From: Black Unicorn <unicorn@schloss.li>
Date: Wed, 24 Apr 1996 12:42:45 +0800
To: Adam Shostack <adam@lighthouse.homeport.org>
Subject: Re: EYE_suk
In-Reply-To: <199604231926.OAA26127@homeport.org>
Message-ID: <Pine.SUN.3.93.960423181900.10274B-100000@polaris.mindport.net>
MIME-Version: 1.0
Content-Type: text/plain


On Tue, 23 Apr 1996, Adam Shostack wrote:

> |       security operation. At its heart will be an estmated
> |       3,000 Army troops, 6,300 National Guardsmen, and at
> |       least 10,000 other police and private security guards at
> |       peak strength, with an additional force of agents from
> |       the FBI, ATF, DIA, CIA, NSA and FEMA.
> 
> 	Isn't the CIA forbidden from doing anything on US soil?

Were that true they would have to move out of Virginia.

What you are refering to is the provision in their charter
(basically) forbidding intelligence activities in the United States.

The National Security Act of 1947 defines the duties of the CIA.  It does
so primarily in terms of "intelligence" or "intelligence relating to the
national security."  Legislative history indicates that the intent of
Congress was to grant a mandate for Foreign intelligence.  Consider also
the provision:

"the Agency shall have no police, subpoena, law enforcement powers, or
internal-security functions,"  50 U.S.C. section 403(d)(3).

It was contemplated that the CIA would be limited to foreign intelligence
operations and conduct very few of its operations in the United States.
The Agency was specifically permitted to be headquartered in the United
States and conduct what acts may be necessary to administer that facility.

"In public and private it was generally agreed among legislators and
representatives of the Executive that the CIA would be 'confined out of
the continental limits of the United States and in foreign fields,' that
it should have no 'police power or anything else within the confines of
this country,' and that it was 'supposed to operate only abroad.'"  Select
Committee to Study Governmental Operations with Respect to Intelligence
Activities, Foreign an Military Intelligence, S. Rep. No. 755, Book I,
94th Cong., 2d Sess. 136-139 (1976); See Also, Stephen Dychus et. al.,
National Security Law (1990).

The CIA has relied in past on section 102(d)(3) to authorize its limited
activities in the United States.  (Generally charging the Director with
the protection of sources and methods).

> 
> Adam
> 
> -- 
> "It is seldom that liberty of any kind is lost all at once."

---
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