford and Carter want to do this by executive order rather than legislation?What was Executive Order No. 11,905Operations Advisory GroupWhat did Executive Order No. 12,036 do?Replaced OAG with Special Coordination CommitteeWhat does Executive Order 12,333 do?Review and ImplementationWhat was the criticism of the reviewing role of the NSC?What language did Regan leave out of Carter's definition of covert activity?Is this legally significant?What was the purpose of the intelligence oversight board (IOB) as constituted by Executive Order No. 12,334?What are the Underlying Events?Iran and IsraelIran and IraqLebanonNicaraguaIran and Israel - 1980What has just happened in Iran that has changed its long term policies?Why is Israel dealing with Iran?Where do the arms come from that Israel is providing to Iran?Did Congress intend this?Are there legal restrictions on this traffic?Iran and IraqWhat was our relationship with Iran before Shah fell?Which US official was friendly with Iraq?Were we already supporting the transfer of arms to Iran?Were we supplying arms to both sides at one point?LebanonWhat is riveting attention on Lebanon?Why is the US in Lebanon?What has been the history of Lebanon since Iran-Contra?Yüklə 0,76 Mb. Dostları ilə paylaş:
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