Chapter 1 Introduction What are the issues of the day?
The Intelligence Reform and Terrorism Prevention Act of 2004 and the CIA
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The Intelligence Reform and Terrorism Prevention Act of 2004 and the CIAWhat does the definition of intelligence related to national security seem to do to the CIA's right to operate in the US?How did Congress limit this?What type of intelligence did this apply to?What is the CIA free to do in the US under the law?How is this consistent with abolishing the foreign/domestic distinction?The Director of National Intelligence and Internal SecurityIs there any foreign/domestic limitation on the DNI?Why not?Why was this a priority for the 9/11 Commission?Does it matter if the constituent agencies have limits if the DNI does not?COINTELPROWho did COINTELPRO operations target?Was this just intelligence gathering?What sort of covert actions were carried out?What were the long term goals of the operation against Black Nationalists?Why was the FBI worried about the New Left?What actions were recommended against the New Left? (p441)This is one of the reasons behind academic hostility to the intelligence services and distrust of the government.The FBI Enabling ActThe FBI operates on the basis of the Attorney General’s authority in 28 U.S.C. §533 (2000 & Supp. III 2003) to appoint officials:(1) to detect and prosecute crimes against the United States;(2) to assist in the protection of the person of the President; and . . .(4) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General.Hobson v. Wilson, 737 F.2d 1, 10 (D.C. Cir. 1984)What was the result in Hobson v. Wilson, 737 F.2d 1, 10 (D.C. Cir. 1984)?the plaintiffs prevailed against the FBI. The Court of Appeals stated, ‘‘Government action taken with the intent to disrupt or destroy lawful organizations, or to deter membership in those groups, is absolutely unconstitutional.’’Why was the result different from Halkin v. Helms?Would this rationale still be good today?MI5Should the US have an MI5 type agency that focuses on intelligence, leaving crime fighting to the FBI?What are the advantages of this?What are the disadvantages?The NSAWhat is the NSA and what intelligence does it process?Does the NSA act on the intelligence it gathers?Should you worry about the NSA combing through all of your communications and electronic transactions?Does it matter if you are on a watch list?How could that change?What if the congressional committee finds out?What are the issues of the NSA doing economic espionage to benefit US companies?Covert Businesses for Intelligence GatheringHow is this different from using real private businesses to carry out intelligence operations?What are the constitutional issues with front organization in the US? (4th amendment)How do private businesses get around that?What is the problem with using UN aid organizations to support private armies?What about owning media and paying for propaganda?What if reporters do not know they are working for a CIA front?Harbury v. Deutch, 233 F3d 596 (2002)Who killed plaintiff's husband?What was the US involvement?The Bivens ClaimsWhy use Bivens?What were the Biven's claims based on?(1) by contributing to Bamaca’s torture, CIA defendants violated his Fifth Amendment substantive due process rights;(2) by participating in and concealing information about Bamaca’s torture and murder, all defendants violated Harbury’s constitutional right to familial association; and(3) by concealing information and misleading her about her husband’s fate, NSC and State Department defendants violated her right of access to courts.What is the Legal Situs of the Claims?What does United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) tell us about the claims of foreign nationals for actions that happen outside the US?What claims does she have that concerned her own damages based on US conduct?What is the problem with her bringing FTCA claims based on what happened?Dealing with Dirty AssetsWhat did the National Commission on Terrorism report claim in 2000 about the effect of the reforms limiting CIA use of dirty assets?Did the CIA say it slowed them down:No one knows better than we do that when combating terrorism it is often necessary to deal with unsavory individuals. But we do so with eyes wide open and with appropriate notification to senior officials. . . . [The CIA] has never . . . turned down a request to use someone, even someone with a record of human rights abuses, if we thought that person could be valuable in our overall counterterrorism program.Doing Business with TerroristsWho do you need to do business with to learn about terrorists?What about terrorists who become heads of state or of political parties?Jerry AdamsYasir ArafatMenachem BeginThe Role of the MilitaryHow is using the military for covert actions different from using the CIA?Is it better to use the military?What is the command structure confusion when special forces are used for non-military covert actions?Are there potential conflicts when the military collects its own intelligence?Yüklə 0,76 Mb. Dostları ilə paylaş:
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